Terms & conditions
- GENERAL PROVISIONS
These general terms and conditions govern the rights and obligations of OWG Partner sro , with its registered office at Jána Jonáša 2778/8, 905 01, Senica . Company ID: 55729410 , Tax ID: 2122072029 ,
VAT ID: SK2122072029 , registered in the Commercial Register of the District Court Trnava , section: Ltd. , File number: 54970/T , tel : +421918011774 , e-mail: owgpartner@gmail.com (hereinafter referred to as the “Seller”) and the Buyer.
seller is the operator of the online store www.hattny.com
The buyer is a natural or legal person who registers through the seller's online store or orders goods through it (hereinafter referred to as the "buyer").
By using the seller's online store and confirming the order, the buyer agrees to these terms and conditions.
Supervisory authority: SOI Inspectorate for the Trnava Region , Pekárska 23, 917 01 Trnava 1, Supervision Department, tt@soi.sk , tel. no. 033/321 25 27, 033/321 25 21, website: https://www.soi.sk/sk/Kontakt.soi
- ORDER
2.1. The buyer orders goods through the seller's online store, by phone or by email.
An order placed in this way is considered binding and is, in accordance with the Act on Consumer Protection in Door-to-Door Sales and Mail Order Sales, as amended and supplemented, understood as a distance contract.
2.2. With each order, the buyer must provide their name and surname, delivery and billing address, telephone number, e-mail; for natural and legal persons, the entrepreneur must also provide their company ID, VAT number, VAT number, name of the goods, number of pieces (orders placed through the seller's online store automatically meet these conditions).
In accordance with the Personal Data Protection Act, this data will be used only within the framework of the business relationship between the seller and the buyer and will not be provided to a third party (with the exception of the person providing the transport of the goods).
2.3. After the order is delivered, this order will be registered in the seller's system and at that time a business relationship between the seller and the buyer is established. No later than 24 hours (on business days) the seller will verify the order, the method of transport and notify the possible delivery time or collection date, the final price and the method of payment. From this date, the order is binding for the buyer.
2.4. The buyer has the right to cancel the order free of charge within 24 hours of ordering the goods without giving a reason. The seller will notify the buyer of the cancellation confirmation in writing.
2.5. In the event that the seller is unable to deliver the ordered goods, he has the right to cancel such an order. If the amount for the ordered goods has already been paid, the seller will send it back to the buyer by bank transfer.
The validity of an electronic order is conditional on its true and complete completion. The sent order is a draft purchase contract. The purchase contract is formed by the seller confirming the order via e-mail.
By sending an electronic order, the buyer confirms that he has read these terms and conditions and that he agrees with them. By sending an electronic order, the buyer accepts all provisions of the terms and conditions in the version valid on the date of sending this order, as well as the valid price of the ordered goods stated on the website. Ownership of the goods passes to the buyer upon receipt and payment of the purchase price.
- DELIVERY TERMS
3.1. Delivery times vary for different types of goods. The date of delivery or collection of goods will always be notified to the buyer when verifying the order.3.2. In general, the delivery or collection date of goods is from 3 to 15 days from the date of order verification.
3.3. In exceptional cases, when certain types of goods are not in stock and are not available from manufacturers and importers, the delivery time may be longer.
- PRICE, PAYMENT TERMS AND SHIPPING
4.1. The price of the goods is listed on the seller's website. Prices may be subject to change. The seller reserves the right to change prices in connection with changes in prices of manufacturers and importers. The valid price of the goods will always be announced when verifying the order.
4.2. The buyer makes the payment by transfer to the seller's account, by electronic payment.
4.3. When handing over the goods, the buyer pays the price for the goods + the price for shipping.
4.4. The buyer chooses the method of transport when creating an order in the seller's online store or through another method of communication.
4.5. The amount of shipping costs will always be communicated to the buyer when verifying the order.
- RECEIPT OF GOODS
5.1. The buyer undertakes to take over the goods on the agreed date at the address specified in the order.
5.2. When accepting the goods, the buyer is obliged to check the physical integrity and completeness of the shipment. If the shipment is visibly damaged and destroyed, the buyer is obliged to contact the seller immediately without accepting the shipment and to write a Report on the damage to the shipment with the shipping company. Any later complaints about the quantity and physical damage to the goods will not be accepted.
5.3. The buyer acquires ownership rights to the goods 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 buyer who has the goods in possession, the buyer has all the obligations of a custodian of the goods and is obliged to store the goods safely at his own expense and mark them so that they are identifiable as the seller's goods under all circumstances.
5.4. The seller is entitled to demand fulfillment of obligations, in particular payment of the price for the goods, regardless of the fact that ownership of the goods has not yet passed to the buyer.
5.5. The risk of damage to the goods passes to the buyer upon receipt by the buyer or his authorized representative.
- WITHDRAWAL FROM THE CONTRACT
6.1. The buyer is entitled to withdraw from the contract without giving a reason within 14 working days from the date of receipt of the goods. Withdrawal from the contract must be made in writing, must contain all data used to identify the goods and must be delivered together with the goods to the seller's address or another address specified by the seller within the above period.
6.2. The goods must not be damaged, used, must be in the original packaging and together with the goods the buyer must submit all documents relating to the goods in question (operating instructions, warranty card, proof of purchase, etc.) that he received when purchasing them. The buyer agrees and acknowledges that in this case, written form means a document of withdrawal from the purchase contract signed by the buyer.
Goods sent in this way will not be accepted and will not be returned.
6.3. If the buyer complies with the above obligations, the seller will take back the goods and, within 15 days from the date of withdrawal from the contract, will return the price paid for the goods or the advance payment that the buyer made for the goods to the buyer in a previously agreed manner.
6.4. The Buyer may not withdraw from a purchase contract concluded remotely, especially in the following cases:
- a) if it is a contract that also includes the provision of a service, if the service began to be performed with the buyer's consent before the expiration of the withdrawal period
- b) if it is a contract whose subject is the sale of goods or services, the price of which depends on price movements on the financial market, which the seller cannot influence
- c) if it is a contract whose subject is the sale of goods made according to the buyer's specific requirements or goods intended specifically for one buyer, or goods which, due to their characteristics, cannot be returned
6.5. The Seller reserves the right to cancel the order (withdraw from the contract) or part of it if:
- a) the goods are not produced or have ceased to be produced
- b) the supplier's price of the goods has changed
- c) the displayed price of the goods was incorrect
- WARRANTY AND SERVICE
7.1. Specific warranty and service conditions are stated in the relevant warranty certificates for selected goods, which the buyer receives when purchasing the goods.
7.2. In general, unless otherwise stated in the warranty certificates, the warranty period for the performance of consumer contracts is set at a minimum of 24 months or is limited from above by the expiration date of the goods. In this case, the buyer is a person who is not acting within the scope of his commercial or other business activity. Only goods purchased and paid for from the seller can be complained about. When making a complaint, the buyer is obliged to deliver (if the nature of the goods allows it - pledged goods) the claimed goods clean, mechanically undamaged, in the original packaging, including manuals, warranty certificate, invoice or other document of payment for the goods to the seller. When making a complaint, the buyer follows the instructions specified in the warranty certificate.
7.3. The warranty entitlement shall expire if the defect was caused by mechanical damage to the product, operation of the product in unsuitable conditions, unprofessional installation, failure to comply with the relevant standards by the buyer or the person who performed the installation for the buyer, or if the product was tampered with by a person other than an authorized person. Defects caused by natural disasters and improper handling are also excluded from the warranty.
7.4. In the event of a complaint, the buyer is recommended to notify the seller by telephone that the goods have a defect and how it manifested itself. Based on this information, the buyer will be advised on the next steps in handling the complaint.
- FINAL PROVISIONS
8.1. The Seller reserves the right to change the price. When changing the price, the Seller will contact the Buyer. The Buyer has the right to cancel the order with such adjusted prices.
8.3. The Buyer declares that, before completing or submitting an order, he has read these general terms and conditions and that he agrees with them.
8.4. Notwithstanding any other provision of the contract, the seller shall not be liable to the buyer for lost profits, lost opportunities or any other indirect or consequential losses resulting from negligence, breach of contract or arising in any other way.
8.5. These general terms and conditions have been formulated and established in good faith, for the purpose of fulfilling the legal requirements and regulating fair business relations between the seller and the buyer. In the event that any provision of these terms and conditions is proven by the competent authorities of the Slovak Republic to be invalid or unenforceable, in whole or in part, the validity and enforceability of the other provisions and the remaining parts of the relevant provision shall remain unaffected.
8.6. The rights of the buyer (consumer) in relation to the seller arising from the Consumer Protection Act No. 634/1992 Coll., as amended and regulations, and the Consumer Protection Act in Door-to-Door Sales and Mail Order Sales No. 108/2000 Coll . , as amended and regulations, remain unaffected by these terms and conditions.
Legal relationships and conditions not expressly regulated here, as well as any disputes arising from failure to comply with these conditions, are governed by the relevant provisions of the Commercial or Civil Code.
8.7. The Seller and the Buyer have agreed that they fully recognize distance communication - telephone, fax (including a handwritten order), electronic form of communication, especially via electronic mail and the Internet network, as valid and binding for both contracting parties.
8.8. All personal data provided by the buyer as part of an order for goods or registration via the online store www.hattny.com are collected, processed and stored in accordance with Act No. 122/2013 Coll . on the Protection of Personal Data.
By sending an order or concluding a purchase contract, the buyer, in accordance with Act No. 122/2013 Coll ., gives the seller consent to the processing, collection and storage of his personal data for the purposes of concluding a purchase contract, processing orders and related communication with the buyer.
The buyer has the right to access their personal data, the right to correct it, including other legal rights to this data.
8.9. The Seller does not provide, disclose or make available the personal data of buyers to any other person, with the exception of: companies providing transport of goods, to which the personal data of buyers is transferred to the minimum extent necessary for the purposes of delivering the goods.
8.10. Consent to the processing of personal data and the sending of commercial information is granted for an indefinite period and can be revoked at any time free of charge by express and specific notice in writing addressed to the seller, by post, telephone or electronically to e-mail eshop@hattny.com . Revocation of consent to the processing of personal data will also result in cancellation of registration.
8.11. The buyer has the right to contact the seller with a request for redress if he is not satisfied with the way in which the seller has handled his complaint or if he believes that the seller has violated his rights.
If the seller responds negatively to the buyer's request or does not respond at all within 30 days from the date of its sending, the buyer has the right to file a motion to initiate alternative dispute resolution (hereinafter referred to as "ARD").
Only disputes arising from a contract between the seller and the buyer (consumer) and disputes related to this contract may be resolved through ADR, with the exception of disputes pursuant to the provisions of Section 1, Paragraph 4 of Act No. 391/2015 Coll . and disputes whose value does not exceed EUR 20. A proposal to initiate ADR is submitted to the ADR entity pursuant to the provisions of Section 3 of the cited Act, using a designated platform or form, a model of which is Annex No. 1 to the cited Act.
The ADR entity may request the buyer to pay a fee for initiating ADR, up to a maximum of EUR 5 including VAT. If there are several entities competent for ADR, the buyer has the right to choose which of them to submit a proposal to. In addition to ADR, the consumer has the right to contact a general or arbitration court with substantive and territorial jurisdiction. The ADR platform is available on the website: https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/alternative-dispute-resolution-consumers_sk