These General Terms and Conditions have been formulated and established in good faith, in order to comply with the legal conditions and to regulate fair business relations between the Seller and the Consumer.

I. Introductory provisions and definitions

1.1. These Terms and Conditions (hereinafter referred to as “T&C”) govern the legal relations between the company Spinergo a.s. with registered office at Plzenská 2, 080 01 Prešov, ID No.: 44 933 151 (hereinafter referred to as “Seller”) and the Buyer (hereinafter referred to as “Consumer”), as well as all legal relations arising in connection with the proceedings aimed at concluding a distance contract between the Seller and the Buyer.

1.2. A distance contract is a contract concluded between the seller and the consumer for the mail order sale of goods, exclusively by means of communication such as addressed letter, addressed printed matter, unaddressed printed matter, offer catalogue, advertisement in the press with an order form, telephone, electronic mail or electronic form provided on the website www.spinergo.sk. These methods of communication as set out in this clause constitute a proposal by the Seller to the Buyer to enter into a contract.

1.3. Seller will contact each interested buyer by telephone to accept the offer. For each acceptance of the proposal, the consumer must indicate his name and surname, postal and billing address, telephone number, e-mail; for natural persons and legal entities that are entrepreneurs, also the ID number, VAT number, VAT number, the name of the goods (hereinafter also referred to as the “product”), the description of the goods, the number of pieces, the date of issuance of the acceptance. These data will be in accordance with Act No. 122/2013 Coll. On the protection of personal data will be used only within the framework of the business relationship between the seller and the consumer and will not be disclosed to a third party (with the exception of the person
arranging the transport of the goods).

1.4. The contract between the Seller and the Buyer is concluded by the valid acceptance of the proposal according to point 1.3, in this process the Seller verifies the order (hereinafter also referred to as “acceptance”), the method of transport and notifies the possible delivery time or collection date, the final price and the method of payment.

II. Method of price determination and payment.
2.1. The total price consists of the price of the goods and the price of the freight.
2.2. The price of the goods is determined by the Seller’s price list, which is set out in the contract proposal. The prices stated in the price list may be subject to change due to changes in the prices of manufacturers, importers, etc. The valid price of the goods will always be communicated when contacting the Buyer by telephone.
2.3. The Consumer shall pay the price of the goods in cash, cash on delivery, transfer/deposit to the Seller’s account.
2.4. When handing over the goods, the consumer shall pay the price of transport or the price of cash on delivery, as the case may be.

III. Method of transport and delivery times
3.1. The consumer can choose the method of transport of the goods: own transport, transport of the seller (EUR/km) or courier (forwarding service).

3.2. The price of transport is set according to the price list of the company performing the transport. The amount of the shipping costs will always be communicated to the consumer when verifying the order, or the seller will recommend a cheaper shipping option to the consumer.

3.3. Delivery times vary for different types of goods. The delivery date will always be communicated to the consumer when verifying acceptance by telephone. Generally, the delivery or collection date is between 7 and 30 days from the date of verification of acceptance.

3.4. In exceptional cases, when certain types of goods are not in stock, the delivery time may be longer. The seller shall always notify the consumer by telephone of any extension of time.

IV. Acceptance of the goods by the consumer
4.1. The consumer undertakes to accept the goods at the agreed date at the address indicated on the order (in the acceptance).

4.2. Upon receipt of the product, the consumer is obliged to check the physical integrity and completeness of the shipment. If the consignment is visibly damaged and destroyed, the consumer is obliged to contact the seller immediately without taking delivery of the consignment and to draw up a “Consignment Damage Record” with the forwarding company. Any subsequent claims for quantity and physical damage to the product will not be accepted.

4.3. The consumer acquires the ownership rights to the products only upon payment of the full price and other monetary amounts agreed in the distance purchase contract to the seller’s account. Until the transfer of ownership rights from the seller to the consumer who has possession of the product, the consumer has all the obligations of a bailee and is obliged to store the goods securely at his own expense and to mark them in such a way that they are at all times identifiable as the seller’s goods.

4.4. The seller is entitled to demand performance of obligations, in particular payment of the price for products and services, regardless of the fact that ownership of the product and service has not yet passed to the consumer.

4.5. The risk of damage to the products passes to the consumer at the moment of acceptance by the consumer or his proxy.

V. Withdrawal from the contract

5.1. The consumer is entitled to withdraw from the contract within 7 working days from the date of receipt of the goods without giving any reason. The withdrawal must be made in writing, must contain all the data used to identify the goods, the consumer and the seller, and must be delivered together with the product to the seller’s registered office at the consumer’s expense and responsibility within the aforementioned time limit. The cost of returning the product shall be borne by the consumer.

5.2. The product must not be damaged and when handed over to the consumer, it must contain all the necessary documents relating to the goods in question (instruction manual, warranty card, proof of acquisition, etc.), which were given to the consumer at the time of purchase. The consumer agrees and acknowledges that in this case the written form shall be understood to mean the withdrawal document signed by the consumer. The product shall not be returned on delivery. Product so sent shall not be accepted and shall be returned.

5.3. If the above obligations of the consumer are complied with, the seller shall take back the goods and return the price paid for the goods or the advance payment made by the consumer for the goods to the consumer in a prearranged manner within 15 days from the date of withdrawal from the contract.

5.4. The Seller has the right to withdraw from the contract or part of it if:
a) the product is no longer manufactured or has ceased to be manufactured,
b) the price of the supplier of the product has changed,
c) the displayed price of the product was erroneous.

5.5. The Seller shall notify the Buyer by telephone of the withdrawal from the Contract.

VI. Warranty and Service
6.1.The specific warranty and service conditions are set out in the respective warranty certificates of the selected goods, which the consumer receives upon purchase.

6.2. In general, unless otherwise stated in the warranty certificates, the warranty period is a minimum of 24 months. Only product purchased and paid for from the seller can be claimed. When making a claim, the consumer is obliged to deliver the claimed product clean, mechanically undamaged, in its original packaging, including manuals, warranty card, invoice or other proof of payment for the product to the seller. When making a claim, the consumer shall follow the instructions given in the warranty card.

6.3. The right to make a claim shall be extinguished if the defect was caused by mechanical damage to the product, operation of the product in unsuitable conditions, unprofessional assembly, non-compliance with the relevant standards by the consumer or the person who carried out the assembly for the consumer, or if the product has been tampered with by a person other than an authorised person. Defects caused by natural disasters and improper handling are also excluded from the guarantee.

6.4. In the event of a complaint, the consumer is advised to notify the seller by telephone that the product has a defect and how it has manifested itself. On the basis of this information, the consumer will be advised on how to proceed with the complaint.

VII. Final Provisions.
7.1. The Consumer declares that before accepting the proposal he/she has read these Terms and Conditions and the Complaints Procedure and that he/she agrees with them. The terms and conditions form an integral part of the contract concluded at a distance between the Seller and the Buyer.

7.2. Notwithstanding any other provisions of the contract, the seller shall not be liable to the consumer for loss of profit, loss of opportunity or any other indirect or consequential loss due to negligence, breach of contract or otherwise.

7.3. In the event that any provisions of these Terms and Conditions are found to be invalid or unenforceable, in whole or in part, the validity and enforceability of the remaining provisions and the remaining portions of the relevant provision shall remain unaffected thereby.

7.4. The Seller and the Consumer agree to fully accept distance communication – telephone, fax (including handwritten orders), electronic form of communication, in particular via electronic mail and internet as valid and binding for both parties.

7.5. The rights of the consumer in relation to the seller arising from Act No. 634/1992 Coll. on Consumer Protection, as amended, and Act No. 108/2000 Coll. on Consumer Protection in Doorstep and Mail Order Sales, as amended, remain unaffected by these terms and conditions. Legal relations and conditions not expressly regulated herein as well as any disputes arising from non-fulfilment of these conditions shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code.

7.6. Supervisory authority
Slovak Trade Inspection (SOI)
SOI Inspectorate for Prešov Region
Konštantínova 6 , 080 01 Prešov I
Department of Technical Product Inspection and Consumer Protection

7.7. These terms and conditions shall come into force and effect on the date of publication on the website www.spinergo.sk and shall replace the previous terms and conditions in their entirety.