General Business Terms and Conditions

Basic provisions

These General Business Terms and Conditions (hereinafter referred to as the "conditions") apply only to the business relationship between the buyer and seller JC Elektronika s.r.o. (hereinafter referred to as the "seller") concluded through e-commerce at www.prevodniky.sk or www.jc-e.eu (hereinafter referred to as "e-shop"). These terms and conditions amend and further specify the rights and obligations of the seller and the buyer in their up-to-date form and are an integral part of the purchase contract.

Seller

JC Elektronika s.r.o..
REG No.: 51 439 255, TAX No.: 2120691606, VAT No.: SK2120691606
Located at: Bôrická cesta 103, Žilina, Slovensko.

Buyer

Buyer means a consumer, businessman or business representative who has sent an electronic purchase order request via the e-shop.

A consumer is considered to be a natural person who, in the course of establishment and execution of the contract, does not act on behalf of a his/hers own business or other business related activities or on behalf of his/hers professional occupation.

The legal relationships between the seller and the consumer which are not expressly governed by these conditions are governed by the relevant provisions of Slovakian legal law no. 40/1964 Zb. of the Civil Code, law no. 634/1992 Zb. on Consumer Protection, law no. 102/2014 Z. z. on Consumer protection in the sale of goods or the provision of services on the basis of a distance contract or contract concluded outside the premises of the seller, as well as the related regulations, all according laws and regulation in force.

A businessman is considered to be:

• a person registered in the Business Register (of any nation)
• a person doing business under a trade license (tradesman)
• a person who does business on a basis other than a trade license according to special regulations

Legal relationships between the seller and the businessman that are not expressly governed by these terms or the contract between the seller and the buyer are governed by the relevant provisions of Slovakian law no. 513/1991 Zb. of the Commercial Code, as amended, as well with all related regulations.

Electronic Purchase Order Request

The term electronic purchase order request means an electronic form, that is a form sent in an electronic data format, containing buyer information, a list of ordered goods from the store that are on offer and a full order price without shipping charges.

The buyer is notified by e-mail that an order request was submitted. The e-mail contains data sent via the electronic form. The order request is not binding for either the buyer or the seller.

After receiving the order request, the seller will send the buyer an e-mail with information on the availability of the goods, the price of the goods, the postage amount, the total amount of the order and the method of payment. This e-mail is considered to be a purchase contract draft.

The customer must confirm the validity of the purchase contract draft by replying to the e-mail with the draft (when using payment by invoice) or by paying the total amount indicated in the purchase contract draft.

The customer is entitled to cancel the order without giving a reason until the shipment is not sent out form the seller. If the shipment has already been dispatched, it is possible to agree to cancel it by mutual agreement between the buyer and the seller. Buyer is required to inform the seller of the cancellation of the order by e-mail.

Purchase Contract

A purchase contract will be established by sending a confirmatory e-mail with the purchase contract draft or by accepting payment for the goods. An established contract (including the agreed price) may be amended or canceled only by agreement between the parties or for legitimate reasons.

The contract can be concluded in Slovak or English language.

If the goods are purchased by a consumer, these Terms and Conditions are subject to Slovakian law no. 102/2014 Z. z. on Consumer protection in the sale of goods or the provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller and on the amendment of certain laws, according to laws in force.

Withdrawal from Contract

Withdrawal from contract by buyer – consumer

The consumer is entitled to withdraw from the contract within 14 calendar days of receiving the goods or from concluding a service contract within the meaning of the §7, clause 1 of Slovakian law no. 102/2014 Z. z..

The seller will return the buyer's money according to a mutual agreement, the payment will be made to the buyer's account mentioned in writing. The returned goods must not be sent by a cash on delivery shipment!

Exercising the right of withdrawal

• The consumer may exercise the right to withdraw from a contract under § 7 clause 1 of Law no. 102/2014 Z. z. submitted to the the seller in paper form or in other form of durable recording medium. The consumer can use this form to withdraw from the contract, which was given to him/her by the seller.
• The withdrawal period is deemed to be maintained if a notice of withdrawal has been sent to the seller at the latest on the last day of the period, in accordance to § 7 clause 1. Law no. 102/2014 Z. z..
• In case the notice delivery is uncertain, the consumer's notice of withdrawal is deemed to have been delivered at the expiry of the appropriate delivery method if the consumer is able to prove his dispatch to the address the consumer was given by the seller in accordance with the § 3 clause (1) b) to d) of Law no. 102/2014 Z. z. or to an address the change of which has been duly notified to the consumer by the seller after the conclusion of the contract. If a postal item containing a notice of withdrawal can not be delivered to the seller for reasons under a special regulation, the notice of withdrawal shall be deemed to have been delivered on the date of its dispatch to the seller to the address specified in the first sentence.
• If the consumer withdraws from the contract, any supplementary contract agreement relating to the contract from which the consumer has withdrawn shall also be abolished. No costs or other payments may be claimed from the consumer in connection with the cancellation of an ancillary contract other than the reimbursement of the costs and payments listed in the § 9 clause 3 and § 10 clause 3 of Law no. and service charge, if the subject of the contract is provision of a service and if the service has been provided in full.
• The burden of proof for exercising the right of withdrawal is carried by the consumer.

Obligations of the seller in the withdrawal from contract

• The seller shall return to the consumer, without undue delay, not later than 14 days from the date of delivery of the notice of withdrawal, all payments received by him or her under the contract, including shipping, delivery, postage and other costs and fees; this does not impinge on the § 8 clause 5 of Law no. 102/2014 Z. z.,
• The seller is obliged to refund to the consumer payments under paragraph 1 of Law no. 102/2014 Z. z.. the same way as the consumer used in his payment. This does not limit the consumer's right to make an agreement with the seller for another method of payment if no additional fees are charged to the consumer,
• The seller is not obliged to pay any additional costs to the consumer if the consumer explicitly chooses a different delivery method then the cheapest common delivery method offered by the seller. Additional costs mean the difference between the delivery cost chosen by the consumer and the cost for the cheapest common delivery method offered by the seller,
• Upon withdrawal from the contract, the subject of which is the sale of the goods, the seller is not obliged to return to the consumer payments according to paragraph 1 of Act no. 102/2014 Z. z. before the goods are delivered to him or until the consumer shows proof of sending the goods back to the seller, unless the seller suggests that the goods be picked up personally or through a person authorized to do so.

Loss of the right for withdrawal

The consumer is obliged to send the goods back or hand it over to the seller or a person authorized by the seller to receive the goods within 14 days of the date of withdrawal. This does not apply if the seller proposes to pick up the goods personally or through a person authorized to do so. The time period referred to in the first sentence shall be deemed preserved if the goods were handed over for shipment not later than the last day of the period.

If the buyer/consumer withdraws from the contract, he or she bears the cost of returning the goods to the seller according to § 10 clause 3 of Law no. 102/2014 Z. z. and if it is a withdrawal from a distance contract, also the cost of sending the goods, which by virtue of its nature can not be returned by mail.

Withdrawal from the contract by buyers - businessman

If the buyer is a businessman, an alternative withdrawal from the purchase contract may be offered depending on the state of the returned goods, potential breach of warranty and the current price of the returned goods. The condition of the goods is evaluated by the seller. In the event of not reaching an agreement to the conditions acceptable for both parties, the goods will be returned at the expense of the seller. The seller is entitled to charge the buyer any additional costs created due to the withdrawal process.

Delivery time and terms

The place of contract settlement is considered to be the place of residence or place of business of the buyer listed in the order request form. The goods are delivered by the seller through the use of third party services (Slovak Post, UPS, DPD) or delivered by own means, or on the basis of an agreement with the buyer where the goods can be made ready for pickup from the seller after which the buyer can pick them up within 7 days of a notification from the seller.

The delivery of the goods is performed by handing them over to the buyer directly or by a handover to the Slovak Post mail service or by a currier that will transport the goods to the buyer.

The ownership right for the goods is transferred to the buyer when the condition of a full payment of the purchase price is met.

The seller will deliver the goods to the buyer as soon as possible after the purchase contract has been confirmed. The delivery time may be longer in exceptional cases (depending on the availability of the goods) and can be subject to a specific agreement between the two parties. Failure to deliver goods within the specified date entitles the buyer to withdraw from the contract.

The goods will be delivered to the buyer in normal packaging.

A buyer who is a businessman is obliged (this procedure is also recommended for consumer buyers) to immediately check the state of the shipment when it arrives with the courier (number of packages, box damage) and that everything is in accordance with the accompanying shipping list. The buyer is entitled to refuse to accept a shipment that does not comply with the purchase contract, when the shipment is for example incomplete or damaged. In case that damaged goods are handed over to the buyer by the currier, it is necessary to describe the damage in the delivery protocol of the carrier.

Terms of payment

Payment options:

• Payment by bank transfer in advance.
• Payment in advance via PayPal.
• Payment on delivery (cash is received from customer by the courier).
• Payment on an invoice with due date (only by mutual agreement).

The latest time for the purchase price to be payed is at the time when the goods are received (from the courier) or at the time indicated on the invoice or advance invoice.

If the goods are paid for with an electronic payment, the goods are sent after the total price has been credited to the seller's account.

Warranty Terms and Documents

The seller provides the goods to the buyer together with the all the relevant documents relating to the goods, that is: invoice - the tax document (in written and electronic form), the delivery (guarantee) sheet with serial numbers of the delivered goods and instructions with included warranty sheet.

The seller provides a 24-month warranty for the delivered goods which begins on the day the goods were received by the buyer.

The seller is responsible for defects which can occur on the sold goods due to material defects, functional errors or defects caused in manufacturing, assembly or installation during the warranty period.

The warranty does not cover defects caused by non-professional use, inappropriate handling, use or installation that is inconsistent with the user manual or defects caused by excessive mechanical wear. The warranty also does not cover damage caused by an event of nature, natural disaster, violent damage, weather conditions or operation under extreme and unusual conditions.

The warranty is voided if the goods have been subjected to unauthorized alterations performed by a person which has not been expressly authorized by the operator or the manufacturer of the goods to perform such alterations.

The cost of shipping for warranty claimed goods sent back to the seller is paid by the buyer. In the event of a legitimate claim the seller pays the shipping cost for replacement goods sent to the buyer.

In case of a repair, the warranty period is extended by the duration of the repair. When a device is fully replaced, the warranty is shortened by the time the buyer used the claimed device.

If the repair will reveal the that the product issue was caused by an event or form of handling excluded from the warranty repair conditions or the that the issue does not occur in the product, the buyer is obliged to pay the seller the costs of testing and handling.

Warranty claim procedure:

1. (Recommended) In writing, by e-mail or by telephone, inform the seller of a defect or a failure. The seller will judge whether the reported issue will require a warranty claim or if it is not a product defect, can suggest to the buyer how to remove the issue (in cases of inappropriate use, incorrect installation, etc.).
2. The customer will fill out the warranty sheet (will provide a description of the issue, the method of product installation, etc.) and will send it along with the product and a copy of the delivery note to the address of the seller:
   JC Elektronika s.r.o., Bôrická cesta 103, Žilina, Slovak Republic.

Security and personal data protection

The seller proclaims that all obtained personal data are confidential, that this data will be used only to perform the contract with the buyer and will not be otherwise disclosed, provided to a third party, etc., except for the purposes of shipping or payment for the ordered goods (using name and address for delivery purposes). Personal data that is provided by the buyer to the seller for the purpose of fulfilling the order is collected, processed and stored in accordance with applicable laws of the Slovak Republic, in particular with the law no. 428/2002 Z.z. on the protection of personal data, as amended. The buyer gives the seller his or hers consent to collect and process the personal data for the purpose of fulfilling the purchase contract's subject matter, until an explicit disagreement with such processing of the data is submited in writing. The buyer has the right to access his or her personal data and the right to correct them, including other legal rights to such data.

Prices

The online store (webshop) always lists current and valid prices.

The seller specifies the shipping and handling cost according to the buyer's choice. This cost is added to the price of goods which the buyer is obliged to pay along with the agreed price of the goods as stated in the purchase contract draft. The information about the shipping and handling cost is provided on the seller's website.

Shipping prices:

The seller specifies the shipping and handling cost according to the buyer's choice. This cost is added to the price of goods which the buyer is obliged to pay along with the agreed price of the goods as stated in the purchase contract draft. The information about the shipping and handling cost is provided on the seller's website or in the purchase contract draft for specific delivery methods (outside the EU, DPD or other couriers, etc.)

Delivery with DHL courier:

• 9.50€ - within Slovak Republic, order price up to 500€
• 17.00€ - delivery to Czech Republic, order price up to 800€
• 20.00€ - within EU, order price up to 1000€
• 41.00€ - Switzerland, Norway and countries outside EU
• 28.00€ - UK (United Kingdom)

Delivery with Slovak Post:

• 10,50€ - within Slovak Republic, order price up to 500€ and payment on delivery

Prices are without VAT. No shipping cost is charged if the order price is higher than stated in the shipping cost list in this paragraph.

Final and transitional provisions

• These General Business Terms and Conditions apply as stated on the seller's website on the date of submitting the electronic order request, unless agreed otherwise between the parties.
• By confirming the purchase contract draft, the buyer accepts without reservation all the provisions of the General Business Terms and Conditions and the Returns Policy rules as in force on the date of the purchase contract confirmation.
• Relationships between the two parties that are not governed by these General Business Terms and Conditions shall be governed by the relevant provisions of the Civil Code, the Commercial Code and other relevant legislation of the Slovak Republic.
• Any disputes between the parties that will not be solvable by mutual agreement of both parties will be settled exclusively under the applicable law of the Slovak Republic and will be settled by the courts of the Slovak Republic.
• The current business terms and conditions came into force on June 1st 2018.

Supervising Authority:

Slovak Trade Inspection
Slovenská Obchodná Inšpekcia (SOI) Inšpektorát SOI pre Žilinský kraj
Predmestská 71, P.O. Box B-89, 011 79 Žilina 1
odbor technickej kontroly výrobkov a ochrany spotrebiteľa
phone: 041/7632 130
fax: 041/7632 139
e-mail: