General Terms and Conditions
1. General Provisions
Seller: Levice invest, s. r. o.
Registered Office: Stromová 13
Bratislava – borough of Nové Mesto 831 01
Contact: +421 903 200 161
E-mail: info@o-cool.eu
IBAN: SK 32 1111 0000 0010 6672 4057
Managing Director: Ing. Adam Hajdu
Buyer:
The Buyer is a natural or legal person who has entered into a business relationship with the Seller as a customer of the products from the Seller through the online store www.o-cool.eu. By confirming the binding order, the Buyer confirms that he/she accepts the General Terms and Conditions for the delivery of goods as declared by the Seller. Relationship between the Buyer and the Seller is governed by these terms and conditions, which are also binding on both parties.
2. Ordering
You can shop through the online store in the following manner.
In a section of the online shop the Buyer selects the number of the items or packages he/she wants to order. Subsequently, they choose the delivery method for the goods and payment and fill in the contact details and the delivery address. After a valid order confirmation, you will receive a confirmation of receipt of an order with a summary of the ordered goods immediately to the e-mail address you provided. You can also order goods by e-mail at info@o-cool.eu. The message must state the name of the goods, the quantity ordered, the contact details and the delivery address. In case you do not receive an automatically generated confirmation e-mail after submitting your order, please contact us at the info@o-cool.eu.
3. Cancellation of the Order
The order can be cancelled by e-mail at info@o-cool.eu within 24 hours of the order without giving any reason.
4. Prices, Receipt of Goods and Payments
Prices are specified in euros. The specified prices for goods are final, including 20% VAT. You can pay the price for the ordered goods through the PayPal payment system, payment cards, Apple Pay, Google Pay, transfer or deposit on behalf of our company. We deliver your merchandise through a courier. Our company does not charge for packaging. Each package is accompanied by a user manual and invoice – a tax document, which serves as a delivery and warranty card.
5. Warranty and Complaints
The complaint rules of the online shop is processed according to the Civil Code as amended (hereinafter the “Civil Code”) and applies to consumer goods (“the goods”), in which the Buyer’s rights with responsibility for defects are applied in the warranty period (hereinafter referred to as “complaint”). A warranty is related to the goods according to Act No. 102/2014 on consumer protection in the sale of goods or provision of services on the basis of a remote contract or contract concluded outside the premises of the Seller and on the amendment and supplement of certain laws, as amended.
The Buyer undertakes to inspect the goods on their takeover in order to identify any defects and damage. In case of damage to the PVC packaging of the goods, it is necessary to return the goods immediately to the courier and to write a protocol. We recommend taking pictures of the damaged goods. Then send a copy of the protocol along with the photo via e-mail to info@o-cool.eu.
6. Return and Replacement of Goods
According to Section 7 and following the Act, the consumer has the right to withdraw from the purchase contract within 14 calendar days from the date of receipt of the goods. The consumer is obliged to deliver the written withdrawal from the purchase contract no later than the last day of the specified deadline to the contact address of the Seller or to handover the withdrawal for postal transport no later than the last day of the deadline to the address specified in the contacts. The consumer is required to send or deliver the subject of the contract without delay after the notice of withdrawal from the contract, from which he/she withdraws with all the documentation – the original invoice, instructions and other documentation relating to the goods delivered to him/her with the goods, but no later than 14 days after the date of withdrawal (Section 10, Par. 1 of the Act). We advise Buyers to make a copy of the invoice for their own use and send the goods as recommended and as an insured shipment. Do not send us goods via cash on delivery, such goods will not be taken over. The online shop operator returns the paid service for the goods/service, including the value of the cheapest regular method of delivery as well as the demonstrable costs for the ordering of goods within 14 days of the delivery day of the withdrawal from the contract, but does not return the money before the goods are delivered or the consumer does not prove the sending of the goods; this does not apply if the Seller has suggested that he/she will pick up the goods him/herself. The costs for the return of the goods are borne by the consumer. This right of withdrawal according to Section 7, Par. 6 of the Act does not apply, for example, to goods that have been manufactured to the specific requirements of the consumer or which, due to their properties, cannot be returned or goods that are perishable or deteriorated goods, as well as for the sale of newspapers, magazines, periodicals, books and audio-visual work, sound recordings or audio-visual recordings of artistic performances or multimedia work the consumer has unpacked or even goods that have been enclosed in a protective packaging unsuitable for return due to health or hygiene reasons. In order to determine the nature, characteristics and functionality of the goods, the consumer must handle and check the goods only in such a manner as allowed him/her in a regular shop, which presumes the obligation to return goods with original packaging, labels and so on. The consumer shall bear any reduction in the value of the goods caused by its use beyond what is necessary to establish the functionality and properties of the goods.
7. Basic Conditions of Complaints
When making a complaint, the customer is required to provide proof of purchase or the warranty. If the goods show obvious defects, i.e. especially if the goods are sold to the Buyer in a damaged shipping package, the Buyer is not entitled to take over the goods. In such a case, the Buyer retains the right to provide the Seller with proper fulfilment or a refund of the purchase price according to the Buyer’s choice. In the event of a defect in the warranty period, the Buyer may make a complaint. The duration of the warranty period is governed by the applicable provisions of the Civil Code and the Act, lasting 24 months, with exceptions stipulated by law, and begins to run on the date of receipt of the goods by the Buyer. The Buyer is entitled to withdraw from the contract in the cases provided by the Civil Code and the Act. In the case of withdrawal from the contract, the contract is terminated from the outset and the Contracting Parties are obliged to return everything they have provided on the basis of the contract. If the manufacturing defect occurs during the warranty period, the Customer has the right to make a complaint about this defect. A manufacturing defect means a change (property, functionality) of goods, the cause of which is the use of inappropriate or poor quality material, non-compliance with technology, or inappropriate technology, or inappropriate constructional design. A defect cannot be considered a change (property) of the goods that arose during the warranty period due to the natural changes of the materials from which the goods are manufactured, as a result of any damage by the user or third party or other improper use. If the customer assumes the right of responsibility for defects of the sold goods in a proper manner, an authorized employee is obliged to decide on the complaint immediately, within three working days in more complex cases. However, until that period, the time required to expertly assess the defect is not counted. A complaint is considered to be properly applied if the goods complained about are complete and the complaint does not hinder general principles of hygiene. The customer is obliged to submit the goods complained about in a clean state, free from all impurities and hygienically unsafe. The complaint shall be handled without undue delay, no later than 30 days after the date of filing the complaint. An authorized employee may, in justified cases, agree with the customer for a longer period. The authorized employee is required to provide the customer with a confirmation of when he/she applied the responsibility for errors, the method of handling the complaint, and how to make any repairs and how long it will last.
8. Deadline for Making a Complaint
The right of responsibility for defects must be applied in the warranty period. The complaint must be made without undue delay as soon as the defect has occurred. Any prolongation in the continued use of the goods may result in a worsening of the defect, the deterioration of the goods and may be a reason for declining the complaint. The warranty period is 24 months and begins to run from the date of taking over the goods.
9. Removable Defects
Removable defects are also considered to be defects that can be repaired without affecting the look, function, and quality of the goods.
In case of a removable defect, the customer has the right to have the defect removed free of charge, in a timely and proper manner. The Seller is obliged to remove the defects without undue delay, but no later than within 30 calendar days of the complaint. In the case of a removable defect, the customer has the right to exchange goods or to withdraw from the contract – unless the complaint was not handled within 30 days of the date of making the complaint and no other agreement was reached or the customer cannot properly use the goods because of a repeated, minimum 3x repeated occurrence, of the removable defect after repair or because of more removable defects. The repeated defect occurrence after repair is considered to be the same recurring defect, which already has been removed within warranty period for at least two times. The goods have a greater number of errors if at least three removable errors occur together at the time of filing a complaint. Removable defects are also considered to be defects that can be repaired without affecting the look, function, and quality of the goods. In case of a removable defect, the customer has the right to have the defect removed free of charge, in a timely and proper manner. The Seller is obliged to remove the defects without undue delay, but no later than within 30 calendar days of the complaint. In the case of a removable defect, the customer has the right to exchange goods or to withdraw from the contract – unless:
In the case of an unremovable defect that prevents the goods from being properly used as goods without defects, the customer has the right to request the replacement of the goods for new flawless ones (can be exchanged for any goods) or to withdraw from the purchase contract.
10. Method and Procedure for Handling Complaints
The complaint is submitted through e-mail to info@o-cool.eu.
On the date of receiving the complaint, the Seller shall issue to the Buyer a proof of receipt of the complaint about the goods, accurately identifying the defects of the goods in accordance with the provisions of Section 18, Par. 5 of the Act on Consumer Protection. After handling the complaint, the Seller informs the Buyer of the handling method agreed with the Buyer. The Seller will promptly request the Buyer, by telephone, e-mail or method otherwise agreed with the Buyer to take over the repaired goods and the complaint protocol. The claim for the warranty expires in the case of the improper installation or unprofessional commissioning of the goods into operation, as well as in the case of inappropriate handling of the goods, i.e. mainly in case of:
– violation of the protective seals and labels, if any, on the product
– use of goods in conditions that do not match the parameter specified in the goods documentation with their parameters
11.Final Provisions
In the case of any complaint, the Buyer informs the Seller of the making of the complaint and agrees on the most appropriate method of the complaint procedure.
These rules of complaint will enter into force on 11/01/2019.
Changes to the rules of complaints are reserved.
