GENERAL BUSINESS TERMS AND CONDITIONS
Basic provisions
The General Business Terms and Conditions (hereinafter the “GBTC”) provide for the relationship between a buyer and a seller in the field of the sale of car accessories between Korlat s.r.o. (hereinafter the “Seller”) and its business partner (hereinafter the “Buyer”).
Basic provisions
The General Business Terms and Conditions (hereinafter the GBTC) provide for the relationship between a buyer and a seller in the field of the sale of goods between Korlat s.r.o. and its business partners.
By placing an order, the Buyer confirms that he has familiarized himself with these business terms and conditions, the integral part of which consists of the return policy, and that he agrees with them. The Buyer was sufficiently informed of these business terms and conditions before placing his order and is able familiarize himself with them.
The SellerKorlat s.r.o., Reg. No.:45496587, Tax No.:2023020186, VAT No.:SK2023020186 under §, Registered office: 906 Jablonica, 906 32 Jablonica, registered in the Commercial Register of the Trnava District Court, Section: sro, File No.: 25442/T, selling car accessories to further sellers and consumers. Further information on the Seller is included in the “Contact” section.
Supervisory authority:
Slovak Trade Inspection (STI)
STI Inspectorate for Trnava District
Trhová 243/2, 917 01 Trnava
Department of Technical Inspection of Products and Consumer Protection
Tel. No..: 033/ 5512 689, 5512 690
Fax No.: 033/ 5512 656
e-mail: tt@soi.sk
The Buyer:
The Buyer is a consumer or an entrepreneur.
The Consumer is a physical entity which, when concluding and performing a contract, does not act within its commercial or entrepreneurial activity or within its separate occupation.
At the beginning of business relations, the consumer only hands over to the Seller the contact information necessary for the problem-free handling of his order, or the information that he wants to be included in the purchase documentation.
Legal relations between the Seller and the Consumer explicitly not provided by the GBTC are provided by the relevant provisions of Act No. 40/1964 Coll. the Civil Code, as well as Act No. 250/2007 Coll. on Consumer Protection and related regulations, as amended.
Entrepreneur means:
• an entity registered in a commercial register (primarily trading companies)
• an entity doing business on the basis of a trade license (a sole trader registered in a trade register)
• an entity doing business on the basis of a license other than the trade license under specific regulations (e.g. freelance professions such as attorneys, etc.).
• an entity engaged in agricultural production and registered in a register under a specific regulation.
Legal relations between the Seller and the Buyer, who is an entrepreneur, explicitly not provided by the GBTC, or a contract between the Seller and the Buyer, are provided by the relevant provisions of Act No. 513/1991 Coll. the Commercial Code, as amended, and related regulations.
The Buyer is aware of the fact that the purchase of products offered by the Seller does not establish any rights to the use of registered brands, business names, corporate logos, or patents of the Seller or other firms, unless agreed upon otherwise in a specific case by a special contract.
Purchase contract
If the Buyer is a consumer, a proposal to conclude a purchase contract consists of the placement of the goods offered by the supplier on the Internet, and the purchase contract is concluded by dispatching the consumer’s order and receiving the order by the supplier. The supplier will confirm such receipt to the Buyer by means of an informative e-mail sent to the stated e-mail address; however this confirmation does not influence the conclusion of the contract. The concluded contract (including the agreed price) can be amended or terminated only on the basis of an agreement of the parties or on the basis of legal reasons. An automatic e-mail after the confirmation of the order is not a confirmation according to the previous sentences.
If the Buyer is an entrepreneur, a proposal to conclude a purchase contract consists of dispatching the Buyer’s order, and the purchase contract itself is concluded at the moment of the delivery of the binding consent of the Seller to the Buyer with this proposal.
Any relations and eventual disputes which may arise under the contract will be settled exclusively under the applicable laws of the Slovak Republic and will be settled by the courts of the Slovak Republic.
The contract is concluded in the Slovak language.
The Seller archives the concluded contract in order to successfully perform it and does not make it available to third, non-involved parties. The information on individual technical steps leading to the conclusion of the contract is clear from the sections of the GBTC where this process is comprehensibly described. Before sending his order, the Buyer can check it and eventually correct it. The GBTC are published online at www.autolibert.eu making it possible for the Buyer to archive and reproduce them.
The costs of using remote means of communication (telephone, Internet, etc.) in order to place an order are of the standard amount, depending on the type of telecommunication services that the Buyer uses.
Security and protection of information
The Seller declares that all personal data are confidential, that they will be used only to perform the contract with the Buyer, and that they will not be published in any other way, provided to a third party, etc., with the exception of a situation related to the distribution or payment transaction in connection with the goods ordered (the name and address of delivery). Personal data provided by the Buyer to the Seller in order to fulfil an order are collected, processed, and stored in compliance with the applicable laws of the Slovak Republic, especially with Act No. 122/2013 Coll. on Personal Data Protection, as amended. The Buyer grants to the Seller his consent with the collection and processing of the personal data in order to fulfil the subject of the purchase contract being concluded, until he submits a written disagreement with such processing. The Buyer is entitled to access his personal data and to correct them, which includes further legal rights to these data.
Prices
All prices are contractual, including 20% VAT. The on-line e-shop always displays current and valid prices.
Ordering
The Buyer will get the goods at a price valid at the time the goods were ordered. Before placing his order, the consumer can familiarize himself with the total price including VAT and with any other fees (PHE, etc.). This price will be listed in the order and in a message confirming the receipt of the order of the goods. Before placing his order, the consumer can also familiarize himself with the duration of validity for the offer or price. In the case of special goods made to order or goods that are out of stock, the Seller will confirm the price and delivery date to the Buyer in advance by phone/e-mail. If the Buyer is a consumer, he must be, in relation to such goods, informed in advance of the fact that these are goods made to order and a purchase contract between the contracting parties will be concluded after the Seller specifies his offer.
Orders can be placed online at www.autolibert.eu (hereinafter the “e-shop”).
Withdrawal from the contract
Withdrawal from the contract on the part of the Buyer who is a consumer
1. Under Act No. 102/2014 Coll. on Consumer Protection When Selling Goods and Rendering Services under a Distance Contract or a Contract Concluded Outside the Operating Premises of the Seller and on Amendment and Supplementation to Certain Acts (hereinafter the “Act”), under the provisions of § 7 et seq. a consumer is entitled to withdraw from a purchase contract within 14 calendar days of the takeover of the goods. If the subject of the purchase contract consists of the delivery of the goods, the consumer is entitled to withdraw from the contract even before the goods are delivered.
2. If he wants to exercise this right, the consumer is obligated to deliver a written withdrawal from the purchase contract no later than the last day of the specified period to the Seller’s contact address or to hand over the withdrawal to be delivered by post no later than on the last day of the period to an address stated in the contacts. After the notice of withdrawal from the contract, the consumer is obliged to send or deliver in person the subject of the contract from which he is withdrawing together with all documentation – e.g. original invoice, instructions for use, and other documentation related to the goods, which was delivered to him together with the goods; however, no later than within 14 days of the withdrawal (§ 10 (1) of the Act). We advise buyers to make a copy of their invoice and to send the goods by registered mail and as an insured parcel. You can use the following form to withdraw from the contract: Withdrawal from purchase contract, in which it is necessary to enter data marked with a “*” –star.
4. The e-shop operator will return money paid for the goods/service, including transportation costs, under the provision of § 9 (3) of Act No. 102/2014 Coll. and the costs demonstrably spent to order the goods within 14 days of the delivery of the withdrawal from the contract; however, he does not have to return the money before the goods are delivered to him and before the consumer proves the dispatch of the goods. This does not apply if the Seller stated that he would pick up the goods himself.
5. The costs of returning the goods are born by the consumer.
6. The right to withdraw from the contract is not applied to goods and services specified in § 7 (6) (a) to (l) of Act No. 102/2014 Coll.
7. The consumer tolerates the diminution of the value of the goods caused by utilization beyond the framework necessary to assess the functionality and characteristics of the goods.
Withdrawal from the contract by the Buyer who is an entrepreneur
If the Buyer is an entrepreneur, the Buyer can be offered an alternative withdrawal from the purchase contract depending on the condition of the goods returned, lost warranty, and the current price of the goods returned. The Seller will assess the condition of the goods. If both parties do not agree on acceptable conditions, the goods will be returned at the Seller’s expense. The Seller is entitled to charge the Buyer other eventual costs
Payment terms
1. Payment in advance by wire transfer
2. Payment through an on-line banking interface (on-line with payment card)
3. Payment through PayPal
The goods remain the property of the Seller until the receipt of the full payment.
Delivery terms
The Seller undertakes to
deliver the right kind and quantity of the goods as stated at the time of order, based on the customer’s order, at the agreed price (if there is a sudden increase in the price from a supplier, the Seller is obliged to inform the customer of the additional increase in the price and subsequently to consult the additional increase in the price and to ascertain the acceptance
pack the goods adequately
dispatch the goods within the agreed period (if the period is extended, he is obliged to inform the customer of this fact)
issue and attach an invoice as a tax document to the goods.
The Buyer undertakes to
take over the goods ordered
pay for the goods ordered at the agreed price
The Seller is not liable for
the late delivery of the goods ordered if caused by the postal office or the express courier service
damage to the goods caused by the postal office or the express courier service
eventual failure to deliver the goods caused by the manufacturer (supplier) due to any restriction or abolition of distribution rights or other unforeseeable obstacles.
Personal collection: : Only the Buyer can take over the goods. This person must sufficiently identify themselves with a valid ID or passport.
Dispatching the goods by a courier service – within the Slovak Republic:
The goods can be sent to the Buyer by the courier service DHL Parcel Slovensko. It can be done on the basis of a dispatched order and an issued invoice before 12:00 noon. GLS Courier guarantees that the parcel will be delivered anywhere in the Slovak Republic within 3 days of dispatching from our warehouse. The price of transport is based on the price list valid as of the day of the order.
The Buyer, who is an entrepreneur, is obligated (to the Buyer, who is a consumer, this procedure is also recommended), immediately after delivery, to inspect, together with the courier, the condition of the consignment (the number of packages, intactness of the tape with corporate logo, damage to the box) according to the attached delivery note. The Buyer is entitled to refuse to take over the consignment if it is not in compliance with the purchase contract stating that, e.g. the consignment is not complete or is damaged. If the Buyer takes over such a damaged consignment, it is necessary to describe the damage in the courier’s handover certificate.
Additional complaints about the incompleteness of or outside damage to the consignment do not deprive the consumer of the right to lodge a complaint; however the Seller has possibility to prove that it is not in contrast to the purchase contract.
Dispatching the goods by a courier service outside of the Slovak Republic:
The goods can be sent to the Buyer by the courier service DHL Parcel Slovensko. It can be done on the basis of a dispatched order and an issued invoice before 12:00 noon. DHL Courier guarantees that the parcel will be delivered anywhere in the Slovak Republic within 3 days of dispatching from our warehouse.
The price of transport is based on the price list valid as of the day of the order.
The Buyer, who is an entrepreneur, is obligated (to the Buyer, who is a consumer, this procedure is also recommended), immediately after delivery, to inspect, together with the courier, the condition of the consignment (the number of packages, intactness of the tape with corporate logo, damage to the box) according to the attached delivery note. The Buyer is entitled to refuse to take over the consignment if it is not in compliance with the purchase contract stating that, e.g. the consignment is not complete or is damaged. If the Buyer takes over such a damaged consignment, it is necessary to describe the damage in the courier’s handover certificate.
Additional complaints about the incompleteness of or outside damage to the consignment do not deprive the consumer of the right to lodge a complaint; however, the Seller has possibility to prove that it is not in contrast to the purchase contract.
Warranty conditions
Warranty conditions for the goods are provided for by the Return Policy of the Seller and the valid legal regulations of the Slovak Republic. Proof of purchase serves as a warranty card.
Damage compensation in case the goods are not taken over
The Seller is entitled to damage compensation (under the provision of § 420 et seq. of the Civil Code) if the Buyer ordered goods which he did not cancel or did not withdraw from the contract and simultaneously did not take the goods over from the courier or after the Seller’s call; in the case of in-person collection, he did not take the goods over within a specified period. By such conduct, the Buyer has breached his duty under Article X (2) (a) under which the Buyer is obliged to take over the ordered goods.
When determining the damage compensation, the Seller mainly takes into account transport costs and related fees in case the goods were dispatched, packaging costs, the dispatch and administration of the order, and also any other costs that he incurred in connection with the handling of the order, and he is simultaneously entitled to charge for lost profit.
The Seller is also entitled not to exercise the right to damage compensation or to exercise this right only partially.
Limited warranty for damages and the assumption of risk
Notice for the consumer:
* check the autoLIBERT device before each use
* do not use the device if any part of it is damaged
* when using the device, always follow the instructions for use and comply with the safety instructions
* before installing the autoLIBERT device, check whether there is a satisfactory clear height between the vehicle’s tire, fender, fender apron, and any other part of the vehicle.
* always install the autoLIBERT device on the rear drive axle
* during installation, avoid the rim part which contains the valve and make sure that the ráčňa??? strap is not in contact with any component of the vehicle’s braking system
* the user bears all risks of damages to tires, rims, or other parts of the vehicle
* do not allow unqualified persons to use the autoLIBERT device. Incorrect use can cause damage to the vehicle, injury, or death
* when using the device, inform the persons on possible fragments and request that they keep a safe distance from the vehicle
* use the autoLIBERT device in emergencies only and in case the vehicle gets stuck off-road
* do not use the autoLIBERT device as an additional brake on slopes
* to extricate a stuck vehicle, it is usually enough to use the aluminum block without the extension. Use the aluminum extension only if using the aluminum block is not enough.
* before using the device, make sure that the aluminum block is firmly attached to the wheel
* the use of the autoLIBERT device on roads can be regulated or restricted by the relevant laws. Use it only in compliance with the relevant laws
* the consumer uses the autoLIBERT device at his own risk. The Manufacturer or the Seller are not liable for damages caused by using the device
Final Provisions
If the consumer is not satisfied with the way the Seller has handled his complaint or if he thinks that the Seller has breached his rights, he can turn to the Seller asking him for redress. If the Seller’s response to this redress is negative or if he does not respond to it within 30 days of tis dispatch, the consumer, under § 12 of Act No. 391/2015 Coll. on Alternative Settlements of Consumer Disputes and on Amendment and Supplementation to Certain Acts, is entitled to seek the opening of an alternative settlement of his dispute.
The competent entity for the alternative settlement of consumer disputes with an e-shop operator is the Slovak Trade Inspection (www.soi.sk) or other competent authorized legal entity registered in the list of entities for the alternative settlement of disputes kept by the Ministry of Justice of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s), while the consumer can decide which of the above entities for the alternative settlement of consumer disputes he will turn to. In order to seek the opening of the alternative settlement of his dispute, the consumer can use the on-line dispute settlement platform available at http://ec.europa.eu/consumers/odr/. The consumer will find the information on fees for the opening of the alternative settlement on the websites of a specific entity for the alternative settlement of disputes.
The General Business Terms and Conditions are valid from 1 June 2017, repealing the previous texts of the GBTC. The Seller reserves the right to change the General Business Terms and Conditions without prior notice.
For Korlat, s.r.o. Approved by Miroslav Masár, Executive Manager