The present General Terms of Sale (hereinafter referred to as GTS) of MB TECH BB s.r.o., the operator of an internet store, with the registered seat in Zvolenská cesta 37, 974 01 Banská Bystrica, Company Reg. No.: 36 622 524, incorporated in the Commercial Register of the District Court in Banská Bystrica, Section: Sro, file No.: 8822/S (hereinafter referred to as Seller) are relating to all relations developed at selling the goods by Seller to consumers through the Seller’s internet store. Consumers of Seller may be physical persons (hereinafter referred to as Buyer). Furthermore, these business relations are governed by Act No. 40/1964 Coll. Civil Code (hereinafter referred to as Civil Code), Act No. 250/2007 Coll. on Protection of Consumers, and on modification of Act No. 372/1990 Coll. of the Slovak National Council on Offences as amended and Act No. 102/2014 Coll. on the Protection of Consumers in Sale of Goods or Provision of Services under Remote Contracts or Contracts Executed Outside the Business Premises of the Seller (hereinafter referred to as Act on Protection of Consumers).
Application of any other terms for Buyer stated in Buyer’s orders, other documents, messages or e-mails being at variance herewith is explicitly excluded.
Buyer is expressing Buyer’s consent herewith by clicking on the respective field prior to sending the order on the Seller's website mbtech.sk. By sending the order, Buyer confirms Buyer's knowledge of the fact that submitting the order means, as its part, the Buyer’s duty to pay the price for the goods ordered.
2. Contract Conclusion – Order
The Purchase Contract, under which the sale of goods from Seller to Buyer is performed, is created upon a Buyer’s order confirmed by Seller. Buyer performs the order of goods through the electronic order form available on the Seller's website mbtech.sk The sent order becomes binding for Buyer as of the moment of being sent to Seller; however, the provision of Art. 7 (5) of Act on Protection of Consumers is not affected thereby. The order shall contain at least the following information: Buyer’s identification data in the following scope: name, surname, e-mail address, phone No., name of goods, exact specification of goods, amount of the goods ordered, exact place of delivery of goods (delivery address), means of transport, and the method of payment of the purchase price.
Seller excludes the right not to accept a Buyer’s order or to cancel an already confirmed Buyer’s order due to serious reasons (the required goods are not in stock or Seller cannot procure the goods or to deliver the goods to Buyer in the required quantity) and Buyer shall be informed thereof (via phone, in writing, via e-mail).
If Buyer is a consumer, an integral part of the purchase contract is the Information for Consumer provided to Buyer by Seller prior to concluding the purchase contract.
3. Payment Terms
Buyer shall pay the purchase price for the goods, the order of which was accepted by Seller, valid at the time of confirming the order by Seller, in a due and timely manner.
The purchase price for the goods is the price stated on the Seller’s website mbtech.sk at the selected item. The purchase price includes VAT. Costs for transporting the goods to a consumer will be added to the purchase price defined alike (hereinafter referred to as Purchase Price).
Purchase Price will be paid in cash by Buyer to Seller or transferred from Buyer’s to Seller's account at the moment of the goods takeover.
4. Terms of Delivery
Seller delivers goods by distribution or express mail order service (courier) to the Buyer’s address stated in the order.
Seller will usually deliver the goods to Buyer within 7 working days from the date of confirming the Buyer's order provided that the goods ordered by Buyer are available in the Seller’s warehouse. If the goods ordered by Buyer are not available at the Seller’s warehouse on the date of the order, Seller will inform Buyer of the date, when the goods will be delivered to Buyer. If the goods cannot be delivered to Buyer within 7 working days from the date of confirming the Buyer's order by Seller, Seller will inform Buyer thereof. If Seller is in delay with delivering the goods according to the previous clause, Buyer will be allowed to withdraw from the contract or to make an agreement for a new delivery of goods with Seller. Buyer is entitled to use the Seller’s express goods delivery service within 24 hours from the time of confirming the Buyer’s order by Seller to be charged in terms of the Seller’s price list valid at the time of confirming the Buyer’s order by Seller. If Seller is in delay with delivering the goods to Buyer and Buyer does not withdraw from the contract, Buyer will be entitled to ask Seller for using the express delivery of goods. If this is the case, Seller will be entitled to deliver such goods to Buyer using the express service at Seller’s own expense.
Delivery of goods will be completed by Seller:
upon the goods handover to Buyer at the place of delivery provided that transportation of goods was provided by Seller,
upon the goods handover to the first carrier defined by Buyer or upon sending the goods to Buyer,
upon allowing Buyer to handle with the goods in Seller’s premises within the Seller’s opening hours.
At the delivery of goods, Buyer shall duly check whether the goods delivered are correct and complete under Art. 5 hereof. Seller will not take into account any defects detectable at the goods takeover that were reported later. If Buyer fails to take over the goods delivered, Buyer shall pay Seller’s eligible costs to their full extent. If Buyer is a consumer, this provision will have no impact on the provision of Art. 10 (3) of Act on Protection of Consumers. If Buyer fails to take over the goods within 30 days from Seller’s call to do so, Seller will be entitled to withdraw from the contract. The goods takeover will be confirmed by Buyer by signing the delivery note with stating Buyer’s name and surname in a legible manner. If the delivery note is not available due to any reason, Buyer will confirm the goods takeover by signing the invoice to be then used as the delivery note. Unless Seller and Buyer agreed otherwise in writing, the ownership right and the risk of damage to the goods will be transferred onto Buyer at the moment of the goods takeover from Seller. If Buyer is in delay with the goods takeover, the risk of damage to the goods will be transferred onto Buyer as of the first day of Buyer’s delay with the goods takeover.
5. Guarantee Terms and Defects Liability
The goods are made with the greatest care and with applying the best materials and technologies.
Seller provides a guarantee of 24 months for the goods starting from the date of the goods takeover.
Seller provides a guarantee for goods defects as follows:
quantity defects – goods defects based on the delivery of a smaller than agreed amount of the goods – Buyer shall report them to Seller at the goods takeover at latest, otherwise Buyer’s claims resulting from such defects will cease to exist. If Buyer signs a delivery note or any other deed confirming the delivery of goods and fails to state such type of goods defects thereon, the fiction of law of delivering the agreed quantity of goods to Buyer shall apply.
visible mechanical damage to the goods including inappropriate packaging and scratches as well as other apparent defects visible at the moment of delivery of goods – Buyer shall report them to Seller at the goods takeover at latest, otherwise Buyer’s claims resulting from such defects will cease to exist. If Buyer signs a delivery note or any other deed confirming the delivery of goods and fails to state such type of goods defects thereon, it shall apply that the goods were delivered to Buyer with no apparent defects.
defects detectable by unpacking the goods – Buyer shall report to Seller immediately any apparent defect of the goods detectable upon their unpacking and shall not handle with such goods and use them anymore and
defects that can only be detected by using the goods – the hidden defects are concerned here that allow and oblige Buyer to claim them at Seller without undue delay after being detected, but not later than 7 days from the day the defects were or could be detected at keeping the professional care; once this period is over, Buyer’s claims resulting from such defects will cease to exist.
It is a general obligation of Buyer to handle with products upon the instructions stated in catalogues, guidelines, and brochures of manufacturers of the goods. The guarantee shall not apply to and Seller shall not be liable for the following defects in particular:
material or technical defects occurred at the manufacture of equipment,
defects occurred due to improper operation and non-professional or inappropriate handling (especially damage to product’s plastic parts, scratched displays due to improper cleaning, damages caused by impacts...),
defects occurred due to use and installation being at variance with the goods manufacturer's user handbook,
defects occurred due to damages caused by electrostatic discharges,
defects occurred due to use of improper or faulty software or potential related defects,
defects occurred due to natural disasters, violent damage, climatic impacts or operation in extremely unusual conditions,
caused by incompatibility of components bought at another place than at Seller of this product provided that such component was not approved by Seller,
defects occurred due to unauthorized actions on the product,
defects occurred due to a gross violation of the goods operation and use principles described mainly in the catalogue, guideline, brochure, user handbook, and battery in the case of notebooks.
The claiming procedure including Buyer’s claims resulting from defects of the goods is arranged by the Seller’s warranty terms and conditions published on the Seller’s website mbtech.sk.
If Buyer is considered a consumer, provisions of Art. 619 and the followings of Civil Code shall prevail over provisions hereof. Provisions of Civil Code will then apply to the claims resulting from defects of the goods.
Withdrawal of Buyer – Consumer from the Contract
In terms of Act on Protection of Consumers, Buyer being a consumer is entitled to withdraw from the contract and to return the goods within 14 days from the date of the goods takeover without stating a reason. Buyer is entitled to withdraw from the contract even before the beginning of the period for withdrawal from the contract. When withdrawing from the contract, Buyer may use the withdrawal from the contract form provided by Seller, which is available on the Seller’s website mbtech.sk.
The goods returned by Buyer shall not be used or damaged, they should be in their original packaging, if applicable, and Buyer shall enclose the returned goods with a receipt of buying the goods.
If Buyer withdraws from the contract, Buyer shall return the goods to Seller’s company registered seat, if not agreed otherwise with Seller.
In compliance with the provision of Art. 7 (6) of Act on Protection of Consumers, consumers shall not withdraw from the contract, the subject of which is:
provision of a service provided that such provision started upon a consumer’s explicit consent and the consumer declared that he/she had been duly instructed of the fact that, by expressing such consent, he/she waived his/her right for withdrawal from the contract after a complete provision of such services provided that the service was provided to its full extent,
sale of goods or provision of services, prices of which depend on the price fluctuation on the financial market beyond the Seller’s control that could occur within the period for withdrawal from the contract,
sale of goods manufactured upon the Buyer’s special requirements or tailor-made goods or goods designed for the only specific consumer,
sale of goods subject to rapid quality decrease or deterioration,
sale of goods closed in the protective packaging, which should not be returned due to health protection or hygienic reasons and which was damaged after the delivery,
sale of goods that, in regard of their nature, could produce an inseparable mixture with another goods after the delivery,
sale of alcoholic beverages, prices of which were agreed at the time of the contract conclusion, the delivery of which is only possible after 30 days, and prices of which depend on the price fluctuation on the market beyond the Seller’s control,
performance of urgent repairs or maintenance that was Seller explicitly asked for by Buyer; this does not apply to the service contracts and contracts, the subject of which is sale of other goods than spare parts required for performing such repair or maintenance provided that they were concluded during a Seller's visit to the consumer and the consumer did not order such services or goods in advance,
sale of audio records, visual records, audiovisual records, books or software sold in protective packaging provided that such packaging was unpacked by the consumer,
sale of periodicals excluding sale upon a subscription agreement and sale of books that are not delivered in protective packaging,
provision of accommodation services for other than accommodation purposes, transportation of goods, renting vehicles, provision of catering services or provision of services relating to leisure-time activities, upon which Seller undertakes to provide such services at a time or within a period agreed,
provision of electronic content on other than physical media provided that such provision began upon the consumer’s explicit consent and the consumer declared that he/she had been duly instructed of the fact that, by expressing such consent, he/she waived his/her right for withdrawal from the contract.
7. Final Provisions
The present GTS become valid and effective as of the date of their publishing on the Seller's website mbtech.sk.
GTS shall be applicable in the scope and wording published on the Seller’s website at the time of sending the Buyer’s order to Seller.
If any provision hereof becomes wholly or partially invalid or ineffective, validity and effect of other provisions will not be affected thereby. Provisions of respective regulations shall be used instead of invalid or ineffective provisions.
Regarding delivery of electronic messages directed to Buyer, it shall apply that if Seller receives no error message saying that a message (e-mail or SMS message) cannot be delivered to the e-mail address or phone (cell phone) number provided by Buyer, such a message (e-mail or SMS message) will be considered delivered on the next day after its sending date, unless cogent regulations say otherwise. Regarding delivery of electronic messages directed to Seller (e-mail), it shall apply that electronic documents are considered undelivered unless their receipt is confirmed by Seller by sending a reply e-mail message to Buyer. Consignments are considered delivered even in the event that the recipient refused to take them over or that the recipient failed to take them over due to the recipient’s own fault or negligence. In such case, they will be considered delivered after expiring the storage time at the post office in the duration as defined by the sender and after returning the consignment to the sender to be documented by an unimpaired evidence. Notifications delivered via a carrier – courier service (especially DHL, IN TIME, UPS) will be considered delivered as of the moment of their takeover by the contracting party. If a delivery via a courier service is not successful, the third day after performing the first attempt to deliver will be considered the moment of delivery and the attempt to deliver shall be documented by a declaration of the carrier – courier service. It is a sole competence of Seller to decide the method of communication with Buyer (SMS or e-mail or another appropriate method) and the situations such method will be used in.
If it is proven that any provision of GTS and/or Contract is invalid or ineffective, it will not make the other provisions of Contract and/or GTS invalid or ineffective. In such case, the contracting parties undertake to replace such invalid or ineffective provision by a new one so as to keep the purpose the respective invalid or ineffective provision was aimed at the time of its adoption or of the conclusion of the contract.
The Slovak law is the governing substantive and process law. Any dispute arising from GTS and Contract or in relation thereto including disputes from delivery of goods will be negotiated and decided exclusively by the courts in the Slovak Republic in accordance with the Slovak law.
MB TECH BB s.r.o. with the registered seat in Zvolenská cesta 37, 974 01 Banská Bystrica, Company Reg. No.: 36 622 524 as the operator processes personal data of their clients – buyers (hereinafter referred to as “affected persons” under Act No. 122/2013 Coll. on Protection of Personal Data and on modification and amendment to certain acts as amended, viz. in the scope required for the due performance of Seller’s duties, especially: degree, name, and surname of the buyer, his/her permanent address or address for delivery of goods or address for sending documents, phone, cell phone, and e-mail contacts of Buyer, data on the Buyer’s order, data required for due handling with claimed goods, etc. Seller as the operator processes personal data of buyers for purposes of the due performance of contractual duties at selling the goods to buyers in terms hereof (especially conclusion, performance, modification, and termination of Contract, issuance of tax documents, etc.), viz. within the period necessary for fulfilling the purpose of personal data processing, but not longer than within the duration of the contractual relationship between Seller and Buyer or until complete settlement of all rights and obligations resulting from the contractual relationship between the parties or within another period set forth by applicable regulations.
For purposes of the due performance of contractual duties, Seller is entitled to disclose processed personal data of Buyer in the necessary scope to third persons participating on the performance of the Seller's contractual duties (such as goods carrier), then to persons representing Seller or protecting Seller’s eligible interests in any other way (persons authorized to enforce and collect receivables, advocates, and so on); Buyer understands and agrees with this by ordering the goods and concluding Contract with Seller.
The affected persons are entitled to ask Seller for a confirmation whether their personal data are processed by Seller including the list of processed personal data; furthermore, they are entitled to corrections or removal of incorrect or incomplete or out-of-date personal data, to their blocking as well as to enforcement of other rights stated in Art. 28 and the followings of Act on Protection of Personal Data.
Under Act No. 128/2002 Coll. on State Control, the Slovak Trade Inspection is the general supervisory authority at the protection of consumers on the internal market; correspondence address: The Slovak Trade Inspection, P.O. Box 29, Prievozská 32, 827 99 Bratislava 27, more detailed contact data http://www.soi.sk/sk/Kontakt.soi
