General terms and conditions

 

These general business terms and conditions (hereinafter referred to as the GTC) regulate the rights and obligations of the parties arising from the purchase contract concluded between the Seller, which is:

business name: ARGUS spol. s r.o.
office: Ostrov č. 444, 92201 Ostrov, Slovak Republic
VAT No: 31444504
Tax. reg. ID: 2020396785
Reg. No. for VAT: SK2020396785 entry in the Commercial Register of the Trnava District Court, Section: Sro, Insert n. 293/T
Email: eshop@argus-sk.sk
Telephone number: +421 917880 544
Swift: GIBASKBX
IBAN: SK62 0900 0000 0002 8332 8515 (hereinafter referred to as the „Seller") and

 

the Buyer, subject is the purchase of goods - on the website of the Seller's e-shop www.argus.sk, (hereinafter referred to as the “e-shop”).

General business terms and conditions are an integral part of the purchase contract. The parties agree that by sending the order to the Seller the Buyer confirms that he has read these GTC and agrees that these GTC will apply to the purchase contract concluded between the Seller and the Buyer through the e-shop operated by the Seller, which operates the Seller's obligation to deliver the ordered goods to the Buyer and enable him to acquire ownership of the goods and the Buyer's obligation to take over the ordered goods and pay the Seller the agreed purchase price in the manner specified in the GTC (hereinafter "purchase contract") and all legal relations between the Seller concluding a purchase contract and claims for goods.

 

I. Order

The Buyer concludes a purchase contract with the Seller on the basis of the order. Registration on the Seller's website is not a condition for placing the order.

1. An order is considered to be a proposal of the Buyer to conclude a purchase contract if it contains: Identification of the Buyer to the extent:
   • natural person - non-entrepreneur: name and surname, postal (i.e., delivery) and invoicing address
   • natural person - entrepreneur: business name, place of business, VAT number or other number of the relevant entry in the register, tax identification number, VAT ID number, if the Buyer is a VAT payer
   • legal entity: business name, registered office, VAT number, tax identification number, VAT ID number, if the Buyer is a VAT payer
   • telephone contact
   • email contact
   • name of the goods and 8-digit ID number of the Seller with a dash (xxxx-xxxx) - located in the PRODUCT DETAIL section
   • number of ordered pieces
   • method of payment
   • method of delivery
   • date of order

2. Before sending the order to the Seller through the e-shop, the Buyer is obliged to check all the data. The Buyer is responsible for the accuracy, veracity and completeness of the data provided in the order.
3. The Buyer has the right to order goods from the Seller through the e-shop order form filled in and sent by the Buyer.
4. In the case that the Buyer is a consumer - a natural person who does not act within the scope of his business, employment or profession in the conclusion and performance of this contract (hereinafter "consumer"), the order is considered a proposal to conclude a distance purchase contract under Act no. 102/2014 Coll. as amended.
5. The availability of the offered goods is expressed in the electronic shop with the word in stock ≤ or ≥ as xx pcs in stock, or with the stated word assumption of the availability of goods... xxxx.
6. By sending the order, the Buyer confirms that he has read, understood and fully agrees with these GTC (including the Complaints Procedure and other parts of the GTC).
7. The Seller has set a minimum order value on the e-shop of 5, - € (excluding VAT), due to the prices of the Seller's goods.
8. The Seller requires payment in advance for an order of less than 10, - €, by bank transfer to the account or via payment gateway GOPAY.

II. Conclusion of the purchase contract

1. After delivery of the order to the Seller, this order will be processed by the Seller. For the avoidance of any doubt, for accepting the order, i.e., concluding a purchase contract cannot be considered an automatically generated mail regarding the receipt of an order under a specific number. The acceptance of the order by the Seller will be confirmed separately by the Seller through the order confirmation. The Seller reserves the right to cancel (and therefore not accept) the Buyer's order for the goods if the Seller is unable to deliver the goods due to their sale or in the event of errors in the purchase price of goods, which is listed in the Seller's online store.
2. Before confirming the order, the Seller may change the price of the goods listed in the Seller's e-shop if he finds that the price was incorrectly listed in the e-shop catalogue. In such case, the Seller is obliged to immediately inform the Buyer of this change before the order is confirmed. At the same time, the Seller is obliged to request the Buyer's consent to the price change before confirming the order. In case that the Buyer gives his explicit consent to the price change, he accepts the new price and the Seller then sends him an order confirmation according to Art. II. Point 1. GTC. Any manifestation of the Buyer's will other than consent to the price change will be automatically considered as a cancellation of the order in the range of goods to which the price change applies.
3. If the availability of goods in the Seller's warehouse allows it, the processing of the Buyer's order takes place within 2-5 working days from the date of order confirmation. At the moment of delivery of the order confirmation to the Buyer, a purchase contract will be concluded.

III. Order cancellation

1. The Buyer has the right to cancel the order before it is confirmed by the Seller. The Buyer has the right to cancel the order within 24 hours since sending the order to the Seller without cancellation fee, only if the cancellation of the order is delivered to the Seller before the Seller delivers the order confirmation to the Buyer.
2. The Buyer is obliged to state in the cancellation of the order the content of the order according to Article I. Point 1 of the GTC. In case that the Buyer has provided any payment to the Seller in connection with the cancelled order, the Seller is obliged to return this payment within 14 days from the date of cancellation of the order by cashless transfer to the Buyer's account, unless the parties agree otherwise. The obligation of the Seller to return the payment provided by the Buyer within the period under the previous sentence also applies to the case under Art. II point 2 of the GTC.
3. In the case that the Seller finds out during the processing of the order that he will not be able to deliver the goods to the Buyer within the agreed period, the Seller is obliged to inform the Buyer immediately before the order is confirmed. At the same time, the Seller is obliged to request the consent of the Buyer to change the delivery time before confirming the order. If the Buyer gives his explicit consent to the change of the delivery time, he accepts the new delivery time and the Seller then sends him an order confirmation. Any manifestation of the Buyer's will other than consent to a change in the delivery time will be automatically considered a cancellation of the order by the Buyer. In case that the Buyer has provided the Seller with any payment, the Seller is obliged to return this payment, respectively its part within 14 days from the date of cancellation of the order by non-cash transfer to the Buyer's account, unless the parties agree to another method of refunding the purchase price.

IV. Acquisition of ownership of the goods

1. The Seller reserves the ownership right to the goods. The Buyer acquires ownership of the ordered goods only after taking over the item at the place of delivery specified by him and at the same time paying full purchase price of the ordered goods. The risk of damage to the goods passes to the Buyer at the time of delivery of the goods to the Buyer.
2. The Seller is not responsible for delayed delivery of goods caused by incorrectly stated address of the Buyer or other delays that were not caused solely by the breach of duty by the Seller.

V. Delivery of goods

1. The Seller is obliged to deliver to the Buyer the goods in the ordered quantity, quality and version and to pack or equip them for transport in a suitable way to prevent their damage.
2. If the Seller is to send the goods under the contract, he may do so on the condition that the goods or documents, enabling the handling of the goods are handed over to the Buyer only after payment of the purchase price.
3. The Buyer bears the costs associated with the delivery of goods in full, unless the GTC stipulate otherwise.
4. The goods are delivered to the Buyer:

• by courier DPD

Delivery to the address:	Price without VAT		Price with VAT
Payment in cash upon receipt of goods - cash on delivery	4,160  €	4,99 €
Payment in advance by bank transfer	3,330 €	3,99 €
Payment via GoPay payment gateway	3,330 €	3,99 €
Delivery to the Pickup point:
payment in advance by bank transfer	3,075 €	3,69 €
payment via GoPay payment gateway	3,075 €	3,69 €

The Seller sends the goods to the Buyer to the Buyer's address, specified as the billing address or delivery address (if the delivery address is other than the billing address). The Buyer is obliged to pay the price for transport of goods only if the purchase price of the order does not exceed the amount € 50.00. In the case of an order which´s purchase price of the goods exceeds the amount € 50.00, the price of transporting the goods shall be borne by the Seller.

• by courier PACKETA

We deliver orders only within the Slovak Republic to the PACKETA address specified by you. We ship the goods within 24 hours of receiving the order on working days (not Saturdays and Sundays). The weight of the package must not exceed 5 kg. The Buyer is obliged to pay the price for transport of goods only if the purchase price of the order does not exceed the amount € 50.00. In the case of an order which´s purchase price of the goods exceeds the amount € 50.00, the price of transporting the goods shall be borne by the Seller.

Delivery to PACKETA boxses and point:	Price without VAT	Price with VAT
Payment in advance by bank transfer	3,583 €	4,30 €
Payment via GoPay payment gateway	3,583 €	4,30 €

Payment on delivery is not possible. Packeta will send you information about the delivery date of your order.personal collection

personal collection possible is only when paying in advance by transfer to the Seller's account or when paying through the GOPAY payment gateway. The Buyer is informed by an SMS message or email from the Seller about the collection date at the registered office of Argus spol. s r.o., Športová 444, 92201 Ostrov.

5. The Seller will not require the Buyer to pay fees for packaging goods.
6. By sending an e-mail message or SMS, the Seller notifies the Buyer that he has sent the ordered goods to the delivery address provided by the Buyer.
7. The goods delivered by shipment through the carrier are shipped by the Seller every working day. The Seller will send the goods forming the order for transport usually the next working day after confirmation of the order to the Buyer (or after payment of the purchase price by the Buyer if the method of payment was determined by the Buyer other than cash on delivery), provided that the ordered goods are in stock at the Seller. In the case of sending the goods by the carrier, it is necessary to take into account 1 - 3 working days from the day of sending the goods for transport belonging to the delivery of the goods. The Buyer acknowledges that the deadlines mentioned at this point are purely indicative, and the Seller is not responsible for any delay caused by the carrier or the Buyer.
8. If the Seller delivers the goods to the Buyer by dispatch through the carrier to the place specified by the Buyer, the Buyer is obliged to take over the goods in person or ensure that the goods are taken over by a person who can represent the Buyer by law or by power of attorney in case of absence to take over the goods at the place of delivery (hereinafter referred to as the "representative") and confirm in writing to the carrier the receipt of the goods on the delivery note. If it is necessary to repeat the delivery of goods due to the absence of the Buyer at the place specified in the purchase contract, all costs incurred in this way shall be borne by the Buyer, regardless of the purchase price of the order.
9. The goods are considered delivered at the time of receipt of the goods by the Buyer or. his representative at the address specified in the order.
10. The goods are considered delivered to the Buyer at the moment when the Buyer or his representative, with the exception of the carrier, takes over all parts of the ordered goods, or if:

• the goods ordered by the Buyer in one order are delivered separately, at the time of receipt of the goods that were delivered last
• delivers goods consisting of several parts or pieces, at the time of taking over the last part or the last piece
• delivers the goods repeatedly during a specified period, at the time of taking over the first goods delivered

11.  The Seller is obliged to deliver the goods to the Buyer no later than 30 days from the date of conclusion of the purchase contract, if the conditions of delivery of goods published on the e-shop do not specify a longer delivery period. If, before concluding the purchase contract, the Buyer expressly informed the Seller that the delivery of the goods within the specified period or on the specified day is of particular importance to the Buyer, the Seller is obliged to deliver the goods within the specified period. If the Buyer does not take over the goods at the place specified by him, the Seller is entitled to demand a storage fee of 100% of the price of transport for each day of storage. If the Seller is unable to send the goods for reasons on the part of the supplier of the goods, the Seller is obliged to immediately inform the Buyer of this fact by sending an e-mail message or SMS. In this case, the Seller informs the Buyer about another way of processing the order. The Buyer is obliged to check the goods, as well as their packaging, before taking it over. If the Buyer finds that the goods or packaging of the goods are mechanically damaged, he is obliged to notify the carrier of this fact and check the condition of the goods in his presence. In case of damage to the goods, the Buyer is obliged to state the nature and extent of the damage on the delivery note, the accuracy of which will be confirmed by the carrier. Damage to the goods is not a reason to refuse to accept the goods by the Buyer, but it is a reason to file a claim for a defect of the goods. The Seller is obliged to issue the Buyer a proof of purchase of goods (invoice), which states:

• business name and registered office of the Seller
• the address of the establishment
• date of sale
• name and quantity of the goods
• the price of the individual goods and the total price paid by the Buyer
• for the sale of goods with subsequent delivery, the address, destination, date and time of delivery

12. Proof of purchase of goods (invoice) according to point 15 above shall be sent by the Seller to the Buyer together with the shipped goods. After concluding the purchase contract, the Seller will send the Buyer by email at the same time the order confirmation, which, if the Buyer is a consumer, will contain the requisites according to § 3 par. 1 of Act no. 102/2014 Coll. Information on the characteristics of the goods sold, on the method of use, assembly and maintenance of the goods and on the dangers arising from their incorrect use, assembly or maintenance, on the conditions of storage and storage will be contained in the enclosed written instructions. Requirements according to § 3 par. 1 of Act no. 102/2014 Coll. will, in addition to the instructions, be included in the GTC, which will be attached to the email marked as Order Confirmation. Goods insurance is included in the price of the fee for delivery of goods by the carrier.

VI. Purchase price, payment terms

1. The Buyer is obliged to pay the Seller the purchase price for the ordered goods, listed for each product offered in the e-shop, including the cost of delivery of goods according to these GTC; this does not affect Art. II point 2 of the GTC. The purchase price and costs with delivery of goods are listed including the relevant value added tax (hereinafter referred to as "VAT").
2. The Seller has the right to demand from the Buyer payment of 100% of the purchase price before delivery of the goods, if it is necessary to order the ordered goods from a third party or if the ordered goods are delivered by sending through the carrier and the Buyer did not request payment of the purchase price by cash on delivery.
3. The Seller has the right to demand payment in advance for orders of less than € 10. Payment for the order can be made by bank transfer to the account or by credit card.
4. In the order, the Buyer has the right to choose the method of payment of the purchase price in the form:

• cash on delivery - payment in cash upon receipt of goods delivered by courier DPD, when the Buyer is obliged to pay a fee for cash on delivery € 1, including VAT
• card payment - for payment gateway GoPay must be using a VISA, VISA Electron, MasterCard or Maestro credit or debit card for payment
• payment via Internet Banking - payment via the GoPay payment system
• payment by bank transfer to the account - the Buyer will receive an informative email from the e-shop about the identification of the payment

5. If the Buyer pays the Seller the purchase price by non-cash bank transfer, the day of payment is considered to be the day when the entire purchase price, including fees, was credited to the Seller's account, the Buyer is also obliged to indicate the correct variable payment symbol, which is the order number or other number specified in the order confirmation by the Seller. All special offers and discounts on the offered goods are valid until the stock is sold out or until the expiration of the period specified by the Seller, unless otherwise stated for a specific product. Shares and discounts are not mutually combinable, unless the Seller specifies otherwise. The Seller may create a system of discounts for Buyers who meet the conditions set by the Seller, the conditions for obtaining discounts and the possibility of applying these discounts set by the Seller in special terms and conditions, which will be published on the Seller´s e-shop and which will amend these GTC.

VII. Liability for defects in goods and warranty

1. The Seller is responsible for defects that the sold item has when taken over by the Buyer, as well as for defects that occur after taking over the thing during the warranty period (warranty).
2. The Seller is not responsible for defects in the goods, to which the Buyer has been expressly notified.
3. The warranty period is 24 months. If the period of use is marked on the item sold, its packaging or the instructions attached to it, the warranty period does not end before the expiration of this period.
4. In the case of items sold at a lower price, the Seller is not liable for the defect for which a lower price was agreed.
5. The warranty period starts from the day the goods are taken over by the Buyer.
6. Defective situation liability rights apply to the Seller from whom the item was purchased, without undue delay after finding it.
7. A defective situation for which the warranty period applies shall lapse if they are not applied during the warranty period.
8. The period from the applying for the right of liability for defects until the time when the Buyer was obliged to take over the item after the repair is completed is not included in the warranty period.
9. If the item is exchanged in order to satisfy claims for defects, the warranty period begins to run again from the date of receipt of the new item.
10. The Seller is not responsible for defects caused:

• by mechanical damage due to improper handling or treatment contrary to the instructions for use,
• by normal wear and tear,
• by intervention by an unauthorized person, including the user, or other unprofessional intervention,
• by the error of the Buyer, relating to the properties of the goods, which he assumed from the photographs of the offered goods in the e-shop when ordering the goods,
• by changing the consumables,
• as a result of repairs to the goods by an unauthorized person

VIII. Complaints about goods

Complaint means the application of liability for defects of the goods by the Buyer or if the goods were not delivered in the correct quantity and quality.

1. The Seller is obliged to issue a confirmation of the complaint to the Buyer when making a complaint. If the complaint is made by means of long-distance communication, the Seller is obliged to deliver the confirmation of the complaint to the Buyer without undue delay, but no later than together with the proof of the complaint. Confirmation of the claim does not have to be delivered if the Buyer has the opportunity to prove the claim in another way. The Seller is obliged to issue a written document on the handling of the complaint no later than 30 days from the date of the complaint.
2. In case of a complaint, if the defect can be removed, the Buyer has the right:

• that the defect is rectified free of charge, on time and properly. In such a case, the Seller is obliged to eliminate the defect without undue delay, taking into account the nature and extent of the defect.
• instead of eliminating the defect, request an exchange of the item, or if the defect concerns only a part of the item, replacement of the part, if the Seller does not incur disproportionate costs due to the price of the goods or the severity of the defect.

3. The Seller may always, at his own discretion, instead of eliminating the defect, replace the defective item with a new one, if this does not cause serious difficulties for the Buyer. However, if the Buyer is unable to use the item properly due to the recurrence of the defect after repair or due to a larger number of defects, the Buyer has the right:

• for the exchange of a thing; or
• withdraw from the contract.

4. The recurrence of a defect after repair is generally considered to be a defect that occurred after at least two previous repairs of this defect. However, it is not the same defect if another defect appears after the previous repair, which has not yet been claimed by the Buyer. A large number of defects are considered to have occurred if the goods have at least three remediable defects at the same time, each of these defects separately preventing the proper use of the goods. In the case of a defect which cannot be remedied and which prevents the product from being properly used as a product without defects, the Buyer has the right:

• for the exchange of a thing; or
• withdraw from the contract.

5. In the case of another irreparable defect, which does not prevent the product from being used properly, the Buyer is entitled to a reasonable discount on the price of the product. The choice of the applied right from the defect is up to the Buyer. Based on the decision of the Buyer, which applies the law of defects, the Seller is obliged to determine the method of handling the complaint without undue delay, in more complex cases no later than 3 working days from the date of the complaint, in justified cases, especially if a complex technical assessment within 30 days from the date of the complaint. After determining the method of handling the complaint, the complaint will be settled immediately; however, the settlement of the complaint should not take longer than 30 days from the date of the complaint. After the expiration of the time limit for handling the complaint, the Buyer has the right to withdraw from the contract or to exchange the goods for a new product. If the Buyer is a consumer and has made a claim for the goods within the first 12 months of purchase, the Seller may handle the claim by rejection only on the basis of professional judgment; regardless of the result of the expert assessment, the consumer may not be required to pay the costs of the expert assessment or other costs related to the expert assessment. The Seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint. If the consumer is the Buyer and the claim for the goods was made 12 months after the purchase and the Seller rejected it, the person who handled the complaint is obliged to state in the proof of claim to whom the consumer can send the goods for professional assessment. If the goods are sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related purposefully incurred costs, shall be borne by the Seller, regardless of the result of the expert assessment. If the consumer proves by professional assessment the responsibility of the Seller for the defect, he can file a complaint again; the warranty period does not run during the professional assessment. The Seller is obliged to reimburse the consumer within 14 days from the date of re-application of the complaint all costs incurred for professional assessment, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.

Online complaint form

IX. Withdrawal from the contract

1. If the Buyer is a consumer, he has the right to withdraw from the contract within 14 days from the date of receipt of the goods from the purchase contract without giving a reason.
2. If the Buyer is a consumer, he has the right to withdraw from the contract even before the start of the period for withdrawal from the contract, i.e., before the moment of taking over the goods.
3. The Buyer is entitled to withdraw from the contract if the Seller does not fulfil the obligation to deliver the ordered goods within 30 days and does not deliver the goods, even within an additional reasonable period or within the period specified by the Buyer in accordance with Art. V point 11 of the GTC.
4. The Buyer can exercise the right to withdraw from the contract with the Seller in paper form by delivering a notice of withdrawal to the address of the Seller's registered office or in the form of a record on another durable medium, e.g., by fax or e-mail (hereinafter referred to as "notice of withdrawal").
5. If the Buyer is a consumer, he can use the withdrawal form from the contract, according to Annex no. 3 of Act no. 102/2014 Coll.
6. The period for withdrawal from the contract by the Buyer - consumer is considered to be maintained if the notice of withdrawal was sent to the Seller no later than the last day of the period.
7. The Seller is obliged:

• without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to return to the Buyer-consumer all payments received from him under or in connection with the contract, including transport, delivery and postage and other costs and fees,
• return the payment to the Buyer-consumer in the same way as the consumer used in his payment. This does not affect the Buyer's right to agree with the Seller on another method of payment, if no additional fees will be charged to the consumer.

8. The Seller is not obliged to reimburse the Buyer-consumer for additional costs, if the Buyer-consumer has explicitly chosen a different method of delivery than the cheapest standard method of delivery offered by the Seller. Additional costs are the difference between the delivery costs chosen by the Buyer-consumer and the costs of the cheapest standard delivery method offered by the Seller. Upon withdrawal from the contract, the Seller is not obliged to return the payment to the Buyer - consumer before the goods are delivered to him or until the Buyer - the consumer proves the return of the goods to the Seller, unless the Seller proposes to pick up the goods in person or through a person authorized by him. If the Buyer-consumer withdraws from the contract without giving a reason, he bears the cost of returning the goods to the Seller and the cost of returning the goods, which due to its nature cannot be returned by mail. The Buyer is obliged to send the goods back or hand them over to the Seller or a person authorized by the Seller to take over the goods no later than 14 days from the date of withdrawal from the contract. This does not apply if the Seller proposes to pick up the goods in person or through a person authorized by him. The period referred to in the first sentence shall be deemed to have been observed if the goods were handed over for transport not later than the last day of the period.

9. The Buyer cannot withdraw from the contract, the subject of which is:

• sale of goods made according to the special requirements of the Buyer, custom-made goods or goods designed specifically for one Buyer,
•  the sale of goods which are subject to rapid deterioration.

10. The Buyer - the consumer is only responsible for the reduction in the value of the goods, which arose as a result of such treatment of the goods, which is beyond the treatment necessary to determine the properties and functionality of the goods.
11. The Seller is entitled to withdraw from the purchase contract in case:

• sold out stocks
• unavailability of goods
• force majeure
• non-delivery of goods to the Buyer within the period, according to these GTC or at the agreed price
• the Buyer's delay in taking over the goods lasting more than 30 days according to Art. V point 11 of the GTC

12. In the event of withdrawal from the purchase contract in the event of the Buyer's delay in taking over the goods lasting more than 30 days under Art. V point 12 of the GTC, the Seller has the right to reimbursement of costs incurred in connection with the acquisition and delivery of goods to the Buyer, including the storage fee. These costs can be offset by the Seller against the purchase price already paid or advance payment for its payment. The Seller is obliged to return the rest of the purchase price to the Buyer within 14 days of withdrawal from the contract, by non-cash transfer to the Buyer's account, unless the parties agree to another method of refunding the purchase price. The Seller is obliged to immediately deliver the withdrawal from the purchase contract to the Buyer and return the advance payment or purchase price of the ordered goods within 14 days of withdrawal from the contract by cashless transfer to the account specified by the Buyer, unless the parties agree to another method of refunding the purchase price. Withdrawal from the purchase contract does not terminate the right of the Seller to compensation for damages against the Buyer under the conditions set by the relevant legal regulations, published in the Collection of Laws of the Slovak Republic.
13. The provisions of this article of the GTC, which regulate the legal relations between the Seller and the Buyer - the consumer, apply exclusively to the legal relations between the Seller and the Buyer, who is a consumer within the meaning of the relevant legal regulations. Legal relations between the Seller and the Buyer - entrepreneur are governed by the other provisions of this article of the GTC and the relevant legislation.

X. Duration of the contract

1. The purchase contract is concluded for a definite period of time, until the fulfilment of the obligations of the contracting parties arising from it.

XI. Supervisory authority

The supervisory authority is: SOI Inspectorate for the Trnava Region Pekárska 23, 917 01 Trnava 1
Supervision Department tel. no. 033/321 25 27, 033/321 25 21, fax no. 033/321 25 23.

XII. Alternative resolution of consumer disputes

1. The Buyer has the right to contact the Seller to request corrective action if not satisfied with the way the Seller handled his complaint or if the Buyer believes that the Seller violated his rights. The Buyer has the right to submit a proposal for the initiation of alternative dispute resolution (hereinafter "proposal") to the subject of alternative dispute resolution, if the Seller responded to the request under the previous sentence or did not respond within 30 days from the date of dispatch. The possibilities and conditions for resolving a dispute through an alternative dispute resolution system are set out in Act no. 391/2015 Coll. on alternative dispute resolution for consumer disputes.
2. The proposal is submitted by the Buyer to the relevant alternative resolution of consumer disputes entity; the possibility of going to court is not affected. If more than one alternative resolution of consumer dispute entities is competent for alternative resolution of consumer disputes, the Buyer has the right to choose which one to submit a proposal to.
3. The proposal must contain:

• a) name and surname of the Buyer, address for delivery, electronic address and telephone contact, if any,
• b) exact name of the Seller,
• c) a complete and comprehensible description of the decisive facts,
• d) an indication of what the Buyer is requesting,
• e) the date on which the Buyer turned to the Seller with a request for redress and information that the attempt to resolve the dispute directly with the Seller was unsuccessful,
• f) a statement that the same proposal was not sent to another ADR entity, the court or arbitral tribunal did not decide the case, the mediation agreement was not concluded in the case or the ADR was not terminated in the case pursuant to § 20 para. 1 letter a) to e) of Act no. 391/2015

4. The Buyer shall attach to the proposal documents related to the subject matter of the dispute, which prove the facts stated in the proposal. The proposal may be submitted in paper form, in electronic form or orally in the minutes.
5. The Buyer may file a proposal to initiate alternative dispute resolution through the online consumer dispute resolution platform (RSO platform), which is in accordance with the provisions of Art. Regulation (EU) No 5 of the European Parliament and of the Council. 524/2013 on the resolution of consumer disputes online, amending Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC, the official website managed by the European Commission:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

6. The provisions of this article of the GTC apply exclusively to the legal relations between the Seller and the Buyer, who is a consumer within the meaning of the relevant legal regulations.

 

XIII. Privacy

1. By placing an order on the website www.argus-shop.sk, the Buyer voluntarily provides his personal data and agrees with the processing of his personal data specified in the order in the Seller's information systems to the extent: name, surname, address, telephone number, email (hereinafter "personal information").
2. The Buyer acknowledges that the personal data provided to the Seller are processed in all his information systems, for the purpose of concluding and fulfilling the Contract on the basis of the GTC (within the meaning of Article 6 (1) (b) of the GDPR) for the time necessary for fulfilment of the Contract and fulfilment of the Seller's obligations pursuant to generally binding legal regulations, including the handling of complaints.
3. The Buyer has agreed that the personal data he has provided are processed by the Seller in all its information systems, for the purpose of sending information and offer e-mails of the Seller (within the meaning of Article 6 (1) (a) of the GDPR) for a definite period, and this until the fulfilment of the purpose of personal data processing - 10 years from the termination of the provision of Services to the Buyer.
4. Based on the provisions of Art. 13 GDPR The Buyer acknowledges that: (I) has the right to request from the Seller access to his personal data, has the right to request from the Operator their correction or deletion or restriction of processing; (II) has the right to object against the processing as well as the right to data portability; (III) has the right to complain to the supervisory authority; (IV) the provision of personal data is a requirement that is necessary for the conclusion of the contract, The Buyer is not obliged to provide personal data, but as a result, the contract between him and the Seller cannot be concluded; (V) the provision of personal data with the consent of the Buyer for the purpose of sending emails about current news and offers is not a legal or contractual requirement, The Buyer is not obliged to provide personal data, but as a result, the purpose for which his personal data are processed in this way, it will not be possible for the Seller to fulfil; (VI) has the right to withdraw the consent without prejudice to the lawfulness of the processing based on the consent given before its withdrawal by sending it to the e-mail address eshop@argus-sk.sk.
5. The Buyer acknowledges that the Conditions of Personal Data Protection within the meaning of the GDPR Regulation are set out in a separate section "Personal Data Protection".
6. By publishing in accordance with the previous point of this article, the Seller fulfils its obligation under Art. 13 and 15-22 GDPR.
7. We ensure satisfaction with the purchase of the customer on the argus-shop.sk by means of email questionnaires within the Customer Verified program, in which our e-shop has been included. An email will be sent to the customer whenever he buys from us, unless Argus refuses to send it. We process personal data for the purpose of sending questionnaires within the Customer Verified program on the basis of our legitimate interest, which consists in determining the satisfaction of our customer with the purchase from us. To send a questionnaire, evaluating your feedback and analyses our position in the market, we use a processor, which is Heuréka.sk. For these purposes, Heureka.sk can provide information on the purchase of goods and your e-mail address. Your personal data is not provided to a third party for its own purposes when sending email questionnaires. When sending e-mail questionnaires within the Customer Verified program, the customer can object at any time by rejecting other questionnaires using the link in the email, that contains the questionnaire. In case of the customer's objection, the questionnaire will not be sent to the given email address.

XIV. Final provisions

1. The Seller is entitled to change, supplement, cancel or replace these GTC due to a change in legislation, a change in the market situation, a change in business policy or on the basis of its decision. The Seller is obliged to notify the Buyer of the change of the GTC, stating its validity and effectiveness, by publishing it on the website of the Seller's e-shop no later than 14 days before the effective date of the change of the GTC. The change of the GTC is not a fact that would require the conclusion of a written amendment to the contract. In the event when Buyer disagrees with the change of the GTC, the Buyer has the right to withdraw from the purchase contract in writing no later than on the last working day before the effective date of the change of the GTC, otherwise the Buyer's right to withdraw from the purchase contract. If the Buyer does not properly and in time apply the right to withdraw from the purchase contract in accordance with this point, it is valid that the Buyer agrees with the change of the GTC. The provision of this point does not apply to the legal relationship between the Seller and the consumer Buyer.
2. The contracting parties have agreed that communication between them, including changes to the concluded purchase contract, will be carried out by e-mail via the e-mail address of the Seller specified in these GTC and the e-mail address of the Buyer specified in the order, unless these GTC allow other forms of communication. E-mails sent or delivered to other email addresses do not produce the intended legal effects, unless the parties agree otherwise. All acts under this contract are performed in the English language, unless the parties agree otherwise.
3. These GTC come into force and effect on the day of their publication on the Seller's e-shop website.
4. The Buyer has the right to cancel his registration in the e-shop at any time by sending an email with a request to cancel the registration to the Seller's address or a written request to the Seller's address.
5. In the event that some provisions of these conditions become invalid or unenforceable, in whole or in part, the validity and enforceability of the other provisions and the remaining parts of the relevant provision of these GTC remain unaffected.
6. Legal relations not regulated by these GTC are subject to the legal regulations of the Slovak Republic, namely the relevant provisions of Act no. 513/1991 Coll. Of the Commercial Code, as amended, if the Buyer is an entrepreneur and Act no. 40/1964 Coll. Of the Civil Code as amended, Act no. 102/2014 Coll. as amended by later regulations and Act no. 22/2004 Coll. as amended, Act no. 250/2007 Coll. as amended if the Buyer is a consumer.
7. If any disputes between the Seller and the Buyer cannot be resolved out of court, the dispute will be decided by the competent court of the Slovak Republic.

 

These GTC come into force on the 3^rd of August 2022.