General Terms and Conditions of the online shop: www.ekotoi.com
General Terms and Conditions of the online shop: www.ekotoi.com
1. General provisions
1.1. The General Terms and Conditions are related to the purchase of goods through the online shop www.ekotoi.com/de/eu. The purchase of goods in accordance with the previous sentence may be made by natural and legal persons (hereinafter referred to as “customer”) without restriction, with the customer agreeing to such purchase contracts will be governed by these General Terms and Conditions, the provisions of the Return policy, other conditions listed on online shop and applicable law.
1.2. The company EUROPALT, spol. s r.o., register seated: Tehla 117, 935 3, Id. No.: 34 118 641, registered in Business register of the District court, section: Sro, Insert No.: 1174/N is in accordance with the General Terms and Conditions a seller (hereinafter referred to as the “seller“).
1.3. The price list is published on the website https://incinerating-toilets.com next to the goods and the seller reserves the right to unilaterally update the price list (hereinafter referred to as “price list”).
1.4. The supervisory authority is: the Slovak Trade Inspection Authority (SOI) and the SOI Inspectorate for the Nitra Region, Staničná 9, 950 50 Nitra.
2. Ordering procedure
2.1. The customer can order goods via the online store. Creating an order is not conditional on registration. While ordering, the customer is obliged to fill in the data required by the system (in the case the customer states Id. No., acts and buys as an entrepreneur, not a consumer). Such data will be used for the purposes of creating the order and subsequent performance of the purchase contract. While ordering, the customer is asked to provide his valid contact details, namely: telephone number and e-mail address. These contact details will be used by the seller to communicate with the customer regarding his order (availability of goods, preparation of the order for issue, etc.).
2.2. The customer fills in all required data specified in the order. Before the final sending of the order, the customer has the opportunity to check the order and the entered data. The customer confirms the order with the “Order” button. The order containing all required data is considered to be sent at the date of delivery to the seller and containing all required data, i.e. delivery and billing address with all data required in the order form, e-mail and telephone contact to the customer, quantity. The sent order is a proposal for the conclusion of a purchase contract by the customer.
2.3. By sending the order, the customer confirms that he has been acquainted and / or was informed by the seller about the main features of the goods, its price (hereinafter referred to as “price”), as well as that he is obliged to pay this specific price to the seller, including other costs associated with delivery and installation. goods offered by the seller.
2.4. the created order will be registered in the seller’s system of which the customer will be informed by e-mail with “Notification of receipt of the order”. This e-mail Notification of order receipt is not an acceptance of the customer’s proposal to conclude a purchase contract.
2.5. After verifying the customer’s order, the seller informs the customer about further information regarding the goods by sending another e-mail, the subject of which will be the acceptance of the order by the seller (hereinafter referred to as “order acceptance”).
2.6. In the order acceptance the seller provides additional information about the delivery time, method of payment as well as other costs that cannot be specified in advance, namely costs of delivery, transport, postage and other costs and fees and, in the case of goods delivery outside the territory of the Slovak Republic, information about the business partner of the seller, or the amount of customs duties (hereinafter referred to as “accompanying services”), all under the conditions specified on the website, in these General Terms and Conditions and in the Return policy.
2.7. The customer, to whom the goods are to be delivered outside the territory of the Slovak Republic, has the right to cancel the order within 5 days from the date of delivery of order acceptance by the seller, in the event that the order price is increased by accompanying services and the customer does not agree with such price. The customer can cancel the order by email at: firstname.lastname@example.org.
3. Payment conditions
3.1. All goods prices are listed including VAT.
3.2. After verifying the customer’s order, the seller will send to the customer, together with the acceptance of the order, information on the total price of the ordered goods, including accompanying services.
3.3. The Payment means the moment of crediting the price (or its part, if according to the agreed conditions, according to the order, only part of the price is to be paid in advance) to the seller’s account to which this payment was to be paid.
3.4. The seller will send the customer an invoice post to shipping the goods. In the case of goods delivered outside the territory of the Slovak Republic, the seller may issue a pre -financing invoice for at least 30% of the purchase price (hereinafter referred to as the “advance”). In the case the customer does not pay the price stated in the pre -financing invoice within 5 days from the due date, the seller may consider that the customer has canceled the order.
3.5. The transfer note is delivered together with the goods.
4. Delivery terms and costs for the goods delivery
4.1. The customer take over the goods from the seller or his business partner within the agreed period or in the case of delivery by the seller, the seller undertakes to deliver the ordered goods to the customer no later than 7 working days from order acceptance or within the period specified in the order acceptance. However, in the case of the goods delivery to outside the territory of the Slovak Republic and the goods delivery is performed by the seller business partner, such period may be extended according to the conditions of the stated by the business partner. The customer will be informed by email about the delivery time.
4.2. The customer acknowledges that there may be circumstances beyond the seller’s control and for which it is unavailable to deliver the goods to the customer within the specified period (such as: force majeure).
4.3. In the case the abovementioned period of delivery is unfulfillable, the seller undertakes to inform the customer immediately and in the case there is no agreement between the seller and the customer on delivery within the replacement period reached, the seller undertakes to return the purchase price paid for the goods to the customer no later than 15 days from the notification of unfulfillment the delivery period or the advance from the pre-financing invoice, in the same way as the price was paid.
4.4. The seller undertakes to deliver the goods to the customer to the address specified by the customer in the order as the place of delivery.
4.5. In the case the goods are to be delivered on the territory of the Slovak Republic, the goods delivery and installation are included in the goods price, i.e. the seller can deliver the goods and install them at his own expense, if the buyer so chooses. However, if the customer does not receive the notified consignment at least 5 days in advance due to absence or for another reason about which he did not inform the seller in advance, the right to free delivery of goods expires and any repeated delivery will be made at his expense.
4.6. In the case the goods are to be delivered outside the territory of the Slovak Republic, the seller reserves the right to deliver the goods through business partners and thus increase the price by accompanying services in accordance with the conditions specified by the business partners (i.e. accompanying services). The price for accompanying services outside the territory of the Slovak Republic will be announced to the customer in the acceptance of the order.
5. Order cancelation
5.1. The right of the customer, who is also a consumer, to withdraw such purchase contract concluded at the distance in accordance the Article 6 of the General Terms and Conditions is not affected by this article 5.
5.2. The customer, who is also a consumer, may withdraw from the distance purchase contract (cancel order) even prior to the expiry of the withdrawal period under Article 6.
5.3. Cancellation of the order by the seller: The seller is entitled to refuse the order and also the right to withdraw from the contract or part thereof if it is not possible for technical reasons to deliver the goods within the required period or due to significant change in its price charged by the business partner. In the event that this situation occurs, the seller will immediately contact the customer to agree on further action. If the customer has already paid the price from the order (the pre-financing invoice or invoice) and there is no agreement on extending the delivery period or the customer does not agree with the price increase, the seller undertakes to return to the customer within 15 days the price paid for the goods.
6. Instruction on the customer’s right to withdraw from the contract
6.1. The customer, who is also a consumer in relation to the seller, has the right to withdraw from the purchase contract without any reason within 14 days from the date of receipt of the goods, this period is considered maintained if the notice of withdrawal was sent to the seller no later than the last day.
6.2. The goods are considered to have been taken over by the customer at the moment the customer or a third party designated by him, with the exception of the carrier, takes over the goods or, if the goods consist of several parts or pieces are delivered, at the moment of taking over the last part or the last piece of goods.
6.3. The customer enforces the right to withdraw from the purchase contract in writing at the seller’s registered office abovementioned, by e-mail at email@example.com, or in the case of goods delivered outside the territory of the Slovak Republic to seller business partner, by whom the goods were also delivered, to the business partner’s contact details delivered to the customer together with the order acceptance. The customer is entitled to use the form that forms Annex No. 1 to withdraw from the purchase contract of these General Terms and Conditions.
6.4. The burden of proving the right enforcement of withdrawal lies with the customer as a consumer. In the event that the customer enforcements his right to withdraw from the purchase contract, he will return the goods to the seller by sending to the address of the seller, or if the goods are delivered outside the Slovak Republic to his business partner, by whom it was also delivered, to the address of the business partner (whose contact details will be delivered together with the order acceptance), or in another way agreed in advance with the seller, within 14 days from the day when the customer enforced his right to withdraw from the purchase contract, but no later than from the date of withdrawal notice delivery to the seller.
6.5. The goods must be sent or handed over to the seller (or in the case of goods delivered outside the territory of the Slovak Republic to his business partner) with proof of purchase/payment, complete accessories and documentation.
6.6. Post to taking over the goods, the customer has the right to unpack and test the goods within the period for withdrawal from the purchase contract in order to find out the characteristics and functionality of the goods. The customer is responsible for the reduction in the value of the goods, which arose as a result of such handling of the goods, which is beyond the treatment necessary to determine the characteristics and functionality of the goods.
6.7. Damage to the packaging and the goods themselves will be accepted by the seller only to the extent that it could not have been prevented by adequate testing of the goods in accordance with the provision of the General Terms and Conditions, i. e. which does not go beyond what is necessary to establish the characteristics and functioning of the goods.
6.8. Upon withdrawal from the contract, the customer bears the cost of returning the goods to the seller or his business partner (if the goods are delivered outside the territory of the Slovak Republic). However, if the delivered goods do not have the characteristics of which the customer has expressed interest and which correspond to the description provided by the seller, the costs of returning and delivering the goods corresponding to the contract, as well as all costs expediently incurred by the customer shall be borne by the seller.
6.9. The seller hereby undertakes without undue delay no later than 14 days from the date of withdrawal notice delivery, to return to the Customer all payments received from him in connection with the purchase contract, including transport, delivery and postage and other costs, and fees, in the same way as was used by the customer when paying for the goods, unless the customer and the seller agree otherwise.
6.10. However, the seller pays the costs of transport, delivery and postage to the customer only to the extent of the cheapest usual method of delivery. Notwithstanding the above, the seller is not obliged to return the price and other costs to the customer before the goods are delivered to him or before the customer proves that he has sent the goods back to him.
6.11. By sending the order to the seller, the customer expressly confirms that the seller has timely and properly fulfilled its information obligations under Art. § 3 (1) of Act no. 102/2014 Coll. on the protection of consumers in respect of the sale of goods under a distance contract.
7. Postupy uplatňovania a vybavovania reklamácií, sťažností a podnetov zákazníkov
7.1. In the event of a complaint, the usual complaint procedure set out in the Return policy for customers applies, and in the event of a conflict between the General Terms and Conditions and the Return policy, in the case of a complaint the Return policy has priority.
7.2. The customer must check the goods immediately upon receipt. He is entitled not to accept the goods if there is visible mechanical damage on it or on its packaging, obviously caused by transport or if the goods are incomplete. In such a case, he is always obliged to write with the employee of the seller or business partner (in the case of goods delivered outside the territory of the Slovak Republic) who delivered the goods, a report on damage (complaint) and refuse to accept the shipment.
7.3. Broken product in undamaged packaging must be reported immediately within the period specified in the Complaints Procedure after receipt of the shipment and do not use the goods. Subsequent claims of this nature may not be accepted.
7.4. The seller is not liable for defects caused by mechanical damage to the product, operation of the product in unsuitable conditions, unprofessional intervention in the product by a person other than the authorized person, or which were caused by natural disasters or improper use.
7.5. Alternative Dispute Resolution: In the event that the customer is dissatisfied with the manner in which the seller has handled his complaint or believes that the seller has violated his rights, the customer has the right to contact the seller for redress. If the seller or designated person authorized to assess defects at the customer’s request under the previous sentence responds in the negative or does not respond to such a request within 30 days from its sending to the customer, the customer has the right to file a motion to initiate alternative dispute resolution under § 12 of Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts, as amended.
7.6. The relevant subject for alternative resolution of consumer disputes with the seller is the Slovak Trade Inspection or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/); the customer has the right to choose which of the listed ADR entities to turn to. The customer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit a proposal for an alternative dispute resolution for their consumer dispute.
7.7. Complaints and suggestions can be submitted by the customer at the e-mail address: firstname.lastname@example.org. A reply will be sent to him, depending on the form of the complaint or complaint lodged, within 30 days of receipt.
8. Protection of Consumer personal data
In accordance with the conditions laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the “Regulation”), as well as Act no. 18/2018 Coll. on Personal Data Protection, as amended (hereinafter referred to as the “Act”), the seller has fulfilled the general information obligation on the processing and protection of personal data of customers, which is listed on the website https://www.ekotoi.com/gdpr-informacna-povinnost.
9. Final provisions
9.1. The customer by sending the order confirms that he has read these General Terms and Conditions and agrees with them in full. The seller reserves the right to change the General Terms and Conditions, which takes effect on the day of publication of the updated version hereof on the website www.ekotoi.com/de/eu. However, in the case of a concluded purchased contract for the goods, this contract is governed by the General Terms and Conditions in force at the time when the purchased contract was concluded. These General Terms and Conditions are valid from _________.
9.2. Práva vznikajúce zákazníkovi z vadného plnenia a záručné podmienky sa riadia platnou právnou úpravou a platným Reklamačným poriadkom predávajúceho, ktorý je dostupný na www.incinerating-toilets.com
9.3. Vzťahy založené kúpnou zmluvou na diaľku prostredníctvom tohto internetového obchodu, ktoré nie sú výslovne v týchto Všeobecných obchodných podmienkach, sa spravujú právnym poriadkom Slovenskej republiky a na rozhodovanie sporov z nej vyplývajúcich sú príslušné súdy Slovenskej republiky.