General Terms and Conditions for Non-Consumers
1. Subject of the amendment
1.1. These General Terms and Conditions regulate the rights and obligations of the Buyer and the company VYBO Electric a.s., with its registered office at Radlinského 18, 05201 Spišská Nová Ves, ID No.: 45537143, VAT No.: SK2023029822, registered in the Commercial Register maintained by the District Court in Košice I, Section: Sa, Insert No. 1689/V, – (hereinafter referred to as “VYBO Electric a.s.” or “VYBO Electric”) when concluding purchase agreements via the Internet, via the e-shop at www.electric-motors-vybo.co.uk.
1.2. The Buyer within the meaning of this part of the Terms and Conditions is an entrepreneur or a person who is not a consumer (hereinafter referred to as “entrepreneur”).
1.3. The entrepreneur within the meaning of these Terms and Conditions is a person registered in the Commercial Register; a person who conducts a business on the basis of a trade license; a person who conducts a business on the basis of a license other than a trade license under a special regulation; a natural person who conducts agricultural production and is registered in the register under a special regulation.
1.4. When placing an order, the Buyer – entrepreneur provides his company name, registered office (place of business), ID number, VAT, telephone number and e-mail contact of the person acting on behalf of the entrepreneur.
1.5. The Buyer – entrepreneur acknowledges that the warranty conditions regulated in these Terms and Conditions, as well as the complaint procedure itself, may differ from those in the Terms and Conditions for consumers.
1.6. The parties agree that by submitting an order to the Seller, the Buyer confirms that he agrees that these General Terms and Conditions and their terms apply to all sales contracts concluded on an e-commerce website operated by the Seller, on the basis of which the Seller supplies the Buyer with the goods presented on the said website (hereinafter referred to as the “Sales Contract”), as well as to all relations between the Seller and the Buyer, in particular arising from the conclusion of the Sales Contract and the complaint of the goods.
1.7. The General Terms and Conditions are an integral part of the Sales Contract. In the event that the Seller and the Buyer conclude a written Sales Contract in which they agree on terms that deviate from the General Terms and Conditions, the provisions of the Sales Contract shall prevail over the General Terms and Conditions.
1.8. The legal relations between the Seller and the Buyer who is an entrepreneur, which are not expressly regulated by these General Terms and Conditions or the framework agreement between the Seller and the Buyer, shall be governed by the relevant provisions of the Commercial Code.
1.9. The list of goods on an e-commerce website operated by the Seller is a catalogue of the goods usually supplied and the Seller does not guarantee the immediate availability of all goods listed. The availability of the goods will be confirmed to the Buyer upon his request.
2. Method of concluding a purchase contract
2.1. The purchase contract is concluded by the seller’s binding acceptance of the buyer’s proposal for the conclusion of the purchase contract in in the form of an e-mail message from the buyer sent to the seller or in the form filled in and sent by the buyer form on the seller’s website or in the form of a telephone order from the buyer to the seller (hereinafter referred to as “order”).
2.2. Binding acceptance of the buyer’s order by the seller is an e-mail confirmation from the seller to the buyer acceptance of the order after the previous acceptance of the order by the buyer and after verification of the availability of goods, valid prices and of the delivery date of the goods requested by the buyer marked as “order confirmation”. In case of finding a higher price the seller has the obligation to request the customer’s consent to change the price according to the current price list before confirmation orders. Only by granting the customer’s consent to the price change and subsequent confirmation (acceptance) of the order by the party the seller, the contractual relationship is considered concluded. All prices for goods and services and all fees in internet sales are listed including VAT. Automatically executed Notice of acceptance of the order into the electronic system of the seller, which the buyer receives to his e-mail address immediately after sending his order, is not considered binding order acceptance; this Notice is only informative in nature for the purpose of informing the buyer about receiving his order. If necessary, all additional information will be sent to the buyer’s e-mail address regarding his order.
2.3. The binding acceptance of the order contains, in particular, data on the name and specification of the goods whose sale is the subject
of the purchase contract, further information on the price of the goods or other services, information on the delivery time of the goods, the name and information on the place where it is the goods have been delivered and information about the price, conditions, method and date of transporting the goods to the agreed place of delivery of the goods for the buyer, information about the seller (business name, registered office, ID number, registration number in the commercial register, etc.), or other data.
2.4. The buyer can deliver via e-mail or by phone to the seller within 24 hours from upon delivery of the order to the seller, a notification that the order is being cancelled. The buyer is obliged to notify the cancellation of the order enter the name of the e-mail, the description of the ordered goods. In case of cancellation of the order, the seller does not charge the buyer any fees related to order cancellation. If the buyer paid the seller the purchase price or part of it on time until the cancellation of the order, the seller will return the already paid purchase price or part of it within 14 days from the cancellation of the order by transfer to the buyer’s bank account, unless the contracting parties agree on another way of returning the purchase price.
2.5. According to the amendment to the Act no. 222/2004 Coll., on value added tax, it is not possible from 1.1. 2013 change the data in the already issued tax document (invoice). The data in the tax document (invoice) can only be changed if the customer still has the goods did not accept and did not pay.
2.6. In the case of ongoing promotions, the sale of goods on the seller’s website is managed in addition to these general terms and conditions as well as the binding conditions of the relevant action. In case the buyer orders goods in contradicts the conditions of the relevant promotion, the seller is entitled to cancel the buyer’s order. About cancellation order, the customer will be informed via e-mail and in case of payment of the purchase price or its part, they will be funds returned within 14 days to the account designated by him, unless otherwise agreed with the seller.
3. Rights and obligations of the seller
3.1. The seller is obliged to:
a./ to deliver the goods in the agreed terms based on the order confirmed by the seller to the buyer quantity, quality and date and pack it or equip it for transport in the manner necessary for its preservation and protection,
b./ to ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic
c./ hand over to the buyer at the latest together with the goods in written or electronic form all documents required for taking over and using the goods and other documents prescribed by applicable laws regulations (instructions in the Slovak language, tax document).
3.2. The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
3.3. The seller has the right to cancel the order if he is unable to due to stock out or unavailability of the goods deliver the goods to the buyer within the period determined by these terms and conditions or at the price stated in the online price store, unless the customer agrees on alternative delivery. The customer will be informed about the cancellation of the order by phone or e-mail, and in case of payment of the purchase price or part of it, the funds will be returned to him within the period of 14 days to the account designated by him, unless otherwise agreed with the seller.
3.4. The company VYBO Electric a. with. reserves the right to verify the identity of the buyer or the person authorized to receive the goods in cases where the delivery of the goods is paid for by the buyer in advance by card, via bank transfer or through an invoice with due date.
4. Rights and obligations of the buyer
4.1. The buyer is obliged to:
a./ take over purchased or ordered goods,
b./ pay the seller the agreed purchase price within the agreed due date inclusive the cost of delivering the goods,
c./ not to damage the good business name of the seller
d./ to confirm receipt of the goods in the delivery note with his signature or the signature of someone authorized by him persons
4.2. The buyer has the right to deliver the goods in the quantity, quality, date and place agreed by the contracting parties in binding acceptance of the order.
5. Delivery and payment conditions
5.1. The goods are sold according to the displayed samples, catalogs, type sheets and models of the seller located on the seller’s e-commerce website.
5.2. The seller is obliged to fulfill the buyer’s order and deliver the goods to the buyer within 30 days of acceptance orders of the buyer by the seller; the buyer accepts this delivery period without reservation.
5.3. The buyer is obliged to take over the goods at the place indicated in the acceptance of the buyer’s order by the seller. If the buyer does not take over the goods within five working days without prior written withdrawal from the contract after the expiration of the period specified in the purchase contract, the binding acceptance, the seller is entitled to claim compensation for the incurred damage in the amount of the actual costs of the unsuccessful attempt to deliver the order. After five working days from the day on which the buyer was obliged to take over the goods, the seller is entitled to withdraw from the purchase contract and sell goods to a third party.
5.4. The seller is entitled to invite the buyer to take over the goods before the expiration of the period agreed in the purchase contract.
5.5. Weight, dimensions and other data about the goods contained in catalogs, prospectuses and other documents of the seller given by the manufacturer may differ from reality by ± 20% of the stated value.
5.6. The place of delivery of the goods is the place indicated in the acceptance of the order by the seller, if the contracting parties do not agree in sales contract otherwise.
5.7. In the event that the seller delivers the goods to the buyer to the place specified by the buyer in the purchase contract, the buyer is obliged take over the goods personally or ensure that the goods are taken over by a person whom he authorizes in case of his absence to taking over the goods specified in the purchase contract and signing the protocol on the delivery and handover of the goods. Third person authorized to take over the goods specified in the purchase contract is obliged to submit the original or a copy to the seller purchase contract and proof of payment for the goods and a written authorization. If it is necessary to repeat the delivery of the goods from due to the absence of the buyer at the place specified in the purchase contract, all costs incurred as a result shall be paid by the buyer, namely in particular repeated delivery of goods to the destination in the purchase contract.
5.8. The buyer is obliged to check the shipment, i.e. the goods, as well as their packaging, immediately upon delivery. In case that the buyer discovers that the goods or the packaging of the goods is mechanically damaged, he is obliged to notify the carrier of this fact and for his present to check the condition of the goods. In the event that damage to the goods is discovered upon receipt by the buyer, the buyer is obliged to do so immediately when taking over the goods, make a record of the extent and nature of the damage to the goods (damage record), the correctness of which will be confirmed carrier. On the basis of the record thus prepared and delivered to the seller, the seller may, after closing the claim events with the carrier to provide elimination of the lack of goods, a discount on the goods and in case of irreparable errors of the goods deliver new goods to the buyer.
5.9. Upon delivery of the shipment by Slovak Post in the event of detection of a violation or damaged packaging, damage with loss of content, we recommend not accepting the shipment, or dealing with the employee directly transport company, or with a worker at the counter of the post office on the spot by noting the damage. In case of taking over a detection of broken or damaged packaging, damage with loss of content, please report this event no later than 24 hours from receiving the parcel at any branch of the Slovak Post. It is necessary to write a damage report damaged product, packaging of the shipment and receipt of the shipment, receipt document – invoice. About reporting and recording the minutes about damage at any branch of the Slovak Post, you can inform us by e-mail: reklamacie@vyboelectric.eu.
5.10. Claims for mechanical damage to the product, which was not apparent when the shipment was received, must be made immediately
after receiving the shipment, but no later than 24 hours after the delivery of the goods. It is the customer’s responsibility to prove that the mechanical damage was not possible even with a thorough inspection of the product and its packaging according to point 5.8. discover. Later complaints mechanical damage to the product can no longer be recognized. Before the first use, the buyer is obliged to study the warranty conditions, including the Slovak/Czech user manual, and then to strictly follow this information.
5.11. The customer is obliged to check the completeness of the packaging when taking over the product (both personal and non-personal). Upon delivery the buyer must write a damage report on the spot about the incompleteness of the package to the courier. In the case of personal collection, the buyer is obliged check the contents of the package immediately, additional claims will not be accepted.
5.12. The buyer is entitled in the event of non-delivery of the goods by the seller within the period specified in the relevant paragraph Business conditions to withdraw from the purchase contract and the seller is obliged to return the already paid part of the purchase price to the buyer prices in terms of these general terms and conditions.
5.13. The buyer receives an invoice in printed form for each shipment. Where a warranty card is required, you will receive it in the package.
5.14.Methods of payment: In cash upon receipt of goods at the branch, Payment on delivery, Payment on account.
5.15. Payment in advance by bank transfer. If you choose to pay by classic bank transfer, we will automatically send you instructions for making the payment by email. When paying in advance by bank transfer, the delivery date may be affected by the deadline settlement of payment. It is necessary that the amount be credited to our account no later than five working days after confirmation order, otherwise the order can be considered cancelled. When picking up the goods in person, it must be presented proof of identity (identity card, passport).
6. Purchase price
6.1. The buyer is obliged to pay the seller the purchase price of the goods agreed in the Purchase Agreement or according to the price list
of the seller valid at the time of the conclusion of the purchase contract, including the costs of delivery of the goods (hereinafter referred to as the “purchase price”) in the form of cash payment at the designated establishment of the seller, cash on delivery at the place of delivery of the goods, cash on delivery through a company providing courier services (charged EUR 1.0) or by cashless transfer to the seller’s account, specified in the binding acceptance of the order.
6.2. If the buyer pays the seller the purchase price by non-cash transfer, the day of payment is considered the day, when the entire purchase price was credited to the seller’s account.
6.3. The buyer is obliged to pay the seller the purchase price for the agreed goods within the period according to the purchase contract, at the latest however, upon receipt of the goods.
6.4. If the buyer pays the seller the purchase price for the goods agreed in the purchase contract, the buyer is entitled withdraw from the purchase contract and demand the return of the purchase price only in accordance with the applicable legal regulations of the Slovak Republic.
6.5. The costs associated with the assembly and delivery of the goods are not included in the purchase price of the goods and the seller is not the seller of these services obliged to provide the buyer.
6.6. All promotions are valid while supplies last, unless otherwise stated for a specific product.
7. Acquisition of ownership and passing of the risk of damage to the goods
7.1. The buyer acquires ownership rights to the goods only upon full payment of the entire purchase price for the goods.
7.2. The risk of damage to the goods passes to the buyer at the time he takes over the goods from the seller, or when he does not do so in time, i.e. at the time when the seller allows him to dispose of the goods and the buyer does not take over the goods
8. Complaints procedure (responsibility for errors, warranty, complaints)
8.1. The seller is responsible for manufacturing defects of the goods. The buyer, who is an entrepreneur, is obliged to make a complaint immediately apply at the seller.
8.2. The handling of complaints is subject to the valid Complaints Regulations, in those parts that concern entrepreneurs, published on the seller’s website listed above. If the provisions of the Complaints Procedure, published on the seller’s website mentioned above were contrary to the provisions of this Complaints Procedure according to the following Business terms and conditions for entrepreneurs, in case of a complaint by an entrepreneur, the provisions according to these Business Terms and Conditions apply conditions for entrepreneurs. By clicking the box before sending the order to the seller, the buyer confirms that he He has read the complaint procedure and agrees with it in its entirety, and at the same time confirms that he has been properly informed about the conditions and method of claiming the goods, including information on where the claim can be made and on the performance of the warranty repair
8.3. The complaint procedure applies to goods purchased by the buyer from the seller in the form of electronic commerce at the seller’s e-commerce website.
8.4. The complaint procedure in this form is valid for all business cases, unless otherwise contractually agreed Warranty conditions.
8.5. The buyer has the right to claim a warranty from the seller only for goods that show defects caused by the manufacturer, supplier or seller, it is covered by warranty and was purchased from the seller.
8.6. The buyer is obliged to inspect the goods upon receipt of the goods. If he does not do so, he can make claims from mistakes detected during the inspection, only if he proves that the goods already had these defects at the time of receipt of the goods.
8.7. During the warranty period, the customer has the right to have the defect removed free of charge after presenting the goods, including accessories, documentation and instructions to the authorized representative of the seller, or to the service center together with the warranty card, if it was supplied by the manufacturer, and proof of payment.
8.8. If the goods show defects, the customer has the right to file a complaint directly with the seller. Then the customer applies complaint at the seller’s establishment by delivering the goods to the seller’s establishment at the address VYBO Electric, a.s. – Servis, Radlinského 18, 052 01 Spišská Nová Ves, fills out the claim form and delivers it to the seller. The form of the form is determined by the seller and its model is placed on the seller’s website. The buyer is obliged in the form to indicate exactly the type and extent of defects in the goods. Claims procedure for goods that can be objectively delivered to the seller begins on the day when all the following conditions are met:
1. delivery of the completed complaint form from the buyer to the seller (Complaint Protocol)
2. delivery of the claimed goods from the buyer to the seller,
3. delivery of passwords, etc. to the goods from the buyer to the seller (applies to frequency converters) The seller recommends that the buyer insure the shipment of goods. The seller does not accept the goods sent on cash on delivery. The beginning of the complaint procedure is also the day of application of the complaint. The claimed goods must be delivered to the registered office the seller, if the seller or the specified person does not specify otherwise (e.g. deliver the goods directly to the specified person). In case If you have any questions, please contact VYBO Electric a. with. to the number +421 951 183 424, or to e-mail reklamacie@vyboelectric.eu
8.9. The buyer is obliged to complain about product defects to the seller without undue delay, otherwise the buyer’s right to against the seller to remove the error free of charge.
8.10. The 30-day period in accordance with the Act on consumer protection. The deadline for dealing with complaints for entrepreneurs is not regulated by law, complaints from entrepreneurs however, in terms of these Terms and Conditions, our company undertakes to deal with it within 60 days.
8.11. The buyer does not have the right to apply the warranty for errors that were notified by the seller at the time of concluding the contract, or about which, taking into account the circumstances under which the purchase contract was concluded, he must have known.
8.12. The seller can always replace the defective item with a functional one instead of removing the defect, if this does not cause the buyer
serious difficulties.
8.13. The buyer’s right to claim the warranty with the seller expires:
1. by not presenting proof of payment, accessories or documentation of the goods,
2. failure to report obvious errors when taking over the goods,
3. upon expiry of the warranty period of the goods,
4. mechanical damage to the goods caused by the buyer,
5. using the goods in conditions that do not correspond to humidity, chemical and mechanical influences the natural environment or the environment intended for operation
6. by unprofessional handling, service or neglect of the care of the goods,
7. damage to the goods by excessive loading or use contrary to the conditions specified in documentation, general principles, technical standards or safety regulations valid in the Slovak Republic,
8. damage to the goods due to unavoidable or unforeseeable events,
9. damage to the goods by accidental damage and accidental deterioration,
10. unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other force majeure,
11. tampering with the goods by an unauthorized person, dismantling the goods, etc.
8.14. The warranty does not cover normal wear and tear of the item (or parts thereof) caused by use. Shorter product life therefore, it cannot be considered a defect and cannot be complained about.
8.15. In the event that the goods upon acceptance by the buyer are not in accordance with the purchase contract (the so-called discrepancy with the purchase contract), the the buyer has the right to have the seller bring the item to the condition corresponding to the purchase order free of charge and without unnecessary delay contract, according to the buyer’s requirements, either by exchanging the goods or by repairing them. If such a procedure is not possible, it can the buyer to demand a reasonable discount on the price of the goods or withdraw from the contract. This does not apply if the buyer before receiving the goods knew about the contradiction with the purchase contract or caused the contradiction with the purchase contract himself. Contradiction with the sales contract that will manifest itself within six months from the date of acceptance of the goods, it is considered a contradiction already existing at the time of its acceptance, if does not contradict the nature of the goods or if the contrary cannot be proven. In the event of a discrepancy between the goods and the contract, the entrepreneur is entitled to the so-called rectification, namely:
free of charge bringing the consumer goods into a state corresponding to the contract through repair
a reasonable reduction in the purchase price
substitute delivery of goods
by withdrawing from the contract
8.16. The seller is obliged to handle the complaint and end the complaint procedure in one of the following ways:
1. by handing over the repaired goods,
2. by exchanging goods,
3. by returning the purchase price of the goods,
4. by paying a reasonable discount on the price of the goods,
5. a written invitation to take over the performance specified by the seller,
6. justified rejection of the goods claim.
8.17. The warranty period is 12 months (unless a different warranty period is specified for specific cases) and starts from on the day of acceptance of the goods by the buyer. The warranty period is governed by the manufacturer’s warranty conditions in accordance with the relevant ones conditions according to the Commercial Code (§429 et seq.). For selected products, the manufacturer provides a guarantee for buyers limited.
8.18. The warranty period published in the product catalog on the page mentioned above is published in accordance with Civil Code and does not relate to entrepreneurs and therefore does not apply to these general terms and conditions.
8.19. The warranty period is extended by the period during which the buyer could not use the goods due to the warranty repair of the goods.
8.20. In case of exchange of goods for a new one, the buyer will receive a document on which the exchanged goods will be indicated, and any further claims are applied on the basis of the originally issued invoice and this claim document. In case of exchange goods for new ones, the warranty period starts again from the receipt of the new goods, but only for the new goods.
8.21. First, the customer can demand from the seller a free repair or a free replacement supply of consumables goods. The buyer has the right to exchange the goods only if this is not disproportionate due to the nature of the defect. About whether there is a defect proportionate, decidedly authorized service center in the form of a written assessment of this defect. Based on this the decision will be further processed according to the law.
8.22. All warranty repairs are provided that by the time they are applied, the right to apply the warranty has not expired according to point 8.13
of these general terms and conditions, free of charge.
8.23. If it is a defect that can be removed, the goods will be repaired. Unless repair is possible and the nature of the error does not prevent it usual use, the seller and the buyer can agree on a reasonable discount from the price of the goods. In the case of a discount, it is not
it is possible to complain about this error later.
8.24. If it is a defect that cannot be removed and which prevents the thing from being properly used as a thing without a defect, the seller is entitled to exchange defective goods for goods with the same or similar useful properties or will issue a credit note.
8.25. If the contract is violated in a substantial way by the delivery of goods with defects, the buyer can:
a) demand removal of defects by delivery of replacement goods for defective goods, delivery of missing goods and demand elimination of legal defects,
b) demand the removal of defects by repairing the goods, if the defects are repairable,
c) demand a reasonable discount from the purchase price or withdraw from the contract
8.26. The choice between the claims listed in 8.25 belongs to the buyer only if he notifies the seller in a timely notification of defects or without undue delay after such notification. The claimed claim cannot be changed by the buyer without consent the seller. However, if it turns out that the defects of the goods are irreparable or that their repair would be disproportionate costs, the buyer can demand the delivery of replacement goods if he asks the seller for it without undue delay after by the fact that the seller informed him of this fact. If the seller does not remove the defects of the goods within a reasonable additional period or if he announces before its expiration that he will not remove the defects, the buyer can withdraw from the contract or demand an adequate discount from the purchase price.
8.27. If the buyer does not notify the choice of his claim within the period specified in point 8.26., he has claims for product defects as in
minor breach of contract.
8.28. If the contract is violated in an insignificant way by the delivery of goods with defects, the buyer can demand either the delivery missing goods and removal of other defects in the goods, or a discount from the purchase price.
8.29. If the buyer does not claim a discount from the purchase price or withdraw from the contract, the seller is obliged to deliver missing goods and remove legal defects in the goods. He is obliged to remove other defects at his option by repairing the goods or delivery of replacement goods; however, the chosen method of removing defects must not cause the buyer to incur disproportionate costs.
8.30. If the buyer demands the removal of defects in the goods, he cannot do so before the expiry of the additional reasonable period that he is obliged to do provide for this purpose to the seller, assert other claims from product defects, except the claim for compensation for damages and for contractual fine, unless the seller notifies the buyer that he will not fulfill his obligations within this period. This deadline must be determined in in accordance with point 8.10. of these Business Terms and Conditions for Entrepreneurs.
8.31. If the buyer does not specify the deadline according to point 8.26. or does not claim a discount from the purchase price, the seller can
inform the buyer that he will remove the defects within a certain period. If the buyer without undue delay after receiving this
notification, does not notify the seller of its disagreement, this notification has the effect of determining the deadline according to paragraph 8.26.
8.32. If the seller does not remove the defects of the goods within the period resulting from point 8.26. or 8.27., the buyer can make a claim for a discount from the purchase price or to withdraw from the contract if he notifies the seller of his intention to withdraw from the contract when determining the deadline according to point 8.26 or within a reasonable period of time before withdrawing from the contract. The chosen claim cannot be made by the buyer without consent change the seller.
8.33. For the purposes of these Terms and Conditions, a breach of contract is material if the breaching party knew it at the time of the conclusion of the contract or at that time it was reasonable to foresee taking into account the purpose of the contract, which emerged from its content or from the circumstances under which the contract was concluded, that the other party will not be interested in fulfilling the obligations in doing so breach of contract. In case of doubt, it is assumed that the breach of contract is not material.
8.34. Complaint handling applies only to errors listed in the complaint form.
8.35. The buyer’s right to claim a product defect is after he has exercised his right and requested the seller to remove the defect in the goods according to these complaint and business conditions, exhausted and regardless for the result of the complaint, he is no longer entitled to apply again for the same unique error (not an error of the same type) complaint repeatedly.
8.36. Documents required to take over the claim goods at the branch in case of purchase by an entrepreneur, VAT payer:
Goods ordered for personal collection can only be taken over by the company manager or a person authorized by him.
If an employee of the company comes to pick up the goods, a manager’s authorization with the Citizen’s ID number is required with an authorized employee.
In order to verify the manager or a person authorized by him, it is necessary to present a valid ID card and An extract from the Commercial or Trade register to prevent confusion of persons when receiving goods.
8.37. Notices in connection with the claim:
Goods delivered for complaint containing access passwords to the system can be returned without repair, as it is not possible reinstallation of the device system and elimination of the system failure. The customer is obliged to indicate the given passwords when submitting claims, or remove them before delivery for a claim. It is not possible to handle the complaint without removing the passwords of the product. If access is blocked after the seller or the service center receives the complaint, it will be the date of delivery of access codes to the customer is taken as the beginning of the complaint procedure. If the customer handed over the equipment taken over without the original packaging or replacement packaging, the company VYBO Electric a.s. does not take responsibility for possible damage to the device during transport to the service center. In case of service
the center will change the software or firmware in the device, the company VYBO Electric a.s. not responsible for change of control device, for data loss, or for damage caused by the loss of data that was stored in the device.
9. Withdrawal from the purchase contract
9.1. The seller is entitled to withdraw from the purchase contract due to sold out of stocks, unavailability of goods, or if the manufacturer, importer or supplier of the goods agreed in the purchase contract interrupted production or made such serious changes, which made it impossible to fulfill the seller’s obligations arising from the purchase contract or for reasons of force majeure, or if, despite using all the efforts that can be fairly required of him, he is unable to deliver the goods to the customer within the period determined by these terms and conditions or at the price listed in the online store. The seller is obliged to immediately inform the buyer about this fact and return the already paid deposit for the goods agreed in the purchase contract within 14 days from the notice of withdrawal from the contract by transfer to the designated account to the buyer. The seller is entitled to withdraw from the purchase contract even if the buyer has not received the goods within five working days from the day when the buyer was obliged to take over the goods.
9.2. A buyer who is not a consumer has the option to withdraw from the purchase contract only with the consent of the seller.
9.3. The buyer, who is an entrepreneur, may be offered an alternative withdrawal from the purchase contract, depending on the situation
returned goods, lost warranty and current price of returned goods. The condition of the goods will be evaluated by the seller. In case failure to agree on conditions acceptable to both parties, the goods will be returned at the seller’s expense. Seller is entitled to charge the buyer for any additional costs incurred. The seller reserves the right not to allow withdrawal, due to the nature of the product and its condition at the time of return.
9.4. The buyer exercises his right to withdraw from the contract with the seller with the written consent of the seller form.
9.5. By withdrawing from the purchase contract, the buyer is mutually confirmed, obliged to deliver the goods to the seller together with
accessories, including documentation, instructions, warranty card, proof of payment, etc. in the original packaging and that by sending to the address: VYBO Electric, a.s.- Servis, Radlinského 18, 052 01 Spišská Nová Ves. The buyer sends to the seller goods together with accessories, including documentation, instructions, warranty card, proof of payment, etc. and in the original packaging (hereinafter referred to as “goods”) to the address according to the previous sentence only via courier service. Goods sent to the seller does not accept cash on delivery. We recommend insuring the goods.
9.6. If the buyer withdraws from the contract by mutual agreement, any supplementary contract related to contract from which the buyer withdrew.
9.7. The buyer can withdraw from the contract with the consent of the seller, the subject of which is the delivery of goods, even before it begins expiration of the withdrawal period.
9.8. After withdrawal from the contract agreed to by the seller, the seller will return the purchase price or part of it to the buyer, which the buyer has demonstrably paid in connection with the conclusion of the contract or will proceed in accordance with point 6.7. these general business conditions. The purchase price will be returned to the buyer after the delivery of the goods by the buyer within the deadline 14 days. The seller will refund the purchase price or its part by payment to the buyer’s bank account.
9.9. The seller is not obliged to return the purchase price or part of it to the buyer, according to point 9.8. these general terms and conditions before the goods are delivered to him from the buyer. Payment for the purchased goods will therefore be paid by the seller to the buyer only after the returned goods have been delivered to the address specified in point 9.5. these general business conditions.
10. VYBO Electric reserves the right to print errors.
General terms and conditions for persons who are consumers
1. Subject of modification
1.1. These General Terms and Conditions regulate the rights and obligations of the buyer and the company VYBO Electric a.s., with registered office: Radlinského 18, 05201 Spišská Nová Ves, ID: 45537143, VAT ID: SK2023029822, registered in the Commercial Register of the District Court Košice I., Section: Sa, insert number 1689/V, – (hereinafter referred to as “the company VYBO Electric a.s.” or only “VYBO Electric”) at the time of closing purchase contracts via the Internet, through the e-shop located at www.electric-motors-vybo.co.uk
2. Definitions
2.1. The terms defined in this article 2. for the purposes of these GTC have the meaning given in the following points of this article.
2.2. E-Shop. E-Shop is the online store of VYBO Electric located on the website www.electric-motors-vybo.co.uk, enabling the purchase of goods offered by VYBO Electric on the mentioned page.
2.3. Registration. Registration is filling out an electronic form containing fields for filling in data about the buyer, including personal data. Data marked with an asterisk are mandatory data, the filling of which is essential for successful registration. Registration is not a necessary condition for using the e-shop, but it is associated with certain benefits provided by VYBO Electric (discounts, regular information about discounts and promotions in VYBO Electric stores).
2.4. Buyer. Buyer, in the sense of this part of the Terms and Conditions, means the consumer.
2.4.1. For the purposes of these Terms and Conditions, a consumer is a natural person who, when concluding and fulfilling a purchase does not perform the contract within the scope of his business activity, employment or profession
2.4.2. When placing an order, the buyer as a consumer states his name, surname, residential address, phone number, and email contact.
2.4.3. The contracting parties have agreed that by checking the box before sending the order to the seller, the buyer confirms that
agrees that these general terms and conditions and their terms and conditions will apply to all sales contracts, concluded on any e-commerce website operated by the Seller, based on which the Seller delivers the goods presented on the website in question to the buyer (hereinafter referred to as the “purchase contract”) and to all relations between by the seller and the buyer, arising mainly when concluding a purchase contract and claiming goods.
2.4.4. The general terms and conditions are an integral part of the purchase contract. In the event that the seller and buyer close a written sales contract in which they agree on conditions different from the general business conditions, there will be provisions of the purchase contract preferred over the general terms and conditions.
2.5. Authorized person. The authorized person is a person, different from the buyer, listed in the binding order as the person to whom it belongs the ordered goods have been handed over. Indicating the name of the authorized person in the order form is considered to be his authorization to take over the ordered goods.
2.6. Order form. The order form is an electronic form containing the buyer’s personal data, or authorized person, designation of the ordered goods, purchase price of the ordered goods including VAT, place of delivery, method delivery (type of transport) of the goods and the price for delivery of the goods to the place of delivery.
2.7. Current offer of goods. The current offer of goods is the offer of goods published on the website mentioned above, which mainly contains a text description of the goods (e.g. type, type of electric motor, frequency converter, soft starter, gearbox, parameters, etc.) and information about the current price. Changes to the current product offer (including price changes) are effective from the moment their publication on the website mentioned above. For purchase contracts concluded before the respective change of the current offer this change does not apply to goods. The goods are mainly electric motors, frequency converters, soft starters and gearboxes…
3. Conclusion of purchase contracts
3.2 Binding acceptance of the buyer’s order by the seller is an e-mail confirmation from the seller to the buyer acceptance of the order after the previous acceptance of the order by the buyer and after verification of the availability of goods, valid prices and of the delivery date of the goods requested by the buyer marked as “order confirmation”. If a higher price is found, it has the seller is obliged to request the customer’s consent to change the price according to the current price list before confirming the order. Until by granting the customer’s consent to the price change and subsequent confirmation (acceptance) of the order by the seller considers the contractual relationship concluded. All prices for goods and services and all fees in the online store are included VAT Automatically executed Notice of acceptance of the order into the electronic system of the seller, which the buyer will receive to his e-mail address immediately after sending his order, is not considered binding acceptance of the order; this the notification has only an informative nature for the purpose of notifying the buyer of the receipt of his order. To an e-mail address the buyer will be sent all additional information regarding his order if necessary.
3.3. The binding acceptance of the order contains, in particular, data on the name and specification of the goods, the sale of which is the subject of the purchase order contract, further information on the price of goods or other services, information on the delivery time of the goods, the name and information on the place where the goods should be delivered and data on the price, conditions, method and date of transportation of the goods to the agreed place of delivery of the goods for the buyer, data about the seller (business name, registered office, ID number, registration number in the commercial register, etc.), or other data.
a./ Statement confirming that the buyer has familiarized himself with these General Terms and Conditions, which are an inseparable part of the Purchase Agreement and fully agrees with them;
b./ Declaration that he was informed of the possibility to withdraw from the Purchase Agreement,
c./ Granting unconditional consent to the processing and use of your personal data in accordance with Act no. 428/2002 Coll. about protection of personal data for internal purposes of VYBO Electric and in case the customer also provides data of a third party authorized to take over the goods, that he does so only with her consent and that the person concerned is familiar with the procedures, rights and obligations in these GTC,
d./ Declaration that all the information provided by him is true.
3.4. The proposal to conclude a contract expires:
a./rejection of the buyer’s proposal by VYBO Electric
b./ by the futile expiration of the 5-day deadline for accepting the proposal.
3.5. The acceptance of the proposal for the conclusion of the Purchase Agreement is a timely written statement by VYBO Electric addressed to the buyer, in which VYBO Electric confirms that it accepts the buyer’s proposal for concluding the Purchase Agreement. Timely acceptance of the proposal takes effect at the moment of delivery of acceptance of the proposal to the buyer by “Confirmation of the order” to the e-mail address stated in the order form. Silence or inaction by VYBO Electric does not constitute acceptance of the proposal.
3.6. The buyer does not have the right to conclude a purchase contract independently. VYBO Electric is entitled to reject the proposal for
conclusion of the Purchase Agreement also tacitly, or without giving a reason.
3.7. The purchase contract is concluded at the moment when the acceptance of the proposal for the conclusion of the contract takes effect, i.e. at the moment of delivery acceptance of the proposal – confirmed order to the buyer. The subject of the concluded Purchase Agreement is VYBO Electric’s commitment to deliver to the buyer the ordered goods to the designated place of delivery and the buyer’s obligation to deliver the goods at the place of delivery at the agreed time take over and pay for it the purchase price and shipping charges.
3.8. Any change to the order after the conclusion of the Purchase Agreement is a proposal to change the content of the Purchase Agreement and is possible only after mutual agreement between the buyer and VYBO Electric. VYBO is not a proposal to change the content of the Purchase Agreement Electric obliged to accept.
4. Rights and obligations of the seller
4.1. The seller is obliged to: deliver goods in the agreed quantity to the buyer based on the order confirmed by the seller, quality and deadline and pack it or equip it for transport in a way necessary for its preservation and protection ensure that the delivered goods met the valid legal regulations of the Slovak Republic to be handed over to the buyer together with the goods in written or electronic form at the latest in the form of all the documents necessary for taking over and using the goods and other documents prescribed by applicable legal regulations (tax document).
4.2. The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
4.3. The seller has the right to cancel the order if he is unable to deliver due to stock out or unavailability of goods to the buyer within the period determined by these terms and conditions or at the price stated in the online store, unless an alternative payment is agreed with the customer. The customer will be informed by phone about the cancellation of the order or by e-mail, and in case of payment of the purchase price or part of it, the funds will be returned to him within 14 days on designated account, unless otherwise agreed with the seller.
5. Rights and obligations of the buyer
5.1. The buyer is obliged to: take over the purchased or ordered goods, pay the seller the agreed purchase price in the agreed due date including the costs of delivery of the goods, not to damage the seller’s good business name, confirm v acceptance of the goods with your signature or the signature of a person authorized by the delivery note
5.2. The buyer has the right to deliver the goods in the quantity, quality, date and place agreed by the contracting parties in the binding order acceptance.
6. Purchase price of goods
6.1. The purchase price for the ordered goods is indicated in the current offer, in the order, as well as in the confirmation of the order, which is acceptance proposal for the conclusion of the contract by VYBO Electric. The purchase price includes VAT and is set in Euros.
6.2. The purchase price of the goods does not include the costs of transporting the goods from the VYBO Electric warehouse to the place of delivery, which will be borne by the buyer charged separately according to the method of transporting the goods to the place of delivery chosen by the buyer.
6.3. All promotions are valid while supplies last, unless otherwise stated for a specific product.
6.4. After concluding the Purchase Agreement, the buyer undertakes to pay the purchase price to VYBO Electric by one of the following methods, among which the buyer is entitled to choose when ordering goods:
a./ payment in advance to the account of VYBO Electric by payment order (before delivery of the goods),
b./ cash on delivery – payment in cash to the courier upon receipt of the goods
6.5. The buyer’s obligation to pay the purchase price is fulfilled when the purchase price is credited to VYBO Electric’s account stated in the order confirmation, or by handing over the purchase price to the courier. When paying to the account of VYBO Electric, the buyer undertakes to indicate the correct variable symbol indicated in the order confirmation. The buyer acknowledges that in case entering the wrong variable symbol, the electronic system may not assign the credited payment to his order.
6.6. The prices listed on our online store are valid at the time of ordering the goods. The prices of goods in the “Total price” section are
stated including VAT.
6.7 The display of goods on any e-commerce website operated by the seller is illustrative only. The display of color shades depends, among other things, on the quality of the monitor used, or another used by you devices
7. Delivery time
7.1. The delivery period in which VYBO Electric is obliged to deliver the goods to the buyer is stated in the order confirmation. Unless otherwise stated in the order confirmation, VYBO Electric undertakes to deliver the goods to the buyer no later than period of 15 days from order confirmation.
7.2. With different ways of delivering goods with high weights, or its transportation to the place of delivery is combined different delivery times. When choosing the method of delivery of the goods, the buyer is always provided with information about the delivery time for the given generally connects by means of transport. When delivering goods of standard weights, the delivery times are also standard.
7.3. When choosing the method of payment of the purchase price to VYBO Electric’s account, the delivery period starts from the credit
of the purchase price to the account of VYBO Electric, provided that the buyer has specified the correct variable symbol when paying. In case if the wrong variable symbol is entered, the delivery period begins to run only after the payment is assigned to the buyer’s order.
8. Place of delivery
8.1. The place of delivery is the address indicated by the buyer in the order as the place of delivery and by VYBO Electric confirmed the place of delivery.
9. Method of transportation of goods and place of delivery
9.1. The method of transporting the goods to the place of delivery can be chosen by the buyer in the process of ordering the goods.
9.2. The methods of transporting goods to the place of delivery are:
1. Delivery by courier within 2 days (cash on delivery)
2. In the case of an agreement on alternative transport by transport companies after a previous agreement on the transport price.
9.3. Information on the price of transportation (transportation fee) and the usual duration of transportation to the place of delivery is available on request.
10. Supply of goods
10.1. VYBO Electric’s obligation to deliver the goods is fulfilled by handing over the ordered goods to the buyer or authorized to the person at the place of delivery. The buyer is obliged to confirm the delivery and acceptance of the goods in writing in the delivery note, one of which will receive the copy at the same time. Along with the delivery note, the buyer receives an accounting document that also serves as a warranty card.
10.2. VYBO Electric’s obligation to deliver the goods is considered fulfilled even if VYBO Electric was ready to hand over the goods to the buyer at the agreed place and time, or if it allows him to take over the goods and the buyer he did not take over the goods for reasons other than those on the part of VYBO Electric.
10.3. In the event that the buyer does not accept the goods and the goods are returned to VYBO Electric, VYBO Electric is entitled to withdraw from the Purchase Agreement and demand compensation from the buyer for the costs of transportation and packaging related to the unsuccessful delivery of goods.
11. Liability for defects and warranty conditions
11.1. VYBO Electric is responsible for defects that the goods have when they are taken over by the buyer and were caused by VYBO Electric,
and also for defects that occur during the warranty period (production defects). The warranty period is 24 months and begins on the day of acceptance goods to the buyer. A tax document serves as a guarantee certificate. The seller is responsible for manufacturing defects of the goods and the buyer is obliged file a claim with the seller without delay in accordance with the valid Claims Procedure. Information about service points will be to the buyer, if necessary, provided upon request by telephone or e-mail.
11.2. The valid Complaints Procedure published on the seller’s website applies to the handling of complaints. Buyer by clicking the box before sending the order to the seller, he confirms that he has read the Complaints Policy and in its entirety with he agrees with it and at the same time confirms that he was properly informed about the conditions and method of claiming the goods, including information about where a claim can be made, and on the performance of warranty repairs in accordance with section § 18 par. 1 of Act no. 250/2007 Z . from. about protection consumer and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as “The law”).
11.3. The complaint procedure applies to goods purchased by the buyer from the seller in the form of electronic commerce at the seller’s e-commerce website.
11.4. The complaint procedure in this form is valid for all business cases, unless other guarantees are contractually agreed conditions.
11.5. The buyer has the right to claim a warranty from the seller only for goods that show defects caused by the manufacturer, supplier or the seller, it is under warranty and was purchased from the seller.
11.6. The buyer is obliged to inspect the goods immediately upon receiving the goods. If he does not do so, he can make claims from mistakes detected during this inspection, but must prove that the goods already had these defects at the time of receipt of the goods.
11.7. During the warranty period, the customer has the right to have the defect removed free of charge after presenting the goods, including accessories, documentation and instructions to the authorized representative of the seller together with the warranty card, or proof of payment which it also serves as a guarantee certificate.
11.8. If the goods show defects, the customer has the right to file a claim at the seller’s establishment in accordance with section § 18 par. 2 Act by delivering the goods to the address of VYBO Electric a.s. – Servis, Radlinského 18, 052 01 Spišská Nová Ves and fill out the form at application of the claim and delivers it to the seller. The form of the form is determined by the seller and its model placed on the Internet
on the seller’s page. The buyer is obliged to indicate exactly the type and extent of defects in the goods in the form. The customer has the right to apply complaint also with the person authorized by the manufacturer of the goods to carry out warranty repairs (hereinafter referred to as the “designated person”). List of designated of persons is stated in the warranty certificate or the seller sends it to the buyer at his request. Complaints procedure for goods that can be given objectively deliver to the seller begins on the day when all the following conditions are met:
a./ delivery of the completed claim form from the buyer to the seller,
b./ delivery of the claimed goods from the buyer to the seller,
c./ delivery of access codes, passwords, etc. to the goods from the buyer to the seller. The seller recommends that the buyer insure the shipment of goods. The seller does not accept the goods sent on cash on delivery. The beginning of the complaint procedure is also the day of application of the complaint. The claimed goods must be delivered to the registered office the seller, if the seller or the specified person does not specify otherwise (e.g. deliver the goods directly to the specified person). In case of any If you are unclear, please contact VYBO Electric a. with. to the number +421 951 183 424, or to the e-mail reklamacie@vyboelectric.eu.
11.9. The seller is obliged to accept the complaint at its registered office or at a designated person in accordance with sec. § 18 par. 2 of the Act.
11.10. The seller is at the place designated according to point 11.9 of these general terms and conditions for accepting complaints obliged to ensure the presence of a person authorized to handle complaints in accordance with sec. § 18 par. 3 of the Act.
11.11. The buyer is obliged to complain about product defects to the seller without unnecessary delay, otherwise the buyer’s right to to the seller to remove the error free of charge.
11.12. The seller or a designated person will issue a confirmation of the application of the goods complaint to the buyer in the appropriate form chosen by the seller, e.g. in the form of e-mail or in writing, in which he is obliged to accurately mark the defects of the goods in accordance with sec. § 18 para. 5 of the Act and instruct the consumer about his rights arising from section § 622 and para. § 623 of the Civil Code. if it is claim applied via means of remote communication, the seller is obliged to confirm the application deliver claims to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, however, at the latest together with a document on the processing of the claim; confirmation of the application of the claim need not be delivered if the buyer has the possibility to demonstrate the application of the claim in another way.
11.13. On the basis of the buyer’s decision, which of its rights in accordance with section § 622 and para. § 623 of the Civil Code applies, the seller or designated person is obliged to determine the method of processing the complaint according to section § 2 letter m) Act immediately, in more complex ones cases within 3 days from the start of the complaint procedure, in justified cases, especially if complex technical requirements are required evaluation of the condition of the goods, no later than 30 days from the date of the start of the complaint procedure. After determining the method of handling the claim the seller or designated person will handle the complaint immediately, in justified cases the complaint can be handled later. However, the processing of the claim must not take longer than 30 days from the date of application of the claim. After the completion period complaints, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods. About the termination of the complaint the seller informs the buyer of the procedure and result of the complaint in the form agreed between both parties (email and registered letter) and at the same time the complaint protocol will be delivered to the buyer together with the goods.
11.14. The warranty does not apply to defects of which the seller was informed at the time of concluding the contract, or of which
taking into account the circumstances under which the purchase contract was concluded, he must have known.
11.15. The seller can always replace the defective item with a functional one instead of removing the defect, if this does not cause serious damage to the buyer. difficulties.
11.16. The right to a free warranty repair expires:
a./ by not presenting the warranty card, accessories or product documentation
b./ by not reporting obvious errors when taking over the goods
c./ expiry of the warranty period of the goods
d./ mechanical damage to the goods caused by the buyer
e./ by using the goods in conditions that do not correspond to natural conditions due to their humidity, chemical and mechanical influences
the environment in which the product was to be placed
f./ by unprofessional handling, service or neglect of the care of the goods
g./ damage to the goods due to excessive loading or use contrary to the conditions stated in the documentation,
h./ general principles, technical standards or safety regulations valid in the Slovak Republic
i./ by damage to the goods due to unavoidable or unforeseeable events
j./ damage to the goods by accidental damage and accidental deterioration
k./ by unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other force majeure
l./ by interfering with the goods of an unauthorized person.
11.17. The warranty does not cover normal wear and tear of the item (or parts thereof) caused by use. Therefore, a shorter lifespan of the product cannot be considered a defect and cannot be complained about. The warranty does not cover damage caused by natural or excessive mechanical wear and tear, use of goods in conditions that do not correspond to their temperature, dustiness, humidity, chemical and mechanical environmental influences, in which the goods are normally used. The warranty also does not apply to damage caused by natural disasters or violent damage or weather conditions, also by manipulation by unauthorized persons. The warranty does not apply in case of incorrect selected product parameters for the given purpose or improper installation of the product (drive) in the device. When assembling the product (electric motor) to the device (circular and similar), it is necessary to choose the right type of product (electric motor) according to the technical sheet or according to the documentation of the given device. If the drive is placed in a homemade device, he is responsible for the buyer bears the product selection and the risks associated with the specification or selection of a suitable product. When choosing the right one type of electric motor, it is essential to take into account: motor power, motor torque, motor speed, mounting design, source power supply (frequency, voltage, network stability), temperature, humidity or other external influences. When connecting the electric motor to the network, it is it is necessary to use a motor starter as a prevention against phase failure. In case of non-compliance with the above factors, it can the product may be damaged, and in that case VYBO Electric is not obliged to replace or complain about the product. A written Complaint protocol including a description of the defect must be attached to the claimed goods; the method of connecting the device and mark the authorized person with the appropriate qualification who connected the device to the electrical network; equipment proposal complaints; a copy of the purchase document (invoice); possibly a record of damage if the goods were damaged during transport
11.18. In the event that the goods upon acceptance by the buyer are not in accordance with the purchase contract (the so-called discrepancy with the purchase contract), the buyer has the right for the seller, free of charge and without unnecessary delay, to restore the item to a condition corresponding to the purchase contract, according to requirements of the buyer either by replacing the goods or by repairing them. If such a procedure is not possible, the buyer can request a reasonable discount on the price of the goods or withdraw from the contract. This does not apply if the buyer disagrees with the purchase order before taking over the goods knew about the contract or caused the conflict with the purchase contract himself. Contradiction with the contract of sale, which will manifest itself within six months from the date of acceptance of the goods, is considered a contradiction existing at the time of its acceptance, if it does not contradict the nature of the goods or if the opposite cannot be done. In the event of a discrepancy between the goods and the contract, the consumer is entitled to the so-called rectification, namely:
a./ by bringing the consumer goods to a state corresponding to the contract free of charge through repair
b./ by an adequate reduction of the purchase price
c./ replacement delivery of goods
d./ by withdrawing from the contract
11.19. The seller is obliged to handle the complaint and end the complaint procedure in one of the following ways:
a./ by handing over repaired goods,
b./ by exchanging goods,
c./ by returning the purchase price of the goods,
d./ by paying a reasonable discount on the price of the goods,
e./ by a written invitation to take over the performance determined by the seller,
f./ justified rejection of the goods claim.
11.20. The seller is obliged to inform the buyer about the method of determining the method of processing the claim and about the processing of the claim written document no later than 30 days from the date of application of the claim through the postal or courier provider or delivery service, or via e-mail.
11.21. The warranty period is 24 months (unless a different warranty period is specified for specific cases) and starts from acceptance of the goods by the buyer.
11.22. The warranty period is extended by the period during which the buyer could not use the goods due to the warranty repair of the goods.
11.23. In case of exchange of goods for a new one, the buyer will receive a document on which the exchanged goods will be listed, and any others claims are made on the basis of the original delivery note and this claim document. In case of exchange of goods for a new one the warranty period starts again after taking over the new goods, but only for the new goods.
11.24. First, the consumer can demand from the seller a free repair or a free replacement supply of consumables
goods. The buyer has the right to exchange the goods only if this is not disproportionate due to the nature of the defect. On whether the defect is proportionate, the authorized service center decides in the form of a written assessment of this defect. Based on this decision, it will proceed further according to the law.
11.25. All warranty repairs are in the event that by the time they are applied, the right to apply the warranty according to point 11.16 has not expired of these general terms and conditions free of charge.
11.26. As far as a rectifiable error is concerned, the claim will be handled depending on the buyer’s decision according to point 11.13.
of these complaint and business conditions in the following way:
a./ the seller will ensure the removal of the error, or
b./ the seller will replace the defective goods.
11.27. In the case of an error that cannot be removed, or one repeatable error that can be removed multiple times, or a greater number
various removable defects, and which prevent the goods from being properly used as without defects, the seller will arrange independing on the buyer’s decision according to point 11.13. of these complaint and business conditions, the complaint to the following way:
a./ by exchanging goods for other, functional goods with the same or better technical parameters, or
b./ in the event that the seller is unable to exchange the goods for another one, he will handle the claim by issuing a credit note for the defective goods.
11.28. Complaint handling applies only to errors listed in the complaint form.
11.29. For the purposes of complaints, the occurrence of one removable error more than twice.
11.30. For the purposes of the complaint, the occurrence of more than three different removable defects is considered to be a larger number of different removable defects errors at the same time.
11.31. The buyer’s right to claim a product defect is after he has exercised his right and requested the seller for the removal of a defect in the goods according to point 8.8. of these complaint and business conditions, exhausted and regardless of the result of the complaint is no longer entitled to apply for the same unique error (not an error of the same type) repeatedly.
12. Claims procedure (specifics)
12.1 The legal warranty period of 24 months is provided for the sold goods, unless otherwise specified. Attached proof of sale it also serves as a delivery and warranty certificate. The warranty period begins on the day the goods are handed over to the buyer. After the warranty expires period, the right to claim expires. The buyer’s rights and obligations are governed by the Civil Code. The warranty can be claimed at the address of the Internet store, while the costs associated with delivery are paid by the buyer. The warranty does not cover damage caused by natural or excessive mechanical wear and tear, use of goods in conditions that do not correspond to their temperature, dustiness, humidity, chemical and mechanical environmental influences, in which the goods are normally used. The warranty also does not apply to damage caused by natural disasters or violent damage or weather conditions, also by manipulation by unauthorized persons. The warranty does not apply in case of incorrect selected product parameters for the given purpose or improper installation of the product (drive) in the device. When assembling the product (electric motor) to the device (circular and similar), it is necessary to choose the right type of product (electric motor) according to the technical sheet or according to the documentation of the given device. If the drive is placed in a homemade device, he is responsible for the buyer bears the product selection and the risks associated with the specification or selection of a suitable product. When choosing the right one type of electric motor, it is essential to take into account: motor power, motor torque, motor speed, mounting design, source power supply (frequency, voltage, network stability), temperature, humidity or other external influences. When connecting the electric motor to the network, it is it is necessary to use a motor starter as a prevention against phase failure. In case of non-compliance with the above factors, it can the product may be damaged, and in that case VYBO Electric is not obliged to replace or complain about the product. A written Complaint protocol including a description of the defect must be attached to the claimed goods; the method of connecting the device and mark the authorized person with the appropriate qualification who connected the device to the electrical network; equipment proposal complaints; a copy of the purchase document (invoice); possibly a record of damage if the goods were damaged during transport. The seller is obliged to decide on the complaint within 30 calendar days from its written delivery.
13. Cancellation of the order, withdrawal from the contract
13.1. The seller is entitled to withdraw from the purchase contract due to sold-out stocks, unavailability of goods, or if the manufacturer, the importer or supplier of the goods agreed in the sales contract has discontinued production or made such serious changes that made it impossible to fulfill the seller’s obligations arising from the purchase contract or for reasons of force majeure, or if neither using all the efforts that can be fairly required of him, he is not able to deliver the goods to the customer within the period determined by these terms and conditions or at the price indicated in the online store. The seller is obliged about this immediately inform the buyer of the facts and return the already paid deposit for the goods agreed in the purchase contract within 14 days from the notification of withdrawal from the contract by transfer to the account specified by the buyer. The seller is entitled to withdraw from the purchase price contract even if the buyer did not take over the goods within five working days from the date on which the buyer was obliged to take over the goods.
13.2. The buyer has the right to withdraw from the purchase contract without giving a reason under the conditions regulated by Act no. 102/2014 Coll. on consumer protection when selling goods or providing services based on a contract concluded at a distance or of the contract concluded outside the seller’s premises and on the amendment of certain laws (hereinafter referred to as the “Law on consumer protection during the sale of goods”) within 14 days from the date of receipt of the goods. The buyer has the right within this period to unpack and try on in a similar way as is usual when buying in a classic “brick and mortar” store. However, it does not mean to try start using the goods and then return them to the seller. The goods are considered to be taken over by the buyer at the moment when the buyer or a third party designated by him, with the exception of the carrier, will take over all parts of the ordered goods, or if
a./ the goods ordered by the buyer in one order are delivered separately, at the moment of receipt of the goods, which were delivered as
last, or if
b./ delivers goods consisting of several parts or pieces, at the moment of taking over the last part or last piece,
or if
c./ the goods are delivered repeatedly during the defined period, at the moment of taking over the first delivered goods.
13.3. By sending the order to the seller, the buyer confirms that the seller has fulfilled his information obligations in a timely and proper manner according to sec. § 3 par. 1 of the Act on Consumer Protection in the Sale of Goods.
13.4. The buyer can exercise the right to withdraw from the contract from the seller in written form or in the form of an entry on another
durable carrier or by means of a contract withdrawal form sent to the seller’s postal address and that VYBO Electric a.s., Radlinského 18, 052 01 Spišská Nová Ves. The form for withdrawing from the contract can be downloaded here (click a form for withdrawing from the contract will be displayed here).
13.5. Withdrawal from the purchase contract via the form for withdrawal from the contract according to the preceding point here of the general terms and conditions must contain the data required therein, in particular the exact specification of the goods, the date orders, name and surname of the consumer/consumers, address of the consumer/consumers, signature of the consumer/consumers, the way in which the seller should return the already received payment, especially the account number and/or postal address, date. Buyer is a withdrawal from of the purchase contract is obliged to deliver the goods to the seller together with accessories, including documentation, instructions, warranty card, proof of payment, etc. and if possible in the original packaging by sending it to the address VYBO Electric a.s., Radlinského 18, 052 01 Spišská Nová Ves. If the buyer, by withdrawing from the contract, sends the goods to the seller together with accessories, including documentation, instructions, warranty card, proof of payment, etc. (hereinafter referred to as “goods”) to the address according to the previous sentence through a courier company. The seller does not accept the goods sent by the buyer on cash on delivery. We recommend insuring the goods.
13.6. If the buyer withdraws from the contract, any additional contract related to the contract from which the buyer resigned.
13.7. The buyer may withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the withdrawal period from contracts. The withdrawal period is preserved if the buyer sends a notice of exercise of the right to withdraw from the contract before the withdrawal period expires.
13.8. After withdrawal from the contract, the seller will return to the buyer all payments that the buyer has demonstrably made in connection with
by concluding the contract, especially the purchase price, including the cost of delivering the goods. However, the seller is not obliged to pay the buyer additional costs if the buyer has chosen a different delivery method than the cheapest common delivery method offered by the seller. Additional costs mean the difference between the cost of the delivery chosen by the buyer and the cost of the cheapest regular delivery method offered by the seller. Payments will be returned to the buyer within 14 days from the date of delivery to the seller delivery of the buyer’s notice of withdrawal from the purchase contract. Payment will be made in the same way as the buyer used for payment to the seller, if the buyer did not indicate another method of payment in the form for withdrawing from the contract, without charging any additional fees.
13.9. The seller is not obliged to return to the buyer all payments under these general terms and conditions before as the goods from the buyer are delivered to him or until the buyer proves that the goods have been sent back to the seller. Payment for the purchased goods will therefore be paid by the seller to the buyer only after the returned goods have been delivered back to the address specified in these general business conditions.
13.10. In the event that the buyer withdraws from the contract in accordance with point 15.2. of these general terms and conditions and will deliver to the seller goods that are used and are damaged or incomplete or the value of the goods in question is reduced as a result such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods, has the seller has a claim against the buyer for damages in the amount of the value of repairing the goods and returning the goods to their original condition respectively the seller has the right to demand from the consumer reimbursement of the reduction in the value of the goods.
13.11. The buyer is obliged to send back or hand over the goods to the seller no later than 14 days from the date of withdrawal from the contract together with accessories, including documentation, instructions, warranty card, proof of payment, etc. in original packaging.
13.12. In case of withdrawal from the contract, the buyer bears the direct costs of returning the goods to the seller or a person authorized
the seller to take over the goods. The direct costs associated with returning goods cannot be adequately calculated in advance. According to available information is an estimated estimate of these costs depending on the size, weight of the goods, distance from where carries out the return of goods and from the prices for which the selected carrier provides its services to buyers in the amount from EUR 2 to EUR 250 EUR.
13.13. When withdrawing from the contract, the buyer also bears the direct costs of returning the goods, which, due to their nature, are not
can be returned via courier. The direct costs associated with returning goods cannot be adequately calculated in advance. According to available information is an estimated estimate of these costs depending on the size, weight of the goods, distance from where carries out the return of goods and from the prices for which the selected carrier provides its services to the buyer in the amount from EUR 4 to EUR 250 EUR.
13.14. In the event that the buyer fails to fulfill any of the obligations listed in points 13.4. and 13.5. these general business conditions, withdrawal from the purchase contract is not valid and effective and the seller is not obliged to return all demonstrable payments according to point 13.8. of these general terms and conditions to the buyer and at the same time is entitled to reimbursement of costs associated with by sending the goods back to the buyer.
13.15. The buyer cannot withdraw from the contract of which it is the subject sale of goods made according to the special requirements of the consumer, goods made to measure or goods specified specifically for one consumer,
13.16. When issuing a credit note, a valid identity card may be required from the buyer for inspection purposes for the purpose of protection ownership rights of the buyer. By presenting the identity card for inspection, the buyer agrees to the processing of personal data data in the sense of Act. no. 122/2013 Coll. on the protection of personal data as amended by later legislation
14. Privacy
14.1. Sending an order via the VYBO Electric e-shop is subject to confirmation of the customer’s agreement with these GTC and agreement with by processing the customer’s personal data in the sense of the definition given in Act. no. 122/2013 Coll. on the protection of personal data v wording of later legal regulations
14.2. The contracting parties have agreed that the buyer, if he is a natural person, will notify the seller of his name and surname, address of permanent residence including zip code, social security number, telephone number, email address, account number and amount of income. In case of the seller also processes other personal data of buyers, processes them to the extent necessary to fulfill the obligations arising from purchase contract. The buyer provides personal data to the seller voluntarily in order to fulfill his obligations arising from purchase contract and further communication with him. Without providing them, the seller cannot properly fulfill the contract with the buyer and therefore it it will not be possible to close with the buyer. The purpose of processing this personal data is to issue a tax document, pre-contractual relations, buyer identification, order confirmation by phone or e-mail, delivery of goods, management of loyalty programs for customers, implementation of marketing activities, informing about promotions, news and discounts.
14.3. VYBO Electric processes the personal data of a natural person – the orderer (buyer), or authorized person for the purpose conclusion of the purchase contract and fulfillment of its obligations arising from the purchase contract; It uses them mainly when issuing an invoice, handling the order and delivery of the ordered goods. VYBO Electric is responsible for the fact that the provided personal data of a natural person will not be used for other purposes, in particular they will not be made available to third parties (except for persons carrying out delivery shipment).
14.4. VYBO Electric processes the personal data of a natural person in the following scope: name, surname, place of residence, e-mail address, billing address, delivery address, contact phone number.
14.5. In case, when the customer registers or orders goods, he indicates that he agrees to send the current offer and other commercial information of VYBO Electric, VYBO Electric will send it to the email address that you provided during registration or ordering goods stated.
14.6. We assure you that your personal data will be processed to the extent necessary, safely and professionally, and that there will be no to their escape or other misuse. In no case will we provide them to third parties, except those who participate in the delivery ordered goods (courier companies, etc.). However, we would like to point out that your e-mail address (no other information about your person), which is fundamentally insufficient to identify your person. We assure you that all persons who come into contact with Your personal data are informed about the correct handling of personal data.
14.7. The seller hereby informs the buyer that pursuant to para. § 10 par. 3 letters b) Act no. 122/2013 Coll. on personal protection data, as amended, the seller, as the operator, will process personal data in the process of concluding the purchase contract the buyer’s data without his consent as the person concerned, since the processing of the buyer’s personal data will be carried out by the seller in pre-contractual relations with the buyer and the processing of the buyer’s personal data is necessary for the fulfillment of purchase contract in which the buyer is one of the contracting parties. By checking the relevant box before sending the order, the buyer can express his consent in accordance with para. § 11 par. 1 of the Act on to the protection of personal data, so that the seller processes and stores his personal data, especially those mentioned above or which are necessary for the seller’s activities related to sending information about new products, discounts and promotions to offered goods and processed them in all its information systems related to sending information about new ones products, discounts and promotions on the offered goods. The buyer grants the seller this consent for a certain period of time until fulfillment the purpose of processing the buyer’s personal data. After fulfilling the purpose of the processing, the seller will ensure immediate liquidation personal data of the buyer. The buyer can withdraw consent to the processing of personal data at any time in writing. The consent expires within 1 month from the delivery of the revocation of consent by the buyer to the seller.
14.8. The buyer has the right and the opportunity to update personal data directly in online mode on the website of the online store, customer section, immediately after logging in.
14.9. The seller declares that in accordance with section § 6 par. 2 letters c) Zn. LLC will collect personal data exclusively for the purposes specified in point 14.1., 14.2. and 14.3. these conditions.
14.10. The seller declares that in accordance with section § 6 par. 2 letters e) Zn. OOO will ensure that personal data is processed and used
exclusively in a way that corresponds to the purpose for which they were collected.
14.11 The seller declares that in accordance with § 6 par. 2 letters i) Zn. OOO will process personal data in accordance with good manners
and will act in a way that does not contradict Zn. LLC or other generally binding legal regulations and there will be none go round.
14.12 The buyer has the right to demand from the seller based on a written request
a./ confirmation of whether or not personal data about him are processed,
b./ in a generally comprehensible form, information about the processing of personal data in the information system to the extent:
c./ identification data of the seller and the seller’s representative, if appointed,
d./ identification data of the intermediary; this does not apply if the seller does not proceed in accordance with Section 8 Zn. LLC,
14.13. If the buyer suspects that his personal data is being processed without authorization, he can file a complaint with the Office for the Protection of Personal Data Proposal of the Slovak Republic to initiate proceedings on the protection of personal data.
14.14 Consent to the processing of personal data for marketing: I hereby grant consent pursuant to § 11 of Act no. 122/2013 Coll. about
personal data protection as amended by later legal regulations with the processing of my personal data in the scope of email address by the company VYBO Electric a. s., with registered office at Radlinského 18, 052 01 Spišská Nová Ves, ID: 45537143 for marketing purposes. At the same time, I agree to my personal data being provided to third parties. I declare that I have complied with § 15 para. 1 informed about the conditions of personal data processing by the operator
15. Final provisions of the GTC
15.1. These General Terms and Conditions enter into force on February 1, 2019.
15.2. Any changes to these GTC will take effect on the day they are published on the website listed above. The seller reserves the right to change these general terms and conditions. Obligation to notify the change in writing in of these general business terms and conditions is fulfilled by placing it on the e-commerce website the seller. However, a validly concluded contract is governed by the general business conditions at the time it was concluded.
15.3. In case of doubt, the contracting parties have agreed that the period of use is considered to be the period from the delivery of the goods to the buyer (including the day of delivery) according to these general terms and conditions until the day the goods are returned to the seller.
15.4. The contracting parties have agreed that communication between them will be carried out mainly in the form of e-mail messages, or
by mail.
15.5. The relevant provisions of the Civil Code apply to relationships not regulated by these general terms and conditions of the Code, Act no. 22/2004 Coll. on electronic commerce and on amendments to Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on the amendment of certain laws as amended by Act no. 284/2002 Coll. in the wording later regulations, Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended and Act no. 102/2015 Coll. on consumer protection when selling or providing goods services on the basis of a contract concluded at a distance or a contract concluded outside the seller’s premises and on change a amendments to some laws.
15.6. These general terms and conditions become effective for the buyer upon sending the electronic order to the buyer.
15.7. By sending the order, the buyer confirms that he has read these general terms and conditions and agrees with them in their entirety
agrees
16. VYBO Electric reserves the right to print errors.