TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS 

(hereinafter referred to as "business conditions") The seller in terms of these general purchase conditions is TAKERA a brand owned by Mr. Michal Makovec, with registered office Osloboditelov 1577/6, 066 01 Humenné, Slovakia, Company reg. ID : 44 700 792, VAT registration: SK1081141457 (hereinafter referred to as "seller"). Account number for non-cash payments: FIO Bank, branch banky, as account number: IBAN: SK4083300000002900579897 BIC (SWIFT): FIOZSKBAXXX

I. Order

1. The buyer orders the seller's products and services through our website www.takera.sk, in writing by e-mail info@takera.sk.sk, or by phone at +421 948 520 509.

2. When ordering via the Internet, please provide the following information:

• If you are purchasing as a consumer, i.e. as a natural person who does not act when concluding a contract at a distance within the scope of his business activity, employment or profession, please enter your first and last name, address. Enter your phone number and e-mail at the same time.

• If you are purchasing in connection with your business activity, please also state the business name, ID number, VAT number and place of business or headquarters (an order via the e-shop meets these conditions automatically).

3. After sending the order, your order will be processed and a confirmation of receipt of the order will be sent to your e-mail immediately. We will agree the details of the order and the expected date of delivery of the goods to the buyer by e-mail. If necessary, all additional information regarding your order will be sent to the e-mail address you provided.

4. The consumer has the right to cancel the order free of charge, only on the day of the 1st contact between the seller and the consumer, ie on the day when the order is verified with the consumer. The order can be canceled in writing (by e-mail). The seller will also notify the consumer of the confirmation of cancellation exclusively in writing. The written form is required due to the verifiable proof of cancellation for the seller and the suspension of the processing of the order.

II. Payment terms and methods

1.You can pay for goods and services in the e-shop in the following ways:

• cash on delivery payment (you pay directly to the courier when you pick up the goods) - only for HU, PL, CZ customers
• online card payment through the Besteron payment gateway
• online payment by card or transfer through the PayPal payment gateway
• Payment by bank transfer in advance, the goods will be shipped after receipt of funds on our account

2. The seller may provide the buyer with discount options

• discount on the price for registration in the e-shop
• discount for repeated purchases
• discount based on a one-time discount coupon

III. Delivery times

1. The seller is obliged to fulfill the order and deliver the goods to the buyer within 30 days at the latest. However, we usually ship the goods within 3 working days. We deliver the goods on working days from 9:00 a.m. to 6:00 p.m. We will inform you by e-mail about the exact day of the shipment and the delivery of the goods.

2. Place of collection, or of sending the goods is determined by the buyer when ordering the goods. The acceptance of the goods by the buyer is considered to be the fulfillment of the order. Transport to the delivery address is provided by the seller. The shipment of goods always contains a tax document (proof of purchase of goods) and instructions for use, or a warranty card.

3. The seller is not responsible for the delayed delivery of the goods caused by the courier service, or by giving the wrong address of the buyer. The buyer is obliged to thoroughly check the goods when taking them over from the transporter/courier and to confirm the receipt of the goods with his signature on the receipt of the goods.

IV. Price, payment terms and shipping

1. The price of the product is determined by the seller's price list. The prices listed in the price list may be subject to change without prior notice. The seller reserves the right to change prices following price changes by manufacturers, importers, etc. The valid price of the product will always be announced when the order is verified.

2. The consumer pays the payment in cash, cash on delivery, transfer/deposit to the seller's account, or by payment card.

3. When handing over the product, the consumer pays the price for the product + possibly shipping and cash on delivery.

4. The method of transport is chosen by the consumer himself through the order form in the e-shop or with another method of communication. The consumer can choose the method of transport, namely: a) by courier (forwarding service)  b) delivery to one of the collection points of partner carriers

5. The amount of transport costs will always be notified to the consumer when verifying the order, or the seller will recommend a cheaper transport option to the consumer.

V. Taking over the goods

1. The consumer undertakes to take delivery of the goods at the agreed date at the address indicated on the order.

2. When receiving the product, the consumer is obliged to check the physical integrity and completeness of the shipment. If the shipment is visibly damaged and destroyed, the consumer is obliged to immediately contact the seller without taking delivery of the shipment and write a Record of damage to the shipment with the shipping company. Any later claims for quantity and physical damage to the product will not be accepted.

3. The consumer acquires ownership rights to the products only by paying the full price and other 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 is in possession of the product, the consumer has all the obligations of the custodian of the thing and is obliged to store the products and services safely at his own expense and mark them so that they are identifiable as the seller's product under all circumstances.

4. The seller is entitled to demand the fulfillment 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.

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

VI. Withdrawal from the contract

1. The seller is entitled to withdraw from the contract due to sold-out stocks, unavailability of goods, or if the manufacturer, importer or supplier of the goods agreed in the contract stopped production or made such serious changes that made it impossible to fulfill the seller's obligations arising from the contract or for reasons of force majeure, or if, even after making all the efforts that can be fairly required of him, he is unable to deliver the goods to the buyer within the period determined by these general terms and conditions or at the price indicated in the online store. The seller is obliged to immediately inform the buyer about this fact and to return to him the deposit already paid for the goods agreed in the contract within 14 days from the notification of withdrawal from the contract by transfer to the account designated by the buyer.

2. The buyer is entitled to withdraw from the contract within 14 days from the day of receiving the goods, even without giving a reason. Within this period, the buyer has the right to unpack and test the goods in a similar way as is usual when buying in a classic "brick and mortar" store. However, testing does not mean starting to use the product and then returning it to the seller. The buyer can exercise the right to withdraw from the contract with the seller in written form or by email at the address info@saris-autonosice.sk in a way that leaves no doubt that the contract has been withdrawn. If you decide this way, send us together with the goods a signed written statement of withdrawal from the contract stating your name and surname, your address, order number, order date and account number for financial settlement.

3. Send the goods together with the proof of purchase no later than 14 days from the date of withdrawal from the contract by mail to the address Michal Makovec, Osloboditelľov 1577/6, 066 01 Humenné. By withdrawing from the contract, the buyer is obliged to deliver the goods to the seller complete, including complete documentation, undamaged, in the original packaging and unused. It is recommended to insure the goods. The seller does not accept cash on delivery shipments. After a valid withdrawal from the contract, the seller will return to the buyer all payments that the buyer has demonstrably made in connection with the conclusion of the purchase contract, especially the purchase price. Payments will be returned to the buyer within 14 calendar days from the day the seller receives the buyer's notice of withdrawal from the purchase contract. The product is not returned for cash on delivery. The product sent in this way will not be accepted and will be returned. In compliance with the above obligations of the consumer, the seller will take back the goods and within 14 days from the date of withdrawal from the contract, the price paid for the product or for the service or the advance payment that the consumer paid for the product or service will be returned to the consumer in a pre-agreed manner.

4. In the event that the buyer withdraws from the contract and delivers goods to the seller that are used and damaged or incomplete, or the value of the goods in question is reduced as a result of such handling of the goods that is beyond the scope of handling necessary to determine the properties and functionality of the goods, he has the seller has a claim against the buyer for damages in the amount of the value of repairing the goods and returning the goods to their original state or the seller has the right to demand from the buyer reimbursement of the reduction in the value of the goods, and the buyer is informed of this fact.

Instructions on exercising the right to withdraw from the contract and forms

VII. Complaints procedure, warranty, service

1. General provisions and definition of terms

a. This complaint procedure was prepared in accordance with the Civil Code, as amended (hereinafter referred to as the "Law") and applies to consumer goods (hereinafter referred to as the "Goods"), for which the buyer's rights regarding liability for defects are applied during the warranty period (hereinafter referred to as " Complaints").

b. "Seller" is TAKERA, registered with Michal Makovec, Osloboditelov 1577/6, 06601 Humenné, Company registration ID: 44 700 792 "Buyer" is: a consumer (a person who purchases goods for personal use or for the needs of members of his household) and a natural and/or legal entity a person - an entrepreneur who concluded a contract with the seller on the purchase of goods.

c. Natural and legal persons - entrepreneurs take note that the terms of the guarantee (especially the warranty period) may be different from the terms of the guarantee for consumers and the relations between the Seller and the Buyer - the entrepreneur are regulated by the Commercial Code.

2. Warranty conditions

1. If the goods show obvious defects, ie especially if the goods are sold to the Buyer in damaged transport packaging, the Buyer is entitled not to accept the goods. In such a case, the Buyer's right to provide proper performance by the Seller or to return the purchase price according to the Buyer's choice remains preserved.

2. In the event that product defects occur during the warranty period after the Goods have been received by the Buyer, the Buyer may file a Complaint.

3. The length of the warranty period is governed by the applicable provisions of the Act, i.e. it lasts 24 months, with exceptions provided by the Act. The warranty period begins on the day of receipt of the goods by the buyer.

In case the claimed goods are delivered by post or courier, the responsible person will take over the goods, check the shipment, documentation (invoice, cash register, packaging), the decisive date for the expiry of the claim is the date of receipt from the courier or postman. The seller does not accept the goods sent on cash on delivery; we recommend insuring the goods.

1 The buyer is entitled to withdraw from the contract in all cases stipulated by law. Withdrawal is effective against the Seller from the moment the Buyer's written declaration of withdrawal from the contract is delivered to him. In case of withdrawal from the contract, the contract is canceled from the beginning and the contracting parties are obliged to return everything they have provided on the basis of it.

2. In the event of a complaint, the Seller is not responsible for the loss of data, or for damage caused by the loss of data stored in the device. The buyer is obliged to back up the data himself before making a claim.

3. Instruction on the seller's responsibility for product defects

If it is a defect that can be removed, the consumer - buyer has the right to have it removed free of charge, on time and properly. The seller is obliged to remove the defect without undue delay. The consumer - the buyer can request the replacement of the item instead of removing the defect, or if the defect concerns only a part of the item, the replacement of the part, if this does not result in unreasonable costs for the seller considering the price of the goods or the severity of the defect. The seller can always replace the defective item with a non-defective item instead of removing the defect, if this does not cause serious difficulties for the consumer - the buyer.

If it is a defect that cannot be removed and which prevents the thing from being properly used as a thing without a defect, the consumer - buyer has the right to exchange the thing or has the right to withdraw from the contract. The same rights belong to the consumer - buyer, if the defects can be removed, but if the consumer - buyer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects. If there are other non-removable defects, the consumer - buyer has the right to a reasonable discount from the price of the item.

The seller informed the consumer - the buyer about his rights, which arise from para. § 622 of the Civil Code (item a. of this article) and the rights that arise from section § 623 of the Civil Code (point b. of this article) by placing this Complaints Policy on the relevant page of the Seller's electronic store and the consumer - the buyer had the opportunity to read it before sending the order.

4. Complaint handling

Complaints are made by sending a notification in writing by e-mail and sending the goods by post to the address Michal Makovec, Osloboditelų 1577/6, 066 01 Humenné

Together with the goods, we recommend that you submit a copy of the document confirming the purchase of the goods (invoice) and a completed claim form for faster processing of the claim.

Complaints, including the removal of the malfunction, must be dealt with without undue delay, in justified cases no later than 30 days from the date of application of the Complaint. After the expiration of this period, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.

In a situation where the goods need to be sent to the seller or service center, the buyer acts in such a way that the goods are packed in a suitable package that sufficiently protects the goods and meets the requirements for transporting the goods.

In the case of transporting fragile goods, we recommend marking the shipment with the appropriate symbols. In case the claimed goods are delivered by post or courier, the responsible person will take over the goods, check the shipment, documentation (invoice, cash register, packaging), the decisive date for the expiry of the claim is the date of receipt from the courier or postman.

The responsible person is fully responsible for monitoring the expiration of the claim period in accordance with the relevant provision of Act no. 250/2007 Coll. on consumer protection and the Civil Code and contacting the customer without delay about handling the complaint within the statutory deadline in the form of e-mail.

The right to claim the warranty expires in the case of unprofessional assembly or unprofessional commissioning of the Goods, as well as in the event of unprofessional handling of the Goods, i.e. especially in the case of:

violation of protective seals and stickers, if there are any on the product

use of the Goods in conditions whose parameters do not correspond to the parameters specified in the documentation for the Goods

5. Final provisions

In case of any Complaint, the Buyer informs the Seller about the claim and agrees with him on the most suitable form of complaint procedure. If you are not able to settle the dispute with us, you can submit your complaint to the EU´s online dispute resolution platform ("ODR platform"). This platform offers consumers and traders within the EU the possibility to try and reach out of court settlement for complains arising from online purchases. This single entry point is designed to be a user - friendly and interactive website, available in all EU official languages and free of charge. The ODR platform is available here: http://ec.europa.eu/odr

VIII. Final provisions

1. These general terms and conditions become effective for the buyer upon sending the electronic order to the buyer. By sending the order, the buyer confirms that he has read these general terms and conditions and agrees with them in their entirety.

2. The seller reserves the right to change these general purchase conditions. The obligation of written notification of changes to the general purchase conditions is fulfilled by posting them on the website www.takera.sk.

3. The relevant provisions of the Civil Code, Act no. 22/2004 Coll. on electronic commerce and on the amendment of Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on the amendment of certain laws as amended by Act no. 284/2002 Coll., as amended, and Act No. 102/2014 Coll. on consumer protection in distance selling.