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Terms and Conditions for Selling Goods
(e-shop of SWISS WATCHES, s.r.o.)
1 General provisions
1.1. These General Terms and Conditions govern the rights and obligations of the parties arising from the purchase contract concluded between the seller, which is the trading company SWISS WATCHES, s.r.o., with its registered office: Pribinova 8, 811 09 Bratislava, CRN / Company ID: 44975813, TIN: 2022898141, VAT No.: SK2022898141, registered in the Commercial Register of the District Court Bratislava I, sec. Sro., insert no. 60575/B (hereinafter referred to as the "Seller") and the Buyer, the subject of which is the purchase and sale of goods on the Seller's e-commerce website with a price limitation under the point 1.5. of these General Terms and Conditions.
Seller Contact Details:
phone: +421 917 549 130
postal address: identical to the address of the seller's registered office.
Seller's account number for non-cash payments:
name of the bank: Tatrabanka, a.s., Bratislava
account number (IBAN): SK 5911000000002628214345
BIC (SWIFT): TATRSKBX
Slovak Trade Inspection (SOI)
SOI Inspectorate for Bratislava Region
Prievozská 32, P.O. Box 5,820 07 Bratislava 27
Technical Product and Consumer Protection Department
tel. no.: 02/ 58272 172-3, fax no.: 02/ 58272 170.
1.2. The parties agree that by sending the order to the seller, the buyer confirms that he acknowledges that these General Terms and Conditions and their terms and provisions will apply to all sales contracts concluded through the e-commerce website operated by the seller, under which the seller will deliver the goods presented on the website to the buyer (hereinafter referred to as the "Purchase Contract/Agreement") and all relations between the Seller and the Buyer arising from the conclusion of the Purchase Contract and in connection with its performance, in particular when delivering the goods, paying the price of the goods and claiming the goods. These General Terms and Conditions also include:
(i) Complaints Procedure (art. 8)
(ii) Advice on the exercise of the consumer's right to withdraw from the purchase contract (art. 10)
(iii) Information on the possibility and conditions of dispute resolution through an alternative dispute resolution system (art.12).
1.3. The General Terms and Conditions are an integral part of the Purchase Agreement. In the event that the Seller and the Buyer enter into a separate written Purchase Contract, in which they agree on conditions different from the General Terms and Conditions, these differently agreed terms of the Purchase Agreement shall prevail over the General Terms and Conditions.
1.4. The list of goods on the Seller's e-commerce website is a catalog of goods usually shipped by the Seller, and the Seller does not guarantee the immediate availability of all listed goods. The availability of the goods will be confirmed to the buyer only by binding confirmation of the buyer's order or by the buyer's question before placing the order by the buyer.
1.5. Only the goods whose value before any discount does not exceed € 1,999 (in words: one thousand and nine hundred and ninety-nine euros), including VAT, can be purchased on the seller's e-shop website.
If you are interested in buying more expensive goods than the limit according to the previous sentence, you can only reserve it within our reservation system at www.wdl.sk and buy it directly at our stone shop; the reservation of such goods does not give rise to any contract for the sale of goods or services under a distance contract or a contract concluded outside the Seller's premises.
1.6. By sending an order to the seller, the buyer confirms that:
a) prior to the conclusion of the purchase contract, the documents "Sample form for withdrawal from the purchase contract" and the following "General Terms and Conditions", which are delivered to the buyer in electronic form together with the "Order delivery notification", were made available to him on the website www.wdl.sk (point 2.2.) automatically after sending the buyer's order to the seller.
b) he has become familiar with these General Terms and Conditions and acknowledges these.
2. Method of concluding the purchase contract
2.1. The Purchase Agreement is concluded only upon a binding acceptance of the proposal to conclude the Purchase Agreement of the Purchaser by the Seller in the form of a completed and sent form on the Seller's website (hereinafter referred to as the "Order or Purchase Order"). Creating an order and sending it to the seller's website is conditional on the option "order with payment"
2.2. Binding acceptance of the buyer's order is the sending of the seller's e-mail confirmation to the buyer about the acceptance of the order marked as "Order Confirmation", sent by the seller to the buyer after the buyer's order has been delivered and after the availability of the goods, valid prices and delivery date of the goods requested by the buyer. If a higher price is found, the Seller is obliged to request the Buyer to agree to the price change according to the current price list before the order is confirmed. Only by granting the buyer's consent to the price change and subsequent confirmation (acceptance) of the order by the seller is the contractual relationship considered to be closed. All prices for goods and services and all fees in the online store are quoted including VAT if the seller is a VAT payer, in case the seller is not a VAT payer the prices are exclusive of VAT and do not include VAT. An "Order receipt notification" automatically sent to the seller's electronic system, received also by the buyer by e-mail immediately upon submitting his order, is not considered to be a binding acceptance of the order; this Order delivery notification is for information purposes only in order to notify the buyer his order was received. Any further information about the order will be sent to the buyer's e-mail address if necessary.
2.3. The binding acceptance of the order includes, in particular, the name and specification of the goods the sale of which is the subject to the purchase contract, the price of the goods and/or other services, the delivery time the name and details of the place where the goods are to be delivered, price, conditions, way and time of transport of the goods to the agreed place, data on the seller (business name, registered office, CRN, registration number in the Commercial Register, etc.), or other data.
2.4. The buyer may notify the seller by e-mail within 24 hours of receiving the order on its cancellation. The buyer is obliged to state his name and specification of the ordered goods in the cancellation notice. In case of the order cancellation, the seller does not charge the buyer for any cancellation fees. In case the buyer has paid the seller the purchase price or its part by the time of the order cancellation, the seller will return the already paid amount or its part within 7 days from the cancellation of the order by transfer to the buyer's bank account, unless the parties agree on a different refund of the purchase price. The right to cancel an order is a special right - the advantage of the buyer provided to him by the seller, which does not restrict or affect the buyer's right to withdraw from the purchase contract under these General Terms and Conditions and the applicable consumer protection law when selling goods based on contracts concluded at a distance.
2.5. If, at the time of placing the order, the goods ordered by the buyer are discounted or other promotional action (e.g. gift for order, etc.) is in progress, the sale of the goods via the seller's website is governed by the binding terms of the respective event in addition to these General Terms and Conditions. If the buyer orders the goods in conflict with the terms of the respective sale, the seller is entitled to cancel the buyer's order. The customer will be informed about the cancellation of the order by e-mail and in the case the purchase price or its part has already been paid, the amount will be refunded to the bank account specified by the buyer within 15 days, unless otherwise agreed with the seller.
3. Seller's rights and obligations
3.1. The seller is obliged to:
a) deliver the goods based on the bindingly confirmed order to the buyer in the agreed quantity, quality and term and to pack or equip the goods for transport in the manner necessary for its preservation and protection,
b) ensure that the supplied goods meet the requirements of applicable legislation,
c) hand over to the buyer, no later than at the time of the goods delivery, either soft or hard copy of all documents necessary for taking over and using the goods and other documents specified within applicable legal regulations (user manuals in Slovak language, warranty card, delivery note, tax document).
3.2. The seller has the right to a proper and timely payment of the purchase price from the buyer for the goods.
3.3. The seller has the right to cancel the order if, due to sellout or unavailability of the goods, the seller is unable to deliver the goods to the buyer within the period specified by these General Terms and Conditions or in the price stated in the online store, unless a substitute execution is agreed with the customer. The customer will be informed of the order cancellation by phone or e-mail and in case of payment of the purchase price or its part, the amount will be refunded to him within 15 days to the account specified by the customer, unless agreed otherwise with the seller.
4. Buyer's rights and obligations
4.1. The buyer is obliged to:
a) takeover purchased or ordered goods
b) pay the seller the agreed purchase price within the agreed maturity date, including the costs related to delivery of the goods,
c) confirm in the delivery note resp. in any other delivery document the takeover of goods by his signature or signature of an authorized person.
4.2. The buyer has the right to receive the goods in quantity, quality, time and place agreed by the parties in the Binding order acceptance.
5. Delivery and payment terms
5.1. The goods are sold in accordance with displayed designs, catalogs, type sheets or sample books of the seller placed on the seller's online store website.
5.2. The seller is obliged to fulfill the buyer's order and deliver the goods to the place specified by the buyer (point 5.3) within:
(i) 5 working days from the date the buyer paid the purchase price of the goods, if the buyer chose the advance payment; payment of the purchase price by the buyer will be made upon the Binding order acceptance of the Seller;
(ii) 5 working days from the date the seller sends the Binding order acceptance to the buyer, if the buyer chose Cash on delivery; the buyer shall pay the purchase price upon delivery of the goods.
The buyer accepts delivery times under this point
5.2. without reservation. Where goods are delivered to the territory of another state, the delivery times referred to in this point 5.2 shall be extended by two (2) to eleven (11) business days.
5.3. The buyer is obliged to take over the goods at the place designated for delivery. The seller delivers the goods:
(i) by post or a courier, depending on the option of the buyer when submitting the order, to the address specified by the buyer in the order,
(ii) to the address of one of the so-called "brick shops" in the territory of the Slovak Republic listed at http://www.watchdeluxe.sk/o-nas/zoznam-predajni/, from which the buyer has specified one in the order from (to avoid any doubts, it must be stated that the operators of these "brick shops" are not, for the purposes of these VOP, considered to be the seller, but are exclusively the seller's contractual partner, acting on behalf of the seller when delivering the goods i.e. they are solely a contractual supply point without the right to receive any payment of the purchase price from the buyer on behalf of the seller). In case the buyer decides to make any payment for the goods at the supply point, it shall be deemed for the buyer to have purchased such goods exclusively from the store operator directly, not under these General Terms and Conditions and not electronically or remotely.
If the buyer does not take over the goods without prior written withdrawal from the purchase contract, the seller is entitled to claim compensation for the incurred charges in the amount of the actual costs related to unsuccessful attempt to deliver the order. After 14 days from the day the buyer was obliged to take over the goods, the seller is entitled to withdraw from the contract and sell the goods to a third party.
5.4. The buyer is obliged to check the goods as well as its packaging immediately upon delivery/receipt. In case the buyer discovers that the goods or packaging of the goods is mechanically damaged, he is obliged to notify the carrier (the deliverer) of this fact and to check the condition of the goods in his presence. In case the damage to the goods is discovered upon its receipt by the buyer, the buyer shall immediately upon receipt of the goods make a record of the extent and nature of damage to the goods (Damage record), the accuracy of which shall be confirmed by the carrier (the deliverer). Based on such a record delivered to the seller, the seller may, after concluding the damage event with the carrier (the deliverer), provide the lacking goods, provide discount on goods and deliver new goods to the buyer in case of non-removable defects. If the place of delivery of goods (supply point) happens to be so-called brick shop (point 5.3. sub. (ii)) paragraph 5.4 shall apply analogously to take over the goods in so-called brick shop.
5.5. In case the seller fails to deliver the goods within the period specified in 5.2. of the General Terms and Conditions, the buyer is entitled to withdraw from the Purchase contract and the seller is obliged to refund to the buyer the already paid part of the purchase price in accordance with point 10.8. of these General Terms and Conditions.
a) the buyer has chosen to pay the purchase price in advance (point 5.7. lett. b/ or c/), the buyer will receive an advance invoice by e-mail for each Binding order acceptance before delivery (point 5.2 sub (i)). The purchase price of the goods must always be paid by the buyer within five (5) working days following after sending the Binding order acceptance to the buyer. Upon receipt of the payment, the seller shall issue a proper tax document for the buyer, which shall be delivered to the buyer electronically to the e-mail address specified by the buyer in the order, respectively to the e-mail from which the order was sent, or as a hard copy together with the goods.
b) the buyer chose cash on delivery (point 5.7. let. a/), the buyer will receive a proper invoice together with the goods (point 5.2 sub (ii)). The purchase price of the goods must be paid by the buyer to the postal company or courier (depending on the form of delivery) upon receipt of the goods.
5.7. The seller accepts the following payment methods, from which the buyer shall choose when submitting the order:
a) cash on delivery payment (payment to postal company or courier upon receipt of goods).
B) prepayment by credit card via internet for the benefit of the seller (payment is made through a payment gateway via Tatra banka, a.s.; the payment gateway is accessible on the seller's website) or via PayPal.
5.8. If the buyer chooses to pay by credit card or by PayPal, we will automatically send an advance invoice to your e-mail (point 5.6 sub a/). Once the payment is credited to our account, you will receive a proper tax receipt on the same email, usually on the next business day. It is necessary for the amount to be credited to our account within the maturity date (point 5.6 sub a/) otherwise the order can be considered cancelled. The fact that a regular tax document can also be delivered in paper form when the goods are delivered is valid.
5.9. Cash on delivery. In case of cash on delivery, the purchase price is paid by the buyer in cash or by credit card to the postal company or courier upon delivery of the goods (point 5.6. sub b/), depending on the form of payment the delivering entity allows. You will receive proper invoice for the purchase price along with the goods.
6. Purchase price
6.1. The buyer is obliged to pay the seller the purchase price of the goods agreed in the Purchase contract and/or according to the seller's price list valid at the time of conclusion of the Purchase contract, including the delivery costs (hereinafter referred to as "Purchase price") within the maturity date (point 5.6) by any of the payment methods (5.7) the buyer selects when submitting the order. The buyer is informed about the purchase price on the website before submitting the order.
Within the Purchase Price, the buyer shall also pay the seller for the cost of shipping the goods (costs of postage or courier service, depending on chosen method of delivery at the time the buyer submitted the order whereas the price of such delivery or delivery methods is stated on the seller's website for individual ways of sending or delivery and is transferred to the order once the buyer selects a choice).
6.2. If the buyer pays the seller the purchase price by wire transfer, the day of payment shall be considered the day when the entire purchase price was credited to the seller's account.
If the buyer pays the seller the purchase price as cash on delivery, the day of payment is considered the day on which the purchase price was received by the postal operator or courier.
6.3. The buyer is obliged to pay the seller the purchase price prior to the delivery of the order, depending on the selection made by the buyer when submitting the order (Section 5.2. Sub (i) in conjunction with clause 5.6 sub a/) OR at delivery of the goods (clause 5.2 sub (ii) and clause 5.6) sub b/).
6.4. All discounts or other sales promotions are valid until sellout of stocks of the designated goods, unless otherwise specified for a specific product.
7. Acquisition of ownership and transfer of risk of damage to the goods
7.1. The buyer acquires ownership of the goods only by paying the full purchase price of the goods. If the purchase price was paid in advance, the buyer shall acquire ownership of the goods at the moment of delivery.
7.2. The risk of damage to the goods transfer on the buyer at the time he takes over the goods from the seller. In case the buyer fails to do so in time, the ownership transfers at the time the seller allows him to handle the goods however the buyer does not take over the goods.
8. Claim procedure (liability for defects, warranty, claims)
8.1. The seller is liable for defects found on the goods at the time of delivery or defects which show up during the warranty period. The buyer is obliged to file a claim to the seller immediately in accordance with the applicable Claim procedure.
8.2. Handling claims is governed by the valid Claim procedure published on the website of the seller www.watchdeluxe.sk, which is expressed also in this section 8 of General Terms and Conditions. By sending the order to the seller, the buyer confirms to have read the Claim procedure and agrees with it in its entirety and at the same time the buyer confirms to have been duly informed about the conditions and the method of claiming the goods, including how the claim can be filed and on the execution of warranty repairs in accordance with §18 par. 1 of the Act no. 250/2007 Coll. on consumer protection, as amended (hereinafter referred to as the "Consumer Protection Act").
8.3. The Claim procedure applies to the goods purchased by the buyer from the seller´s online store a website of the seller´s online store.
8.4. This form of the Claim procedure is valid for all business cases unless other warranty terms are agreed upon, or unless another provision results from mandatory legislation at the crucial time.
8.5. The buyer has the right to claim the seller's warranty only for goods that show defects caused by the manufacturer, the supplier or the seller, that are covered by the warranty and were purchased from the seller.
8.6. The buyer is obliged to inspect the goods upon their receipt. If he fails to do so, he may only claim the defects found in this inspection if he proves that the goods have already been defective at the time of their receipt.
8.7. During the warranty period, the customer is entitled to a free removal of the defect upon presentation of the goods to the seller together with a warranty card and proof of payment.
8.8. The seller will determine the claim form and will place it on the seller's website. In the form, the buyer is obliged to specify the type and extent of defects of the goods and to send the form together with the goods to the address of the seller's registered office, or send the form electronically by the relevant function of the seller's website and then send goods separately to the seller's registered office. Claim procedure commences on the day when all of the following conditions are met:
a) completed claim has been delivered from the buyer to the seller (or delivery of another document showing the buyer's will to claim the goods, including the buyer's and seller's specification, date of purchase contract conclusion (Binding order acceptance), defect description (how the defect displays).
b) buyer delivered claimed goods to the seller.
The seller recommends that the buyer insures the delivery containing the goods. Goods sent to cash on delivery are not accepted by the seller.
8.9. The seller is obliged to accept a claim in any premises where the acceptance of the claim is possible, if the premises are established; the premises are listed on the seller´s website. In case the premises are not listed on the Internet, then the so-called. the brick and mortar shop is not operated and the claim must be filed in electronic form or in writing at the address of the seller's registered office, including sending the claimed goods.
8.10. The buyer is obliged to claim defects of the goods at the seller without undue delay after having found them.
8.11. The seller shall issue to the buyer a confirmation of the claim of the goods in a suitable form chosen by the seller, e.g. via an e-mail or in writing, in which the seller is obliged to accurately identify the defects of the goods in accordance with §18 par. 5/ of the Consumer Protection Act and instruct the consumer on their rights under the prov. §622 and prov. §623 of the Civil Code. If the claim is filed by means of long-distance communication, the seller is obliged to deliver the confirmation of the claim acceptance to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than along with the proof of the claim clearance; the confirmation of the claim acceptance doesn’t have to be delivered if the buyer has the opportunity to prove the claim filing in another way.
8.13. Based on the decision of the buyer, which he applies within his rights under the prov. of §622 a prov. §623 of the Civil Code, the seller is obliged to determine the manner of handling the claim pursuant to §2 lett. m) of the Consumer Protection Act immediately, in more complicated cases within 3 days from the beginning of the claim procedure, in justified cases, especially if complex technical evaluation of the condition of the goods is required, no later than 30 days from the beginning of the claim procedure. After determining the manner of clearing the claim, the seller will process the claim immediately, in justified cases the claim may be cleared later. However, clearing the claim may not take more than 30 days from the claim start date. Upon expiry of the claim clearance period, the consumer has the right to withdraw from the contract or has the right to exchange goods for new goods. The seller shall inform the buyer about the termination of the claim procedure and the claim procedure result by e-mail or registered letter. If the buyer filed the claim during the first 12 months following after the conclusion of the purchase contract, the seller may clear the claim by rejecting it only based on an expert's opinion or an opinion issued by an authorized, notified or accredited person or a person representing the manufacturer of the goods who is designated to perform warranty repairs (hereinafter referred to as "expert assessment of the goods"). Regardless of the outcome of the expert assessment, the seller may not require the buyer to pay for the costs of expert assessment of the goods or other costs associated with the professional assessment of the goods.
If the buyer filed a claim of the product after 12 months following after the conclusion of the purchase contract and the seller rejected it, the person who cleared the claim is obliged to state in the proof of the claim clearance a person to whom the buyer can send the goods for professional assessment. If the buyer sends the goods for expert assessment to the designated person specified in the proof of the claim clearance, the costs associated with the expert assessment of the goods, as well as all other related costs, are borne by the seller regardless of the result of the expert assessment. If the buyer proves the seller's liability for the claimed goods defect by a professional assessment, he may file the claim again; the warranty period does not move on during the performance of the professional assessment of the goods. The seller is obliged to pay to the buyer within 14 days following after the date of the re-filed claim all costs associated with the professional assessment of the goods, as well as all related costs. A re-filed claim under this paragraph cannot be rejected.
8.14. The buyer has no right to claim the warranty for defects (errors) that the seller made him aware of at the time of conclusion of the purchase contract, or defects of which, with regard to the circumstances under which the contract was concluded, he had to know.
8.15. The seller may always replace the defective item by an item with no defects if it does not cause serious difficulties to the buyer.
8.16. In particular, the warranty does not cover:
a) defects under clause 8.14 of the General Terms and Conditions;
b) mechanical damage to the goods not caused by the seller,
c) defects caused by the use of the goods in conditions that do not correspond to the natural environment for the use of the goods (the nature of the goods) due to the moisture, chemical and mechanical influences,
d) improper handling, operation or neglect of the care of goods,
e) damage to the goods caused by excessive load or use in contrary to the conditions specified in the documentation, general principles, technical standards or safety regulations in force in the Slovak Republic,
f) damage to goods by unavoidable and/or unpredictable events or accidental destruction and accidental deterioration,
8.17. The seller is obliged to clear the claim and terminate the claim procedure in one of the following ways:
a) by handing over the repaired goods,
b) by exchanging goods,
c) by refunding the purchase price of the goods,
d) by refunding a reasonable discount on the price of the goods,
e) by a written request to take over the execution specified by the seller,
f) by justified refusal of the goods claim.
8.18. The seller is obliged to issue a written document on the method of determining the way of clearing the claim and shall issue a written proof on clearance of the claim no later than within 30 days from the date of filing the claim via the postal office or courier service provider or via e-mail.
8.19. The warranty period for goods is 24 months (unless a longer warranty period or shorter warranty period is specified for specific cases, if permitted or determined by law) and commences on the date of receipt of the goods by the buyer.
8.20. The warranty period is extended by the period during which the buyer could not use the goods due to a warranty repair.
8.21. In case of replacement of the goods with a new one, the buyer receives a receipt on which the exchanged goods will be listed, and any other claims shall be applied based on the original delivery note and this Claim Procedure. In the case of replacement of goods, the warranty period begins again from the date of receipt of the new goods, but applies only to the new goods.
8.22. All warranty repairs are free of charge if the warranty claim under clause 8.16 of these General Business Terms and Conditions has not expired by the time they were filed.
8.23. As far as a removable defect is concerned, the claim will be cleared according to the buyer's decision under point 8.13. of this Claim Procedure and General Terms and Conditions as follows:
a) the seller will ensure the removal of the defect,
b) the seller will replace the defective goods.
8.25. With regard to a defect that cannot be removed, or repeated defect that can be removed, or a larger number of various removable defects which prevent the goods from being used properly as a faultless product, the seller will, depending on the buyer's decision under paragraph 8.13. of this Claim Procedure and General Terms and Conditions, clear the claim as follows:
a) by replacing the goods for other, functional, with equal or better technical parameters,
b) in case the seller is unable to replace the goods, the claim will be cleared by issuing a credit note for the defective goods.
8.26. Claim clearance applies only to the defects listed in the claim form, resp. claim notification.
8.27. For the claim purposes, a multiple repetitive defect is considered to be more than twice the occurrence of one removable defect.
8.28. For the claim purposes, the occurrence of more than three different removable defects simultaneously is considered to be a greater number of different removable defects.
8.29. For the claim purposes, the period during which, after the conclusion of the purchase contract ,the buyer can not properly use the goods due to its defects, is considered to be period, which all together exceeds 180 days.
8.30. The buyer's right to claim a defect in the goods is, after he has executed his right and has asked the seller to remove the defect of the goods under clause 8.8. of this Claim Procedure and General Terms and Conditions, terminated and regardless of the outcome of the claim, the buyer is no longer entitled to file a claim repeatedly for the same unique mistake (not a mistake of the same kind).
8.31. In case the seller terminates the claim procedure as a justified rejection of the claim, but the defect of the product objectively persists and has not been removed, the buyer may claim his defects in the goods through the court.
9. Personal data and their protection
9.1. The parties have agreed that the buyer, if he is a physical entity, will, at the time of submitting the order, notify the seller of his name, surname, address, postal code, date of birth, phone number, email address and bank account number (bank account number for a refund of the purchase price or any part thereof).
If the seller also processes other personal data of the buyer, these data are processed to the extent necessary to fulfill the obligations arising from the Purchase Contract. The buyer provides personal data to the seller voluntarily for the purpose of concluding a Purchase Contract, fulfillment of obligations arising from the Purchase Contract and further communication with the seller. Without the provision of personal data, the seller cannot properly execute the Purchase Contract with the buyer and therefore it will not be possible to conclude the contract with the buyer. The purpose of processing this personal data is to issue an advance invoice, issue a tax document, pre-contractual relations, identification of the buyer, confirmation of the order via e-mail, delivery of the goods, communication and fulfillment of the obligations during the contract, conducting loyalty programs for customers, implement marketing activities, informing about promotions, news and discounts.
9.2. The seller processes personal data of concerned persons for the purposes of loyalty programs and for marketing purposes with the consent of the concerned person in accordance with §11 of the Act. no. 122/2013 Coll. on the protection of personal data, as amended. The concerned person expresses his/her consent to the processing of personal data when ordering goods via the online store www.watchdeluxe.sk or in another suitable way.
9.3. By sending the order to the seller, the buyer declares honestly that he gives consent in accordance with the provision §11 par. 1 of the Act no. 122/2013 Coll. on personal data protection, as amended (hereinafter referred to as the “APDP”), for the seller to process and store his/her personal data, especially those listed above and/or which are necessary for the seller's activities and processing them in all their information systems. These personal data are processed by the seller for a period of 24 months, unless otherwise provided by law. At the same time, the buyer declares honestly that he gives consent to the seller to process his/her personal data as well as to transfer personal data across borders to the Czech Republic as another member state of the European Union for the purpose of recording concluded purchase contracts between the seller and the buyer and the process of their execution, invoices and other documents, for the purpose of marketing, for the purpose of transporting the purchased goods. The seller undertakes to treat and handle the buyer's personal data in accordance with the applicable legislation of the Slovak Republic. The seller processes the buyer's personal data only for the time necessary to fulfill his obligations under the Purchase Contract and generally binding legal regulations. The seller shall without any delay ensure the liquidation of the buyer's personal data in accordance with §17 par. 1 APDP. The buyer may withdraw the consent to processing of his/her personal data at any time in writing, however this does not affect the possibility of the seller to use these data for purposes necessary for the execution of the Purchase Contract. The consent shall expire within 1 month of receipt of the consent withdrawal by the buyer and the data will be subsequently deleted. The seller shall not disclose personal data to any third party except where this is necessary to fulfill the obligations arising from the Purchase Contract or legislation. The buyer acknowledges that his personal data will be made available or disclosed to a third party (e.g. a carrier) in order to fulfill the seller's obligations under the Purchase Contract.
9.4. The buyer has the right and the possibility to update personal data directly in the on-line mode on the website of the seller's online-store in the section "My account".
9.5. The seller declares that in accordance with provisions of §6 par. 2, let. c) of the APDP, the personal data will be collected solely for the purpose specified in point 9.1., 9.2. and 9.3. of these conditions.
9.6. The seller declares that in accordance with provisions of §6 par. 2, let. e) of the APDP he shall ensure that personal data are processed and used exclusively in a manner that corresponds to the purpose for which they were collected.
9.7. The seller declares that in accordance with §6 par. 2, let. i) of the APDP he shall process personal data in accordance with good manners and will act in a manner that does not contradict the APDP or any other generally binding legal regulation, neither he shall circumvent them.
9.8. The buyer-physical entity has the right to request from the seller in writing:
a) confirmation of whether or not his/her personal data are processed;
b) in a generally comprehensible form, information on the processing of personal data in the information system to the extent of:
- identification information of the seller and the seller's representative, if any,
- broker identification data; this does not apply if the seller does not proceed in accordance with §8 of the APDP when acquiring personal data,
- the purpose of personal data processing,
- a list of personal data or the scope of personal data pursuant to §10 par. 4 of the first sentence of the APDP
c) additional information which, in regard of all the circumstances and conditions of the processing of personal data, is necessary for the buyer to guarantee his rights and the interests protected by law, in particular:
- instruction on the voluntary nature or obligation to provide the requested personal data; if the seller acquires the buyer's personal data based on the buyer's consent pursuant to §11 of the APDP, he shall also notify the buyer of the duration of validity of the consent, and if the buyer is obliged to provide personal data under a directly enforceable act of the European Union, an international treaty by which the Slovak Republic is bound or a law, the seller informs the buyer of the legal basis that imposes this obligation and notifies the buyer of the consequences of refusing to provide personal data;
- third parties, where it is foreseen or apparent that they will be provided with personal data;
- the range of beneficiaries, if it is foreseen or apparent that personal data will be made available to them,
- form of disclosure, if personal data are to be disclosed,
- third countries, where it is foreseen or apparent that the transfer of personal data to those countries will take place;
d) in a comprehensible form, accurate information about the source from which the personal data for processing were obtained;
e) in a generally comprehensible form, a list of personal data which are subject to processing;
f) repair or liquidation of incorrect, incomplete or outdated personal data being processed;
g) liquidation of personal data purpose of processing of which has ended; if official documents containing personal data are processed, they may request their return;
h) the liquidation of personal data that are subject to processing, if there has been a violation of the APDP;
ch) blocking of personal data due to withdrawal of consent before expiry of its validity if the seller processes personal data based on the buyer's consent.
9.9. Based on a free-of-charge written request, the buyer has the right to object to the seller to
a) processing of his/her personal data, which he/she assumes are or will be processed for the purpose of direct marketing without his/her consent, and request their disposal;
b) the use of the title, name, surname and address of the buyer for the purposes of direct marketing in postal service; or
c) providing the buyer's title, name, surname and address for the purposes of direct marketing.
9.10. Based on a written or individual request, if the matter cannot be deferred, the buyer has the right at any time to object to the processing of his/her personal data in the cases pursuant to §10 par. 3, let. a), e), f) or g) of the APDP by giving justified reasons or by providing evidence of unlawful interference with his/her rights and interests protected by law which are or may be harmed by such processing of personal data; if this is not precluded by legitimate reasons and it is shown that the buyer's objection is justified, the seller is obliged to block and dispose of the personal data that the buyer has objected to without delay as soon as circumstances permit.
9.11. If the buyer suspects that his/her personal data is being processed illegally, he/she may submit a proposal to the Office for Personal Data Protection of the Slovak Republic to initiate the proceedings on the protection of personal data.
9.12. If the buyer does not have full legal capacity, his/her rights under the APDP may be enforced by a legal representative.
9.14. If the buyer does not live, a close person may enforce her/his rights under the APDP.
9.15. The seller shall notify the buyer on restriction of the buyer's rights under the par. 9.8. of these General Terms and Conditions as well as the Office for Personal Data Protection of the Slovak Republic in writing without undue delay.
9.16. As the buyer, I declare that I have been informed, in accordance with §15 par. 1 of the he APDP about the conditions of processing of personal data by operators that are published on the website www.watchdeluxe.sk under these General Business Terms and Conditions and I give my consent according to §11 of the Act no. 122/2013 Coll. on personal data protection, as amended by later regulations, for the seller to process my personal data for marketing purposes. At the same time, I agree with my personal data to be disposed to third parties.
10. Withdrawal from the purchase contract
10.1. The seller is entitled to withdraw from the Purchase Contract due to sell-out of the goods, unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the Purchase Contract discontinued production or made such major changes that made it impossible for the seller to fulfill his obligations under the Purchase Contract or due to force majeure or, even when making every effort that can reasonably be required of him, the seller is unable to deliver the goods to the buyer within the period specified by these General Terms and Conditions or in the price stated in the seller's e-shop. The seller is obliged to immediately inform the buyer of this fact and return the purchase price or any part thereof paid to the seller without any delay, within 15 days of the notice of withdrawal; the refund is made by wire transfer to the account specified by the buyer.
10.2. The buyer has the right to withdraw from the purchase contract without stating a reason under the conditions stipulated by the Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a contract concluded at a distance or contracts concluded outside the seller's premises and on the amendment of certain acts (hereinafter referred to as the "Consumer Protection Act in Sale of Goods") within 14 days following after the date of receipt of the goods (exclusions from the right of withdrawal are set out in par 10.15 below). The buyer has the right to unpack the goods within this period (except as provided in par. 10.15 below) and to test it in a manner similar to the usual purchase in a usual “brick and mortar” shop. However, testing does not mean starting to use the goods and then returning it to the seller. Goods shall be deemed to be taken over by the buyer at the moment when all or part of the goods ordered is taken over by the buyer or a third party designated by the buyer (except the deliverer), or if:
a) the goods ordered by the buyer in one order are delivered separately, at the moment of the receipt of the goods that were delivered as last, or if
b) supplied goods consists of several parts or pieces, at the moment of the last part or last piece being taken over, or if
c) the goods are delivered repeatedly for a limited period, at the moment of receipt of the first delivered goods.
10.3. By sending the order to the seller, the buyer confirms that the seller has timely and duly fulfilled his information obligations pursuant to §3 par. 1 of the Consumer Protection Act in Sale of Goods.
10.4. The buyer may claim from the seller the right to withdraw from the contract in a written form or in the form of an entry on another durable medium or by means of a withdrawal form sent to the seller's postal address. The withdrawal form can be downloaded HERE (click here to see the contract withdrawal form) or directly at www.wdl.sk.
After the delivery of the contract withdrawal from, the seller sends the confirmation e-mail resp. a letter to the buyer confirming the receipt of the contract withdrawal from.
10.5. Withdrawal from the Purchase Contract by means of a contract withdrawal form under the preceding paragraph of these General Terms and Conditions shall contain the information required therein, in particular the exact specification of the goods, the date of ordering, the consumer's/consumers´ name(s), consumer´s/consumers´ address(es), consumer´s/consumers´ signature(s), the manner in which the seller is to return the already received funds, in particular the account number and/or postal address, date. At the contract withdrawal, the buyer is obliged to deliver the goods to the seller together with the accessories, including documentation, user manual, warranty card, proof of payment etc. and in the original packaging by sending it to the address of the seller's registered office. We recommend to insure the goods. Cash on delivery items are not accepted by the seller.
10.6. If the buyer withdraws from the contract, any ancillary contract relating to the contract from which the buyer has withdrawn is also canceled from the outset.
10.7. The buyer may also withdraw from the contract subject to the delivery of the goods, even before the withdrawal period begins. The withdrawal period is maintained if the buyer sends a notice of enforcing the right of withdrawal before the withdrawal period expires.
10.8. After withdrawal from the contract, the seller will return to the buyer all payments that the buyer has demonstrably paid in connection with the conclusion of the contract, in particular the purchase price including the cost related to the delivery of the goods. However, the seller is not obliged to reimburse the buyer for additional costs if the buyer has chosen a different way of delivery than the cheapest normal delivery method offered by the seller. Additional costs are the difference between the cost of delivery chosen by the buyer and the cost of the cheapest normal delivery method offered by the seller. The payments will be returned to the buyer within 14 days of the day the seller receives a notice of withdrawal from the contract from the buyer. The payment will be made in the same manner as the buyer used to pay the seller if the buyer did not provide another method of payment in the contract withdrawal form, without charging any additional fees.
10.9. The seller is not obliged to return to the buyer all payments under point 10.8. of these General Terms and Conditions before the buyer delivers the goods to the seller or the buyer proves that the goods have been sent back to the seller. The seller will therefore pay the buyer the payment for the purchased goods only after the returned goods have been returned to the address specified in point 10.5 of these General Terms and Conditions or upon presentation of the document proving the return of the goods, whichever comes first.
10.10. In case the buyer withdraws from the contract in accordance with point 10.2. of these General Terms and Conditions and will deliver to the seller the goods which have been used and damaged or incomplete or the value of the goods in question is reduced due to the handling of the goods beyond the treatment necessary to determine the properties and functionality thereof; the seller has the right to claim reimbursement for the damage in the amount of repair of goods and bringing the goods back to the original condition, resp. the seller has the right to claim from the consumer the reimbursement of the impairment of the goods.
10.11. The buyer is obliged to return the goods together with the accessories, including documentation, user manual, warranty card, proof of payment, etc. to the seller within 14 days from the day of withdrawal from the contract. and in the original packaging.
10.12. When withdrawing from the contract, the buyer bears the direct cost of returning the goods to the seller or the person authorized by the seller to take over the goods. The direct cost of returning the goods cannot be reasonably calculated in advance. According to the available information, an estimate of these costs depending on the size, weight of the goods, distance from where the goods are returned and prices for transport may reach approx. 2 EUR to 10 EUR.
10.13. When withdrawing from the contract, the buyer bears also the direct cost related to returning the goods, which due to its nature cannot be returned by post. The direct cost of returning the goods cannot be reasonably calculated in advance. According to the available information, an estimate of these costs depending on the size, weight of the goods, distance from where the goods are returned and prices for transport may reach approx. 2 EUR to 10 EUR.
10.14. If the buyer fails to comply with any of the obligations set forth in paragraphs 10.4. and 10.5. of these General Terms and Conditions, the withdrawal from the Purchase Contract is not valid and effective and the seller is not obliged to return all demonstrable payments under the paragraph 10.8. of these General Terms and Conditions to the buyer and at the same time the seller is entitled to reimbursement of costs associated with sending the goods back to the buyer.
10.15. The buyer cannot withdraw from the contract where the subject is
a) the sale of goods made under the specific requirements of the consumer, goods made to measure or goods specifically intended for one consumer,
b) the sale of audio records, video records, audio-video records, books or computer software sold in protective packaging, where the consumer has unpacked the packaging.
c) the sale of goods enclosed in protective packaging which is not suitable to be returned for reasons of health protection or for hygienic reasons and whose protective packaging has been damaged after delivery, e.g. dental care articles, razor accessories, etc.
11. Product buyer ratings
11.1. If the seller allows the buyer to publish ratings and opinions on the seller's goods or services on his/her website (online store), the seller reserves the right not to publish or to remove such ratings or opinions that contain inappropriate terms, are false, do not relate to the goods or service, refer to external sites or in any other way harm the name of the seller, or are offensive or abusive, or violate applicable law.
12. Alternative dispute resolution under the Act. no. 391/2015 Coll.
12.1 A buyer who is a consumer is entitled to settle a dispute from a consumer contract concluded with a seller or a dispute related to a consumer contract through alternative dispute resolution in accordance with Act No. 391/2015 Coll. on alternative consumer disputes and on amendments to other acts. The right of the buyer who is a consumer to pursue an alternative dispute resolution does not preclude the consumer's right to judicial or other legal protection and is not a condition for their enforcing; therefore, it constitutes a right (an option), but not an obligation for the buyer who is a consumer to benefit from an alternative dispute resolution with the seller.
12.2 The alternative dispute resolution aims to achieve a moderate resolution of the consumer dispute between the buyer and the seller, with the participation of the consumer dispute resolution authority. An alternative consumer dispute resolution, provided that the parties to the dispute are willing to settle the dispute, results in an agreement elaborated by the consumer alternative dispute resolution authority that is binding to the parties, if it is signed by the alternative consumer dispute resolution participants.
12.3 A buyer who is a consumer has the right to address a consumer dispute with the seller to an alternative dispute resolution authority, which is, in view of the nature of the contracts covered by these General Terms and Conditions, the Slovak Trade Inspection or other entities registered in the list of alternative dispute resolution entities led by the Ministry of Economy of the Slovak Republic.
12.4 A buyer who is a consumer has the right to appeal to the seller for correction if he is not satisfied with the manner in which the seller has handled his claim or if he believes the seller has violated his rights. If the seller responded to the request under the previous sentence by refusal or did not respond to the request within 30 days from the date of dispatch of the request, the buyer who is a consumer has the right to initiate an alternative dispute resolution via the alternative dispute resolution authority.
12.5 A proposal for an alternative consumer dispute resolution may be filed by a buyer who is a consumer at an alternative dispute resolution authority, either verbally in a record or in written or electronic form. To submit a proposal, the consumer may use the application form, which is Annex 1 to the Act no. 391/2015 Coll which is also available on the website of the Ministry of Economy of the Slovak Republic as well as on the website of every entity of alternative consumer dispute resolution.
12.6 In accordance with §3 par. 1/ let. t of the Act no. 102/2014 Coll. the seller refers to the Alternative Dispute Resolution Platform (http://ec.europa.eu/odr), through which the buyer who is a consumer can file an alternative dispute resolution under Art. 14 par. 1 and par. 2 of Regulation of the European Parliament and Council (EU) No. 524/2013 on online consumer dispute resolutions. The link on the platform listed herein is also placed as a separate link on the seller's website.
13. Final provisions
13.1. The seller reserves the right to change these General Terms and Conditions. The obligation to notify in writing about the change of terms and conditions in these General Terms and Conditions is fulfilled by placing the information on the website of the online (electronic) store of the seller, however, the change does not concern purchase contracts already concluded.
13.2. In case the purchase contract was concluded in writing, any change to it must be made in writing.
13.3. In case of doubt, the parties have agreed that the period of use is considered to be the period from the delivery of the goods to the buyer (including the date of delivery) to the day of return of the goods to the seller, resp. by handing over the goods to the postal office for the purpose of transporting them to the seller.
13.4. The parties agreed that communication between them will be carried out mainly via e-mails, resp. consignment mail.
13.5. Relationships not governed by these General Terms and Conditions, unless otherwise specified below, are governed by the relevant provisions of the Act No. 40/1964 Coll. Civil Code, as amended, the Act no. 22/2004 Coll. on e-commerce as amended by the Act no. 250/2007 Coll. on consumer protection, as amended, and the Act no. 102/2014 on consumer protection in the sale of the goods or provision of services on the contract concluded at a distance or contract concluded outside the seller's premises as amended.
The relations in conclusion of the purchase contract in the seller´s online store, which arose between the seller and the buyer, who is a business entity or a physical entity-entrepreneur, not having a consumer status, are subject to the relevant provisions of the Act. no. 513/1991 Coll. Commercial Code, as amended. These General Terms and Conditions apply to purchase contracts, which, according to the previous sentence, are governed by the provisions of the Commercial Code, only with respect to those rights and obligations that are not guaranteed exclusively to consumers by any valid legal regulations, the provisions expressing consumer protection rights of these General Terms and Conditions are thus excluded for relations governed by the Commercial Code.
13.6. Legal relations from purchase contracts are governed exclusively by the law of the Slovak Republic, unless the mandatory provision of the law stipulates otherwise.
13.7. These General Terms and Conditions become effective against the buyer at the moment the buyer sends an e-order to the buyer.
These General Terms and Conditions for Sale of Goods in the online store of SWISS WATCHES, s.r.o. have been issued and placed on www.wdl.sk on August 1st 2017.
In Bratislava on September 1st 2017
SWISS WATCHES, s.r.o.
Mgr. Monika Ferková, Representative agent