GENERAL TERMS AND CONDITIONS
/hereinafter also referred to as the “GTC”/ wording effective from 1.12.2024
- RECITALS
These GTC govern the relations between the parties to the purchase contract, where ES-RD 5 s.r.o. is on the one hand., ID No. 50 264 109, with its registered office at Špitálska 55, 811 08 Bratislava – Old Town District, registered in the Commercial Register of the Municipal Court Bratislava III, Insert No. 110478/B as the seller and operator of the online shop www.miramat.sk (hereinafterreferred to as the “seller” or “ES-RD 5“) and on the other hand is our customer as the buyer (hereinafter referred to as the “buyer” or “customer“).
We treat our customers uniformly and provide them with the same benefits, whether they are consumers or not. Therefore, all ourcustomers are subject to the rules set out in these Terms and Conditions.
The Buyer under these GTC is a natural person in the position of a consumer or a natural person or a legal entity doing business.
A consumer is a natural person who, when concluding and performing a consumer contract, does not act within the scope of hisbusiness activity or other business activity.
Legal relations between the Seller and the Consumer not expressly regulated by these GTC are governed by the relevant provisionsof Act No. 40/1964 Coll., the Civil Code, as amended, as well as related regulations.
Entrepreneurs shall mean:
- a person registered in the Trade Register;
- a person who does business on the basis of a trade license,
- a person who does business on the basis of a trade licence other than a trade licence under special regulations,
- a person who carries out agricultural production and is registered in the register according to a special regulation.
For the purposes of the GTC, an entrepreneur is also understood to be a person who acts in accordance with the previous sentencewithin the scope of his business activity. If the Buyer states his/her identification number (IČO) in the order, then he/she agrees thatthe rules set out in these GTC for Entrepreneurs apply to him/her.
The legal relations between the Seller and the Buyer, who is the entrepreneur, not expressly regulated by these GTC or the contractbetween the Seller and the Buyer, are governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, as well as related regulations. In the event of any discrepancies between the GTC and the individual contract, the text of the contract shall prevail.
By creating an order, the Buyer confirms that he has familiarized himself with these GTC before concluding the contract, and that he agrees with them, in the wording valid and effective at the time of creating the order, the Complaint Procedure, the Terms and Conditions of Personal Data Protection and the document “Methods of Transport”, and that he agrees with them, in the version validand effective at the time of creating the order.
The Buyer is aware that the purchase of the products offered by the Seller does not give rise to any rights to use the registeredtrademarks, trade names, company logos and/or patents of the Seller or other contractual partners of the Seller, unless otherwiseagreed in a specific case by a separate contract.
- PRE-CONTRACT NOTICE TO THE CONSUMER BUYER
The Seller informs the Buyer Consumer that:
- the costs of means of distance communication do not differ from the basic rate (or internet and telephone connectionaccording to the terms and conditions of the Buyer’s operator, the Seller does not charge any additional fees, this does notapply to contractual transport);
- requires payment of the purchase price before the Buyer takes over the performance from the Seller, or the obligation to payan advance or similar payment regarding the Buyer’s requirements for the provision of specific services, if they are requestedand provided;
- The Seller shall not conclude a contract the subject of which is repeated performance, if it mediates such contracts, theshortest period for which the contract will bind the parties shall be announced by the provider of the given performance, including information on the price or the method of its determination for the billing period, which is always one month, if thisprice is unchanged;
- in the case of licence agreements concluded for an indefinite period, the price of the licence is agreed for the entire duration of the licence, unless otherwise specified;
- the prices of goods and services are indicated on the website operated including VAT, including all fees stipulated by law, however, the cost of delivery of goods or services varies according to the chosen method and transport providers and themethod of payment for the order;
- The consumer buyer has the right to withdraw from the contract (unless otherwise stated below) within 14 days, which runs in the case of
- the purchase contract from the date of receipt of the goods,
- a contract which is the subject of several types of goods or the delivery of several parts, from the date of receipt of thelast delivery of goods, or
- a contract the subject of which is the regular repeated supply of goods, from the date of receipt of the first delivery of goods
and this withdrawal must be sent to the Seller’s address, to the Seller’s e-mail address, or notified in person at the Seller’sregistered office.
- The consumer buyer cannot withdraw from the contract.
- for the provision of a service, if its provision has begun with the consumer’s express consent and the consumer has declared that he has been duly informed that by expressing such consent, he loses the right to withdraw from the contractafter the full provision of the service, and if the service has been fully provided,
- the sale of goods or the provision of a service, the price of which depends on the movement of prices on the financialmarket, which cannot be influenced by the seller and which may occur during the period for withdrawal from thecontract,
- the sale of goods made according to the specific requirements of the consumer, custom-made goods or goods intendedspecifically for a single consumer,
- the sale of goods that are subject to rapid deterioration or perishability;
- the sale of goods enclosed in protective packaging, which are not suitable for health protection or hygienic reasons and whose protective packaging has been broken after delivery,
- the sale of goods which, due to their nature, may be inextricably mixed with other goods after delivery;
- the sale of alcoholic beverages, the price of which was agreed at the time of concluding the contract, and their deliverycan be made after 30 days at the earliest and their price depends on the movement of prices on the market, which theseller cannot influence,
- carrying out urgent repairs or maintenance that the consumer has specifically requested from the seller; this does notapply to service contracts and contracts the subject of which is the sale of goods other than spare parts necessary forrepair or maintenance, if they were concluded during the seller’s visit to the consumer and the consumer has not orderedthese services or goods in advance,
- the sale of phonograms, video recordings, audiovisual recordings, books or computer software sold in protectivepackaging, if the consumer has unpacked the packaging;
- the sale of periodicals, with the exception of sales on the basis of a subscription agreement, and the sale of books notsupplied in protective packaging;
- for the provision of accommodation services for purposes other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities, and according to which the Sellerundertakes to provide these services at the agreed time or within the agreed period,
- for the provision of accommodation services for purposes other than accommodation, the transport of goods, the rental of cars, the provision of catering services or the provision of services related to leisure activities, and according to which theSeller undertakes to provide these services at the agreed time or within the agreed period.
- In the event of withdrawal from the contract, the Buyer Consumer bears the costs of returning the goods to the Seller, and ifthey withdraw from the contract concluded at a distance, also the costs of returning the goods, which, due to their nature, cannot be returned by regular mail;
- The buyer is obliged to pay a proportionate part of the price in the event of withdrawal from the contract, the subject of whichis the provision of services and its performance has already begun;
- the contract, or the relevant invoice, will be stored in the Seller’s electronic archive, while the Seller’s registered users alsohave access to this data in their profile;
- the consumer may lodge a complaint in writing or address a complaint to a supervisory or state supervisory authority;
- in the case of pre-order of goods by the Buyer, the price of such goods is only preliminary. The final price of the goods mayvary. The Seller will inform the Buyer about the price change. The purchase price of the goods will be determined only afterthe goods have been stocked by the Seller. Any difference between the preliminary price paid and the purchase price will berefunded by the Seller or paid by the Buyer before the delivery of the goods, unless the Buyer decides to cancel the pre-order. For goods that can be pre-ordered, the seller reserves the right to change the delivery date, even repeatedly. In the event of a substantial change in the delivery date (i.e. 14 days), the Buyer has the right to withdraw from the contract. If thecircumstances on which the Seller relied at the time of the pre-order of the goods by the Buyer change to such an extent that itis not possible to reasonably require that it be bound by the pre-order, the Seller has the right to cancel the pre-order withoutfurther ado and subsequently inform the Buyer thereof.
- The Seller’s contact email address is [email protected]
- PURCHASE CONTRACT
- Conclusion of the purchase contract
The order is created at the moment when the Buyer puts the selected goods, service or electronic content in the cart and sendsthe order. The Buyer may be assisted in concluding the contract by an employee of the Seller, either directly at the branch or by phone or as part of an e-mail order. Until the Buyer confirms the binding order, he can change both the required fulfillmentin the cart, as well as the method of transport and the method of payment. The Buyer is obliged to check all the dataprovided/selected when creating the order. The Purchase Contract is concluded upon confirmation of the order created by theBuyer by the Seller, and the Seller shall not be liable for any data transmission errors. The Seller shall immediately confirm to the Buyer by means of an informative e-mail to the Buyer the e-mail address provided by the Buyer. The resulting contract(including the agreed price) may be changed or cancelled only on the basis of the agreement of the parties or on the basis of legal reasons, unless these GTC stipulate otherwise.
The concluded contract is archived by the seller for a period of at least five years from its conclusion, but no longer than forthe period according to the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to thirdparties who are not involved. Information about the individual technical steps leading to the conclusion of the contract is clearfrom these GTC, where this process is clearly described.
- Delivery of the object of purchase/object of transfer
By the Purchase Contract, the Seller undertakes to hand over the goods to the Buyer and allow him to acquire the ownershipright to them, and the Buyer undertakes to take over the goods and pay for them to the Seller.
The Seller reserves ownership of the goods, and therefore the Buyer becomes the owner only after full payment of thepurchase price.
The Seller shall hand over the goods and documents relating to the goods to the Buyer and allow the Buyer to acquireownership rights to the goods in accordance with the contract.
The Seller fulfils the obligation to hand over the goods to the Buyer if it allows the Buyer to dispose of the goods at the placeof performance and notifies the Buyer in time.
If the Seller is to dispatch the goods, the Seller shall hand over the goods to the Buyer-entrepreneur by handing them over to the first carrier for transport for the Buyer and allow the Buyer to exercise the rights under the Contract of Carriage against theCarrier. The seller hands over the goods to the buyer – consumer at the moment when the goods are handed over to him by thecarrier.
The Seller delivers a larger number of items than agreed, the purchase contract is concluded even for the excess quantity, unless the Buyer refuses to do so without undue delay.
The seller will hand over the goods to the buyer in the agreed quantity, quality and design.
If it is not agreed how the goods are to be packed, the seller packs the goods according to custom; if there are no customs, thenin the manner necessary for the preservation of the goods and their protection. In the same way, the seller procures the goodsfor transport.
With regard to minimizing damage and ensuring trouble-free supply, the seller reserves the right to send the goods to the buyerwho has ordered goods for a total value exceeding 3,500 Euro including VAT within one order and/or one day, only after fullpayment of the total purchase price. Once the buyer has paid the total purchase price of the purchased goods, the seller willmake the shipment in accordance with the buyer’s requirements set out in the order.
- Passage of damage hazard
An item has a defect if it does not have the agreed properties. The performance of another item and defects in the documentsnecessary for the use of the item are also considered defects. The Buyer’s right from defective performance is based on thedefect that the item has when the risk of damage is transferred to the Buyer, even if it becomes apparent only later. The Buyer’sright will also be established by a defect that the Seller caused by the breach of its obligation. If possible, the buyer inspectsthe item as soon as possible after the risk of damage to the item has passed and makes sure of its properties and quantity. TheSeller is obliged to inform the Seller of any defects and deficiencies found without undue delay. The risk of damage passes to the Buyer upon receipt of the item. The same consequence occurs if the Buyer does not take over the item, even though theSeller has allowed him to dispose of it. Damage to property incurred after the risk of damage to property has been transferredto the Buyer does not affect the Buyer’s obligation to pay the purchase price, unless the Seller caused the damage by breachingits obligation. By the Buyer’s delay in taking over the item, the Seller shall have the right to sell the item in an appropriatemanner after providing the Buyer with an additional reasonable period of time for receipt. This also applies if the Buyer is in default with the payment by which the handover of the item is conditional.
- Seller’s Liability
The Seller is liable to the Buyer that the item is free from defects upon receipt. In particular, the Seller is liable to the Buyerthat at the time when the Buyer took over the item,
- the item has the characteristics agreed upon by the parties and, in the absence of such an agreement, that it has suchcharacteristics as the Seller or the manufacturer has described or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them;
- the item is suitable for the purpose that the Seller states for its use or for which the item of this kind is usually used;
- the thing is in the corresponding quantity, measure or weight; and
- the case complies with the requirements of the legislation.
- If the defect becomes apparent within six months of receipt, the item shall be deemed to have been defective at the timeof receipt.
- The Buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt, unless otherwise stated, but this does not apply to:
- an item sold at a lower price for a defect for which the lower price was negotiated;
- wear and tear of the item caused by its habitual use;
- in the case of a used item, to a defect corresponding to the degree of use or wear that the item had when it wasreceived by the Buyer; or
- if it results from the nature of the matter.
- consumer goods (e.g. cosmetics, drugstore products, etc.)
The buyer entitled to exercise the right from the defect within twenty-four (24) months, however, if the expiry date isnot indicated on the goods, in which case the period will be shortened only to the date indicated on the packaging of the goods. The consumer takes note of the fact that if a gift is provided together with the goods, it is possible to exercise the right from the defect within 24 months only for the goods sold, but not for the gift provided together withthe goods. In the case of these gifts, the consumer may exercise rights from defective performance only within 14 daysfrom the date of receipt of the goods. An entrepreneur is not entitled to exercise rights from defective performance in the event of a gift. Individual deadlines are regulated in more detail by the Complaints Procedure. For the Buyerentrepreneur, the deadline for exercising rights arising from defective performance may be regulated differently, if it isexpressly stated for the given type of goods, such a period shall prevail. In this case, the goods are marked as follows. The Buyer does not have the right from defective performance if the Buyer knew that the item had a defect beforetaking over the item, or if the Buyer caused the defect himself. If the item has a defect, the Seller is obligated to do so, and if it is an item sold at a lower price or a used item, the Buyer is entitled to a reasonable discount instead of theright to replace the item.
- Material breach of contract
If the defect occurs within the specified period and if the defective performance is a material breach of contract, the buyer has the right to:
- to remedy the defect by delivering a new item without the defect or by delivering the missing item, unless this isdisproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the Buyer may onlyrequire the replacement of the part; If this is not possible, he can withdraw from the contract. However, if this isdisproportionate due to the nature of the defect, in particular if the defect can be rectified without undue delay, theBuyer has the right to have the defect removed free of charge;
- to remove the defect by repairing the item,
- to a reasonable discount on the purchase price, or
- withdraw from the contract.
The Buyer shall notify the Seller of the right he/she has chosen upon notification of the defect or without undue delay afternotification of the defect. The choice made cannot be changed by the Buyer without the consent of the Seller; this does notapply if the Buyer has requested the repair of a defect that turns out to be irreparable. If the Seller fails to remove thedefects within a reasonable period of time or if the Buyer notifies the Buyer that it will not remove the defects, the Buyermay demand a reasonable discount on the purchase price instead of removing the defect, or may withdraw from thecontract.
If the Buyer does not choose his right in time, he has rights as in the case of a non-material breach of contract – see below. The Buyer-Consumer is entitled to a reasonable discount even if the Seller cannot deliver a new item without defects, replace its part or repair the item, as well as in the event that the Seller fails to repair it within a reasonable time, or if itwould cause significant difficulties for the consumer to provide remedy.
- Minor breach of contract
If the defective performance is a minor breach of contract, the Buyer has the right to have the defect removed or to a reasonable discount on the purchase price. If the Buyer does not exercise the right to a discount on the purchase price or doesnot withdraw from the contract, the Seller may supply what is missing or remedy the legal defect. Other defects may beremoved by the Seller at his choice by repairing the item or delivering a new item. If the Seller fails to remove the defect of theitem in time or refuses to remove the defect of the item, the Buyer may demand a discount on the purchase price or maywithdraw from the contract. The Buyer cannot change the choice made without the consent of the Seller.
- Breach of contract in general
The Buyer has the right to deliver a new item or replace a part even in the case of a removable defect, if the item cannot beproperly used due to the repeated occurrence of the defect after repair (third complaint of the same defect) or due to a largernumber of defects (at least 3 defects at the same time). In such a case, the Buyer – Consumer also has the right to withdrawfrom the contract. Upon delivery of a new item, the Buyer shall return to the Seller at its expense the item originally delivered(including all supplied accessories). If the Buyer did not report the defect without undue delay after being able to detect it witha timely inspection and due diligence, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the Buyer could have discovered it with sufficientcare, but no later than two years after the item was handed over.
- Quality guarantee
By guaranteeing quality, the Seller undertakes that the item will be fit for normal use for a certain period of time or that it willretain its usual characteristics. The indication of the warranty period or the expiry date of the item on the packaging or in theadvertisement also has these effects. A warranty can also be provided for an individual part of the item. The warranty periodruns from the handover of the item to the Buyer; If the item has been shipped under the contract, it runs from the delivery of the item to the place of destination. If the purchased item is to be put into operation by someone other than the Seller, thewarranty period runs only from the date of putting the item into operation, if the Buyer ordered commissioning from the Sellertogether with the item or no later than three weeks from the receipt of the item and provided the necessary cooperation for theperformance of the service properly and in a timely manner. The Buyer is not entitled to a warranty if the defect was caused by an external event after the risk of damage to the items has passed to the Buyer.
- Subsequent sale of the purchased item
If the Buyer sells, donates or otherwise transfers the item purchased from the Seller to another person, he is obliged to informthe Seller about it. If the Buyer does not inform the Seller about this, the Seller still considers the Buyer to be the owner of theitem and the person to whom the rights from the defective performance belong.
- Special rules for pre-order
In the case of pre-order of goods by the Buyer, the price of such goods is only preliminary. The final price of the goods mayvary. The Seller will inform the Buyer about the price change. The purchase price of the goods will be determined only afterthe goods have been stocked by the Seller. Any difference between the estimated price paid and the purchase price will berefunded by the Seller or paid by the Buyer before the delivery of the goods, unless the Buyer decides to cancel the pre-order. The seller reserves the right to change the delivery date for goods that can be pre-ordered. In the event of a substantial change in the delivery date (i.e. 14 days), the Buyer has the right to withdraw from the purchase contract. If the circumstances on which the Seller relied at the time of the pre-order of the goods by the Buyer have changed to such an extent that it is notpossible to reasonably require the Seller to bind the pre-order, the Seller has the right to cancel the pre-order and at the sametime inform the Buyer thereof.
- SECURITY AND INFORMATION PROTECTION/GDPR
Personal data protection:
- The Seller will process personal data through the Seller’s application and website when providing its services and sellinggoods. The protection of personal data under this Article applies only to clients as natural persons under the Personal DataProtection Act.
- The Seller informs natural persons who order goods that personal data will be processed in the scope of title, name, surname, permanent residence, delivery address, e-mail, telephone number and will be processed by the Buyer as the controller only forthe purpose of fulfilling contractual and pre-contractual relationships. Personal data will not be disclosed to a third party forany other purpose.
For the purpose of performing the contract, the Seller will process the Buyer’s necessary personal data in accordance with nationallegislation on the protection of personal data, in particular in accordance with Act No. 18/2018 Coll. on the Protection of PersonalData and on Amendments to Certain Acts and REGULATION (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (GDPR) to the extent and in the manner specified in the Privacy Statement, which is anintegral part of these GTC and which is available on the website of the Seller www.miramat.sk
- The Privacy Policy may also be sent to the Buyer upon request.
- The Customer/Buyer acknowledges that the Seller will automatically process the data in electronic form during the duration of the contractual relationship, or even after its termination, for the period necessary to settle the mutual rights and obligations, the personal data of the Customer/Buyer to the extent provided for the purpose of fulfilling the Purchase Contract. The Sellerwill not resell the personal data of the Customer/Buyer. If necessary, the Seller may sell personal data to public authorities, to the extent necessary. The Seller informs the Customer/Buyer that the provision of personal data for the purpose of performingthe Purchase Contract is mandatory and in the event of failure to provide them, it is not possible to conclude a purchasecontract with the Seller. The Customer/Buyer is entitled to contact the Seller in connection with the processing of personaldata at the following e-mail: [email protected];
- The Customer/Buyer further acknowledges that in the event of any change in the personal data provided to the Seller, theCustomer/Buyer is obliged to notify the Seller of the change without undue delay;
- The Seller further informs the Customer/Buyer that he has the right to access personal data and the right to data portability. If the Customer/Buyer finds out or believes that the Seller is processing personal data that is contrary to the protection of his/her private and personal life, or contrary to the law, in particular if his/her personal data is inaccurate with regard to thepurpose of their processing, he/she may ask the Seller for an explanation or request the removal of such a situation. Thismay include, in particular, the rectification, supplementation, deletion of personal data or restriction of processing. TheCustomer/Buyer has the right to lodge a complaint with the Office for Personal Data Protection if he believes that theprocessing of his personal data violates the relevant legal provisions on personal data protection.
- Further information regarding the processing of personal data is available on the Seller’s website.
Sending commercial communications (newsletters)
- The Seller informs the Customer/Buyer that the Seller processes the Customer’s/Buyer’s e-mail and phone number for thepurpose of promoting its own products or services similar to those it provides or has provided to the Customer/Buyer, evenwithout prior consent. In these cases, the Customer/Buyer may do so until the Customer/Buyer expresses his/herdisagreement.
- OPERATING HOURS
Opening hours: Mon- Fri: 9:00 – 17:00
In the event of a failure of the information system or force majeure, the seller is not responsible for non-compliance with theoperating hours of the e-shop.
Customers will be informed about the opening hours on public holidays on www.miramat.sk
- PRICES
All prices are negotiable. The online e-shop always has up-to-date and valid prices. The prices are final, i.e. including VAT, or allother taxes and fees that the consumer must pay to acquire the goods, this does not apply to any transport fees, etc., which are listed only within the so-called shopping basket and their amount depends on the Buyer’s choice.
The prices listed for individual products are final, i.e. including VAT, or all other taxes and fees that the Buyer must pay to acquirethe goods, but this does not apply to any fees for transport, cash on delivery and the cost of distance communication, which are listed only within the so-called shopping cart and their amount depends on the Buyer’s choice.
The Buyer acknowledges that there may be cases where the contract between the Seller and the Buyer is not concluded, especiallyin the case when the Buyer orders goods at a price published in error as a result of an error in the Seller’s internal informationsystem or the fault of the Seller’s staff. In such a case, the Seller is entitled to withdraw from the purchase contract, even after theBuyer has received an e-mail confirming his order, of which the Seller informs the Buyer without undue delay. Examples of whenan erroneously published price can occur are mainly the following:
- the price of the goods is incorrect at first glance (e.g. it does not take into account the purchase price or the usual price of the goods);
- the price of the goods is missing or contains one or more digits;
- The discount on goods exceeds 50%, without the goods being part of a special marketing campaign or sale event markedwith a special symbol and advertising the corresponding amount of the discount.
The Buyer points out that the Seller’s information system automatically states that the goods are discounted, or goods on sale, etc. In case of doubt whether the goods are really discounted or whether there is an obvious error in the price of the goods, the Buyeris therefore obliged to contact the Seller and verify the information about the correctness of the price.
If the Seller has purchased goods from a non-VAT payer and offers the goods in question in the category “used, new or unpacked”, the price of the goods is calculated without VAT in accordance with the provision of Section 66 of Act No. 222/2004 Coll. on Value Added Tax. The buyer acknowledges that this fact can only be taken into account in the invoice for the order in question. Promotional prices are valid until the Seller’s stocks are sold out or when the number of pieces of promotional goods is indicateduntil the specified number of pieces of promotional goods are sold out or until the end of the promotion, whichever occurs first.
The Seller is interested in informing the Buyer as accurately as possible about the actual amount of discounts on goods/services/licenses offered on its operated e-shop. The original price means the lowest price at which the Seller offered thegoods/service/license in question on its e-shop in the 30 days preceding the 1st day of the given calendar month, without takinginto account all possible bonuses, marketing campaigns to promote sales and other discount campaigns or price benefits. In addition, if the goods/services are included in a discount campaign with separate campaign conditions in which the discount isprovided automatically (e.g. Black Friday, Summer Sale), then the original price is recalculated for the period of 30 daysimmediately preceding the date of inclusion of the goods/service/license in question in such a campaign.
The Seller reserves the right to declare the purchase contract invalid if there has been a misuse of personal data, misuse of a payment card, etc., or due to the intervention of an administrative or judicial authority. The Buyer will be informed of such a procedure.
Furthermore, the Seller reserves the right to declare the purchase contract invalid if there is an unauthorized use of a discount or similar voucher contrary to its terms. As a rule, these are cases where:
- the discount voucher is used for other goods for which it was intended;
- the discount voucher is used in conjunction with another discount, even though the aggregation of these discounts has notbeen expressly prohibited;
- the discount voucher is used for a purchase that does not reach the minimum set price;
- The seller finds out that the discount voucher has already been used.
The Buyer acknowledges that in the above cases the purchase contract cannot be validly established, and at the same time theBuyer acknowledges that the Seller is entitled to claim, among other things, unjust enrichment.
The Seller may offer selected products to Buyer Entrepreneurs at discounted prices. After the Buyer Entrepreneur logs in to hisuser account, he will be shown discounted prices. Selected products for which the Seller provides a discounted price are speciallymarked in the offer on the e-shop.
- ORDERING
Orders can be made in the following ways:
- in person at the Seller’s premises;
- via the Seller’s e-commerce (hereinafter referred to as the “E-shop”);
- by telephone
Orders directly to one of our branches can be made at any time within the opening hours of that branch. All telephone orders forgoods can be made through the phone numbers published on the www.miramat.sk website
The Seller recommends the Buyer to place orders through the e-shop through the Buyer’s registered profile on thewww.miramat.sk. In the case of public access to the Internet, it also recommends the Buyer to log out of their profile after placingan order.
The buyer will be informed about the estimated delivery time of the ordered goods via e-mail. The delivery time of the orderedgoods and the price of shipping depend on the shipping method that the Buyer chooses in the second step of the order within hiscart. The Buyer acknowledges that the estimated delivery time may change depending on the logistical capabilities of the Sellerand/or its carriers, of which the Seller will inform the Buyer without delay.
- WITHDRAWAL FROM THE CONTRACT
The Seller recommends the Buyer to back up this data before withdrawing from the contract regarding the device or device on which he has his personal data, and then delete it from this device.
- Withdrawal from the contract by a buyer who is a consumer
The consumer has the right to withdraw from the contract within 14 days. The time limit referred to in the first sentence shallrun from the date of conclusion of the contract in the case of:
- the purchase contract, from the date of receipt of the goods;
- a contract which has as its object several types of goods or the supply of several parts, from the date of receipt of thelast delivery of goods; or
- a contract which has as its object the regular repeated supply of goods, from the date of receipt of the first supply of goods.
The Seller allows the Consumer to withdraw by means of a completed and sent sample withdrawal form on the Seller’swebsite, so that the Seller confirms its receipt to the Consumer without undue delay in text form.
Withdrawal and send the goods to:
ES-RD 5 s.r.o., Špitálska 55, 811 08 Bratislava
A form is available on the website that can be used to withdraw from the Contract – www.miramat.sk
The consumer buyer should return the goods no later than 14 days from the date of withdrawal from the contract complete, with complete documentation, undamaged, clean, if possible including the original packaging, in the condition and value in which he received the goods. In the event of withdrawal, when the subject of the purchase is a device with a fuel tank, the tank must be empty at the time of handing over the goods by the buyer.
The consumer buyer is liable to the Seller only for the decrease in the value of the goods that occurred as a result of thehandling of these goods differently than is necessary with regard to their nature and properties.
In the case of reimbursement of the credit note in cash, the Seller may require the presentation of an identification card (ID card or passport) in order to prevent damage and prevent the legalization of income from criminal activities. Without providingany of these documents, the Seller may refuse to pay the funds. If the Buyer Consumer withdraws from the Contract, the Sellershall return to the Buyer without undue delay, no later than 14 days from the withdrawal from the Contract, all funds receivedfrom the Buyer under the Contract in the same manner. If the Seller is entitled to compensation for the decrease in the value of the goods, this will be offset against the Buyer’s claim for a refund of the purchase price.
In the event that the Buyer Consumer has a complete registration (filled in name, surname, address and contact email in thecustomer profile on the www.miramat.sk, the Seller may, at the Buyer’s request, refund the funds received, except for the costsof delivery of goods in the form of special gift vouchers (credit), which can be used under the terms and conditions of theCredit service.
However, if the Buyer Consumer withdraws from the contract, the Seller is not obliged to return the received funds to theConsumer before the Consumer Buyer hands over the goods to the Seller or proves that he has sent the goods to the Seller. Theconsumer buyer is obliged to return the goods to the Seller without undue delay after withdrawal from the contract, but no laterthan within 14 days.
The Buyer acknowledges the fact that if gifts are provided with the goods, the gift agreement between the Seller and the Buyeris concluded with the condition that if the right to withdraw from the Purchase Contract is exercised within 14 days, the GiftAgreement loses its effectiveness and the Consumer is obliged to return the related gifts including everything providedtogether with the returned goods, what he enriched himself with. In the event that these gifts are not returned, these values willbe understood as unjust enrichment of the Consumer Buyer. If the release of the object of unjust enrichment is not possible, theSeller is entitled to monetary compensation in the amount of the usual price. In the event of withdrawal from the donationagreement, the purchase contract does not expire and the contracts are assessed separately from this point of view.
The consumer acknowledges that if he withdraws from the contract, he will bear the costs of returning the goods to the sellerand, if he withdraws from the distance contract, also the costs of returning the goods, which, due to their nature, cannot bereturned by post.
- Withdrawal from the contract by the entrepreneur and in other cases
The Seller may be allowed by the Seller to withdraw from the purchase contract within 14 days.
If the Buyer is allowed to withdraw from the purchase contract, then the Buyer acknowledges that the refunded purchase pricemay be reduced by what the value of the goods has decreased.
If the Buyer is allowed to withdraw from the purchase contract within fourteen days and the return of the goods is not in theoriginal packaging, including all its parts and accessories, the Buyer acknowledges that the Seller reserves the right to chargefor such return in such an amount that will compensate the Seller for the costs that are necessary to re-introduce the goods to the sale.
Compensation for the decrease in the value of the goods or the reimbursement of the costs of re-putting the goods for sale willbe included in the refunded purchase price to the Buyer entrepreneur. The buying entrepreneur cannot withdraw from thecontract due to the occurrence of a defect, nor demand the delivery of a new item if he cannot return the item in the conditionin which he received it. This does not apply:
- if there has been a change in the condition as a result of an inspection to determine the defect of the item;
- if the Buyer used the item before the defect was discovered;
- if the Buyer has caused the impossibility of returning the item in an unchanged state by his act or omission, or
- if the Buyer sold the item before the defect was discovered, if he used it up, or if he changed the item in normal use, if ithappened only partially and the Seller allows the Buyer entrepreneur to withdraw from the contract, the Buyer willreturn to the Seller what he can still return and give compensation in the amount in which he benefited from the use of the item.
- If the Buyer entrepreneur did not notify the defect of the item in time, he loses the right to withdraw from the contract.
In order to protect the buyer’s rights, if the buyer is a legal entity and will request a refund by reimbursing the credit note directly at the store, the relevant amount will be paid only to persons authorized to act on behalf of the legal entity in question, i.e. to the statutory body, to a person who proves an officially verified power of attorney, or to a person who islisted as an “administrator” in the buyer’s profile on the website www.miramat.sk
- Withdrawal from the contract by the Seller in the event of an error in the price of the goods
Except in cases provided for by law, the Seller is entitled to withdraw from the contract in the event of an obvious defect in the price of the goods. It is possible to withdraw from the contract under this point within 14 days from the day following theday of concluding the purchase contract between the Buyer and the Seller by the Seller cancelling the order to the Buyer or otherwise informing the Buyer that he is withdrawing from the contract.
If the Buyer has paid at least part of the purchase price of the goods, we will transfer this amount back to his bank account no later than 14 days from the day following the day of withdrawal from the contract by the Seller.
- PAYMENT TERMS
The goods remain in the possession of the Seller until the purchase price is paid in full, but the risk of damage to the propertypasses when the goods are taken over by the Buyer. The Seller reserves the right to offer the Buyer only selected paymentmethods at its sole discretion.
According to Act No. 289/2008 Coll. on the use of electronic cash registers, as amended, the Seller is obliged to issue a cash receipt to the Buyer and at the same time is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 96 hours at the latest.
The buyer’s billing information cannot be changed after the order has been shipped. In the case of payment by payment card at a branch, the Buyer is obliged to protect the data on his payment card and cover his PIN code.
Refund
In the event that the Buyer withdraws from the concluded contract with the Seller or if the Buyer is refunded for any other reason, the Seller shall return to the Buyer the funds received from the Buyer under the contract in the same way. The Buyer isresponsible for the correctness of the data for the refund provided to the Seller in the event that the funds cannot be returned in thesame way as the payment for the order was made (e.g. the customer paid in cash at the store or courier, the customer’s paymentcard has expired and the Seller does not have other payment details of the Buyer) or in the event that the when the Seller, in itssole discretion, complies with Buyer’s request to change the method of refund.
- DELIVERY CONDITIONS
- Delivery methods
The seller arranges or mediates various methods of delivery/transport according to the current availability of individualservices and with regard to capacity and arrival possibilities. In the event of force majeure or a failure of the Seller’sinformation system, the Seller shall not be liable for the delayed delivery of the goods.
- Other conditions
In the case of picking up an order that has been paid in advance via the Internet, the Seller or its contractual partner mayrequire the presentation of an identification card (ID card or passport) in order to prevent damage and prevent the legalizationof proceeds of crime. Without providing some of these documents, the Seller or its contractual partner may refuse to releasethe goods. This authorisation arises from the provisions of Section 415 of the Civil Code, which sets out the duty of prevention and prudence.
The buyer is obliged to check the status of the shipment (number of packages, integrity of the tape with the company logo, damage to the box) according to the attached consignment note immediately upon receipt of the goods. The buyer is entitledto refuse to accept a shipment that is not in accordance with the purchase contract because the shipment is, for example, incomplete or damaged. If the buyer takes over such a damaged shipment from the carrier, it is necessary to describe thedamage in the carrier’s handover protocol. An incomplete or damaged shipment must be immediately reported by e-mail to the address [email protected], a damage report must be drawn up with the carrier and sent to the seller by e-mail, fax or post without undue delay. Additional complaints about incompleteness or external damage to the shipment do not deprive thebuyer of the right to complain about the item, but they give the seller the opportunity to prove that it is not a contradictionwith the purchase contract.
- CLAIM
The customer is entitled to complain about the defective provision of goods.
E-mail to the Complaints Department: [email protected]
Telephone number for the complaints department: +421911907127
The seller is responsible for defects that the goods have when they are received by the buyer. In the case of used items, he is notresponsible for defects caused by their use or wear and tear. In the case of items sold at a lower price, he is not liable for thedefect for which the lower price was agreed. If it is not perishable or used items, the seller is responsible for defects that occurafter receiving the item during the warranty period (warranty).
The warranty period for new goods is 24 months, which runs from the receipt of the goods by the buyer. The warranty periodfor used goods is 12 months. The warranty period for services (repair or modification of the item) is 3 months. The warrantyperiod for making a custom-made item is 24 months. If the period for use is marked on the item being sold, its packaging or theinstructions attached to it, the warranty period will not end before the expiry of this period.
The warranty period for a non-consumer buyer is 24 months.
If a replacement occurs, the warranty period will begin to run again from the receipt of the new item. The same applies if a part under warranty is replaced.
Handling of a complaint means the completion of the complaint procedure by handing over the repaired product, replacing theproduct, returning the purchase price of the product, paying an appropriate discount on the price of the product, a written requestto take over the performance or its justified rejection.
When filing a complaint, the Seller shall determine the method of handling the complaint immediately or, in complex cases, no later than 3 working days from the date of filing the complaint, in justified cases, especially if a complex technical assessment of the condition of the product or service is required, no later than 30 days from the date of filing the complaint. Once the methodof handling the complaint has been determined, the complaint will be handled immediately, in justified cases the complaint mayalso be handled later; However, the settlement of the complaint must not take longer than 30 days from the date of filing thecomplaint. After the expiry of the deadline for handling the complaint, the buyer has the right to withdraw from the contract or has the right to exchange the product for a new product.
The warranty does not cover defects caused by:
- mechanical damage to the goods caused by the buyer after receiving the product,
- using the goods contrary to the manufacturer’s instructions,
- using the goods in conditions that do not correspond to the environment for which the goods are intended,
- improper intervention in the use or neglect of care and maintenance of goods,
- excessive loading contrary to the conditions specified in the documentation for the goods, general principles, technicalstandards or safety regulations in force in the Slovak Republic,
- when transporting the product after receipt by the buyer,
- water, fire, static or atmospheric electricity or other force majeure,
- the use of components other than those used by the manufacturer, supplier or retailer;
- repair or modification of goods by persons who are not authorized to carry out warranty repairs,
- wear and tear characteristic of the material or use.
If the buyer claims the above defects, the complaint may be reasonably rejected.
Other conditions of the complaint, the complaint process and other facts are specified in the Complaints Procedure.
- ALTERNATIVE DISPUTE RESOLUTION
The Buyer – Consumer – has the right to contact the Seller with a request for redress by e-mail to [email protected] if he is notsatisfied with the way in which the Seller handled his complaint or if he believes that the Seller has violated his rights. If theseller responds to this request in the negative or does not respond to it within 30 days of its submission, the consumer has theright to file a motion to initiate an alternative dispute resolution to an alternative dispute resolution entity (hereinafter referred to as the ADR entity) pursuant to Act 391/2015 Coll. ADR entities are authorities and authorized legal entities pursuant to Section3 of Act 391/2015 Coll. The consumer may submit the application in the manner determined pursuant to Section 12 of Act No. 391/2015 Coll. A consumer can also lodge a complaint through the ODR platform, which is available on https://ec.europa.eu/info/policies/consumers_en. Alternative dispute resolution may only be used by a consumer who is a natural person who does not act within the scope of his business, employment or profession when concluding and performing a consumer contract. Alternative dispute resolution only concerns a dispute between a consumer and a seller arising out of or in connection with a consumer contract. Alternative dispute resolution only concerns contracts concluded at a distance. Alternativedispute resolution does not apply to disputes where the value of the dispute does not exceed €20. The ADR entity may requirethe consumer to pay a fee for initiating an alternative dispute resolution up to a maximum of €5 including VAT.
- FINAL PROVISIONS
If any provision of the Contract or these GTC is considered invalid, ineffective, illegal or unenforceable by the ContractingParties (unanimously), court or other competent authorities, then such provision shall be invalid only to the extent affected and to the narrowest extent possible, while its remaining part, meaning and effects as well as the other provisions of thisAgreement/Agreement shall remain in force and this Agreement/Agreement shall be construed in such a way, as if the invalid, illegal, ineffective or unenforceable provision had never been contained therein. Those provisions which have been held to beunenforceable, unlawful, ineffective or void shall be renegotiated and replaced by the parties in good faith in support of theoriginal intent and purpose pursued by both parties by such provisions that the parties could have been presumed to have appliedif they had known of the invalidity, illegality, ineffectiveness or unenforceability of the superseding provisions.
In the event that the Buyer is a natural person who is a consumer, legal relations with the Seller shall be governed by these GTC and legal relationships not regulated by these GTC or provisions that are contrary to the Civil Code shall be governedexclusively by the Civil Code and applicable and legal regulations relating to consumer protection.
In the event of a dispute between the seller and the buyer regarding the handling of the complaint, the buyer as a consumer has the right to an alternative dispute resolution. The consumer has the option of contacting the seller for redress. If the seller doesnot respond to this request within 30 days from the date of dispatch or responds to it in the negative, the consumer may contactthe relevant entity with a proposal to initiate ADR. A list of ADR entities is published on https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1?csrt=8516091464579387815 or www.ec.europa.eu HYPERLINK “http://www.ec.europa.eu” . On these pages you willfind all the available information. At the same time, on the website of the Ministry of Economy of the Slovak Republic, you canfind all available information in the consumer protection section. Seller’s email address: [email protected]
These GTC are valid and effective from 1.12.2024.
The Seller reserves the right to unilaterally amend these GTC, which are available at the Seller’s registered office and premisesor electronically at the www.miramat.sk
Deviating provisions in the contract shall take precedence over the wording of these GTC.
Delivery: An order or other documents under these GTC shall be deemed to have been delivered to the other Contracting Party:
(a) in the case of the use of a fax on the day of dispatch, if the sending technical equipment confirms the error-free transmission; b) when using an e-mail on the day of sending, if the message has not been returned as undelivered;
(c) in the case of personal handover at the moment of receipt or rejection;
d) When sent by post or courier service to the address specified in the relevant register on the day on which it is received by theaddressee or when it is returned by the server to the sender as unsolicited within the collection (storage) period or with the note addressee unknown, addressee not reached, or with another note of similar meaning.
Before placing an order, the Buyer declares that he/she has become familiar with these GTC and accedes to them.
