TERMS AND CONDITIONS

Commercial company

TMD Trade s.r.o.

Registered address:Prowazekova ul. 2873/14, 945 01 Komárno

ID NO.: 54 167 175

VAT: 2121589613

VAT ID: SK2121589613

Entry in the commercial register of the district court Nitra section s.r.o. insert number 55760/N for the sale of goods via the online shop located at the following internet address www.termodom .sk

1. Preliminary provisions

1.1. These terms and conditions (hereinafter referred to as “terms and conditions”) of TMD Trade s.r.o. regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a contract of sale (hereinafter referred to as the “contract of sale”) concluded between the Seller and the Buyer (hereinafter referred to as the “Buyer”) through the Seller’s online store. The Online Shop is operated by the Seller on a website located at www.termodom.sk (hereinafter referred to as the “Website”), through a website interface (hereinafter referred to as the “Store Web Interface”).

1.2. Clauses differing from the terms and conditions may be negotiated in the sales contract. Different arrangements in the contract of sale take precedence over the provisions of the terms and conditions.

1.3. The provisions of the terms and conditions are an integral part of the purchase contract. The contract of sale and the terms and conditions are drawn up in the Slovak language and translated to English. The contract of sale can be concluded in the Slovak language and the languages the website is translated to.

1.4. The Seller may change or supplement the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

2. User account

2.1. Upon registration of the Buyer on the Website, the Buyer can access his/her user interface. The Buyer can order goods from his/her user interface (hereinafter referred to as the “User Account”). If the web interface of the shop allows it, the buyer can also order goods without registration directly from the web interface of the shop.

2.2. When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the data provided in the user account upon any change. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.

2.3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account.

2.4. The buyer is not entitled to allow third parties to use the user account.

2.5. The Seller may terminate the User Account, in particular if the Buyer has not used the User Account for more than 36 months or if the Buyer breaches its obligations under the Purchase Agreement (including the Terms and Conditions).

2.6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or. the necessary maintenance of third party hardware and software.

3. Conclusion of the purchase contract

3.1. All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to enter into a contract of sale with respect to these goods.

3.2. The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not restrict the seller’s ability to conclude a purchase contract on individually agreed terms.

3.3. The web interface of the shop also contains information on the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Slovak Republic.

3.4. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains information about:

3.4.1. ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store).

3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and contact details.

3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).

3.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer’s ability to detect and correct errors made when entering data into the order. The Buyer sends the order to the Seller by clicking on the “Send Order” button. The information provided in the order is considered correct by the Seller. Immediately upon receipt of the order, the Seller shall confirm receipt of the order to the Buyer by electronic mail to the Buyer’s electronic mail address specified in the user interface or in the order (hereinafter referred to as the “Buyer’s electronic mail address”).

3.6. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (e.g. in writing or by telephone).

3.7. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer’s electronic mail address.

3.8. Kupujúci súhlasí s použitím komunikačných prostriedkov na diaľku pri uzatváraní kúpnej zmluvy. Náklady vzniknuté kupujúcemu pri použití komunikačných prostriedkov na diaľku v súvislosti s uzatvorením kúpnej zmluvy (náklady na internetové pripojenie, náklady na telefónne hovory) si hradí kupujúci sám, pričom tieto náklady sa nelíšia od základnej sadzby.

4. Price of goods and Payment terms

4.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:

cash on delivery at the place specified by the buyer in the order;

payment in advance to the seller’s bank account;

4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.3. Predávajúci nepožaduje od kupujúceho zálohu či inú obdobnú platbu. This is without prejudice to Art. 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. V prípade platby v hotovosti alebo v prípade platby na dobierku je kúpna cena splatná pri prevzatí tovaru.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. V prípade bezhotovostnej platby je záväzok kupujúceho uhradiť kúpnu cenu splnený okamihom pripísania príslušnej čiastky na účet predávajúceho.

4.6. Predávajúci je oprávnený, najmä v prípade, že zo strany kupujúceho nedôjde k dodatočnému potvrdenie objednávky (čl. 3.6), požadovať uhradenie celej kúpnej ceny ešte pred odoslaním tovaru kupujúcemu.

4.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.

4.8. If it is customary in the commercial relationship or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer in respect of payments made on the basis of the Purchase Contract. The Seller is subject to value added tax. The tax document – invoice will be issued by the Seller to the Buyer after payment of the price of the goods and will be sent in electronic form to the Buyer’s electronic address.

5. Withdrawal from the contract of sale of goods

5.1. The buyer acknowledges that it is not possible to withdraw from a contract of sale of goods which have been modified according to the buyer’s wishes or for his person, from a contract of sale of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery, from a contract of sale of goods in closed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract of sale for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.

If the goods have been invoiced or ordered under an ID number it is not possible to return the goods.

If at the time of order creation the goods had a stock availability ,,on request,,, in this case the goods cannot be returned, since it is an order of goods directly for the buyer and therefore it is a sale of goods to order.

5.2. Unless it is a case referred to in Art. 5.1 or otherwise where the contract of sale of the goods cannot be withdrawn from, the Buyer shall have the right to withdraw from the contract of sale of the goods within fourteen (14) days of receipt of the goods, provided that if the subject of the contract of sale is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the goods. Withdrawal from the contract of sale of the goods must be sent to the seller within the period specified in the previous sentence. To withdraw from the contract of sale, the buyer can use the sample form provided by the seller. Withdrawal from the purchase contract can be sent by the buyer to the seller’s e-mail address [email protected]

5.3. In the event of withdrawal from the purchase contract pursuant to Art. 5.2 of the Terms and Conditions, the contract of sale of the goods is cancelled. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract in their original condition, undamaged, unused, in undamaged packaging and without damaged seals or on the product or packaging itself. Ak odstúpi kupujúci od kúpnej zmluvy, nesie kupujúci náklady na vrátenie tovaru predávajúcemu, a to aj v tom prípade, keď tovar nemôže byť vrátený pre svoju povahu poštou a znáša tiež všetky poplatky a pokuty.

5.4. In the event of withdrawal from the contract pursuant to Art. 5.2 of the Terms and Conditions, the Seller shall return the funds received for the goods (products) from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the contract of sale of the goods, solely by sending the funds to the account specified by the Buyer in the withdrawal form. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the monies received to the Buyer before the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller.

5.5. The Seller is entitled to unilaterally set off the claim for reimbursement of damages and wear and tear incurred to the goods against the Buyer’s claim for reimbursement of the purchase price of the goods in the amount recognised by the Seller.

5.6. The Seller is entitled to withdraw from the contract of sale of the goods at any time until the Buyer has taken delivery of the goods. In this case, the Seller shall refund the Purchase Price to the Buyer without undue delay, in cash to the account designated by the Buyer.

5.7. If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the termination condition that if the buyer withdraws from the contract of sale of the goods, the gift contract with respect to such gift shall cease to be effective and the buyer shall be obliged to return the gift together with the goods to the seller.

5.8. The Seller does not accept returned goods that have been subject to withdrawal from the contract of sale of goods within 14 days, which the Buyer has sent by COD to the Seller’s address.

6. Transport and delivery of goods

6.1. In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

6.2. If the Seller is obliged under the contract of sale to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.

6.3. V prípade, že je z dôvodov na strane kupujúceho nutné tovar doručovať opakovane alebo iným spôsobom, než bolo uvedené v objednávke, je kupujúci povinný uhradiť náklady spojené s opakovaným doručovaním tovaru, resp. the cost of any other method of delivery.

6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier and write a record of the damage event. In the event of damage to the packaging indicating that the shipment has been tampered with, the buyer may not accept the shipment from the carrier. The Buyer is obliged to report any defect found in the packaging of the delivered goods to the Seller within 24 hours of receipt of the delivered goods.

7. Rights from defective performance

7.1. The rights and obligations of the contracting parties with regard to rights of defective performance shall be governed by the applicable generally binding regulations.

7.2. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:

7.2.1. the goods have the characteristics agreed between the parties and have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods,

7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of the same kind are commonly used,

7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship has been determined according to the agreed sample or specimen,

7.2.4. the goods in the appropriate quantity, measure or weight; and

7.2.5. the goods comply with legal requirements.

7.3. The provisions set out in Art. 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, in the case of second-hand goods to a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.

7.4. The Buyer shall claim the rights from the defective performance at the Seller’s address of his/her establishment, where the acceptance of the claim is possible with regard to the range of goods sold. The moment when the Seller receives the claimed goods from the Buyer is considered the moment when the claim is made.

8. Other rights and obligations of the Parties

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. The Seller is not bound by any code of conduct within the meaning of the Civil Code in relation to the Buyer.

8.3. The Slovak Trade Inspection Authority, P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, internet address: www.soi.sk, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract.

8.4. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Slovak Trade Inspection Authority supervises compliance with the Consumer Protection Act within the defined scope.

8.5. The Seller reserves the right not to deliver the goods and to cancel the Buyer’s order on the basis of an incorrectly stated selling price of the goods due to an error in the web interface on which the Seller’s e-shop is operated, or due to a permanent state of unavailability of the goods of which the Seller was unaware due to an error in the web interface on which the Seller operates the e-shop. In the event that the goods with the incorrect selling price are delivered to the Buyer despite the Seller’s best efforts, the Seller shall be obliged to notify the Buyer of this fact and the Seller shall have the right to reclaim the goods from the Buyer in an intact condition.

8.6. The Seller reserves the right to cancel the order at any time.

9. Privacy Policy

9.1. The protection of personal data of the buyer, who is a natural person, is provided by the Personal Data Protection Act.

9.2. The Buyer consents to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and delivery address (hereinafter collectively referred to as “personal data”).

9.3. The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses another option, the Buyer agrees to the processing of personal data by the Seller also for the purpose of sending information and commercial notifications to the Buyer. Consent to the processing of personal data in its entirety pursuant to this article is not a condition that would in itself prevent the conclusion of the purchase contract.

9.4. The Buyer acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay about the change in his/her personal data.

9.5. The Seller may delegate the processing of the Buyer’s personal data to a third party as a processor. Except for persons transporting the goods, personal data will not be passed on to third parties by the Seller without the prior consent of the Buyer.

9.6. Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in hard copy form in a non-automated manner.

9.7. The Buyer confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data.

9.8. Should the Buyer believe that the Seller or the Processor (Article 9.5) is processing his personal data in a way that is contrary to the protection of the Buyer’s private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, he may:

9.8.1. ask the seller or processor for an explanation,

9.8.2. požadovať, aby predávajúci alebo spracovateľ odstránil takto vzniknutý stav.

9.9. If the buyer requests information about the processing of his/her personal data, the seller is obliged to provide him/her with this information. The Seller shall be entitled to charge a reasonable fee for the provision of information under the preceding sentence, not exceeding the costs necessary to provide the information.

10. Sending commercial notifications and storing cookies

10.1. Buyer agrees to receive information related to Seller’s goods, services or business at Buyer’s electronic address and further agrees to receive business communications from Seller at Buyer’s electronic address.

10.2.By using this website, you agree to the storage of so-called. cookies in your browser. We use cookies to make the services we provide more efficient and better and to fulfil the contract. You can send an objection to the use of cookies electronically to our e-mail [email protected]

11. Delivery

11.1. The Buyer may receive commercial notifications at the e-mail address specified in his/her user account or specified by the Buyer in the order.

12. Final provisions

12.1. If the relationship established by the contract of sale contains an international (foreign) element, then the parties agree that the relationship shall be governed by Slovak law. This is without prejudice to the consumer’s rights under generally applicable law.

12.2. If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments to the contract of sale or terms and conditions require a written form.

12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4. The form for withdrawal from the contract of sale can be found on the seller’s website in the section ALL ABOUT THE PURCHASE.

12.5. Seller’s contact details: address of registered office TMD Trade s.r.o., Prowazekova ul. 2873/14, 945 01 Komárno, e-mail address [email protected], telephone +421 918 940 949.