Commercial conditions and personal data protection

COMMERCIAL CONDITIONS AND PERSONAL DATA PROTECTION

E-shop Wassper is one of the youngest online stores in the field.

Commercial conditions and personal data protection

1. General provisions

1.1. These General Commercial Conditions customize rights and obligations of contracting parties emerging from purchase contract concluded between vendor Waspper s.r.o., ID: 47691883, recorded in District Court in Košice I, branch Duklianska 20, Spišská Nová Ves, Slovakia (further only “Vendor”) and customer whose business is to purchase and sell goods on the Internet site of Vendor’s electronic commerce.

Contact data of Vendor:
Postal address: Radlinského 20
Account number for non-cash payments: SK7511000000002925908706
E-mail: sales@waspper.com

1.2. The contracted parties agreed, by a means of sending order to Vendor the Customer agrees that these General Commercial Conditions, their conditions and provisions shall apply to all purchase contracts concluded on whatever Internet site of electronic commerce operated by the Vendor, bounding the Vendor to supply the Customer goods published on the Internet site concerned (further “purchase contract”) and these General Commercial Conditions shall also modify relations between Vendor and Customer, in particular when concluding the purchase contract and claiming goods.

1.3. General Commercial Conditions are inseparable part of the purchase contract. In case the Vendor and the Customer will conclude the written purchase contract where they agree on the conditions different from the General Commercial Conditions, the provisions of the purchase contract shall be superior to the General Commercial Conditions.

1.4. List of goods on whatever Internet site of the electronic commerce operated by the Vendor is a catalogue of commonly supplied goods and the Vendor is not bound to guarantee an immediate availability of all given goods. The availability of the particular goods shall be proved upon question of the Customer.

2. Way of purchase contract conclusion

2.1. The purchase contract is concluded by the Vendor’s binding acceptance of the Customer’s proposal for the purchase contract conclusion in the form of an email, sent from the Customer to the Vendor and/ or in the form of filled out and sent application form on the Internet site of the Vendor and/or in the form of a Customer’s phone order to the Vendor (further “order”).

2.2. Binding acceptance of Customer’s order by the Vendor is the Vendor’s phone or email confirmation about the Customer’s order acceptance, sent after former order acceptance by the Customer and checking goods availability and the requested delivery term by the Customer, marked as “order confirmation”. The binding order acceptance is not that one automatically made announcement about the order acceptance within an electronic system of the Vendor, which you will receive to your email address immediately after sending an order. In case of need all further information about your order shall be sent to your email address.

2.3. The binding order acceptance shall include data related to the name and product specification, the sell of which is the subject to this purchase contract; also data about the price of goods and/ or other services; name and data about the place of the delivery of goods and data about price, conditions, way of the transport and the goods delivery term to delivery place of goods agreed by the Customer; data about the Vendor (business name, residency, ID, record number in the Business Register and/ or other data.

2.4. Within the period of 24 hours from the order delivery the Customer can send the Vendor the announcement about an order cancellation by email or by phone. The Customer is obliged to indicate name, email and description of the ordered goods in the announcement about the order cancellation. In case of order cancellation the Vendor shall not charge the Customer any charges related to the order cancellation. In case the Customer paid to the Vendor the purchase price or its part in the period of time before the order is cancelled, the Vendor shall repay the purchase price or its part in the period of 7 (seven) days from the order cancellation by a transfer to the bank account of the Customer unless the contracting parties agree on a different way of the repayment of the purchase price.

3. Rights and obligations of Vendor

3.1. Vendor is obliged to:

  • supply goods in the agreed amount, quality and term based on the confirmed order from the Vendor and pack goods or prepare it for a transport in the way necessary for its storage and protection,
  • ensure that the supplied goods meet the valid legal regulations of the Slovak Republic
  • hand in the Customer all documents necessary for taking over and using goods and other documents specified by the valid legal regulations in either written or electronic format latest along with goods (manuals in the Slovak language, the letter of guarantee, delivery note, tax invoice)


3.2. The Vendor is entitled to the proper and timely payment of the purchase price for the supplied goods from the Customer.

3.3. The Vendor is entitled to cancel order if the Vendor is not able to supply goods to the Customer because of the sell off their stocks or unavailability of goods in the period determined by these commercial conditions or in the price published on the Internet shop unless the Vendor agrees with the Customer on alternative performance. The Customer shall be announced about the order cancelation by phone or email and in case of payment of the purchase price or its part their financial resources shall be repaid in period of 15 days to their determined account unless the Customer agrees with the Vendor otherwise.

4. Rights and obligations of Customer

4.1. The Customer is obliged to:

  • take over bought or ordered goods,
  • pay an agreed purchase price to the Vendor in the agreed maturity, including delivery costs for goods,
  • avoid jeopardising good business name of the Vendor,
  • confirm taking over goods in the delivery note by their sign or the sign of the authorised person and by stamp if available

4.2. The Customer is entitled to delivery of goods in the agreed amount, quality, term and place upon the binding order acceptance by the contracting parties.

5. Commercial and payment terms

5.1. Goods shall be sold according to the published samples, catalogues, typified designs and pattern books of the Vendor published on the Vendor’ s Internet site of the electronic commerce.

5.2. The Customer is obliged to take over goods at the place determined in the Customer’s order acceptance by the Vendor. In case the Vendor delays in the supply of goods, the Vendor is entitled to prolong the delivery term of goods unilaterally and repeatedly and the Vendor shall issue a confirmation for aforesaid. In case the Customer fails to take over goods within 7 (seven) days after the date of expiry of the period referred in the purchase contract, binding order acceptance or unilaterally prolonged one by the Vendor, the Vendor is entitled to charge a storage charge in the amount of 20.00 € per every day of goods storage. 14 days after the obligatory date of the Customer to take over goods, the Vendor is entitled to withdraw from the purchase contract and sell the goods to the third person. After selling the agreed goods to the third person, the advanced payment for the agreed goods paid by the Customer shall count towards the contracted penalty in the full amount, which is the Customer bound to pay the Vendor.

5.3. The Vendor is entitled to appeal the Customer to take over the goods before the date of expiry of the period agreed in the purchase contract.

5.4. Weight, measurements and other data related to the goods included in catalogues, prospects and other written documents of the Vendor published on the Internet site of the electronic commerce of the Vendor are not binding data.

5.5. The delivery place is the place determined in the order acceptance made by the Vendor unless the contracting parties agree in the purchase contract otherwise.

5.6. In case the Vendor transports goods to the Customer and the place determined in the purchase contract by the Customer, the Customer is obliged to take over goods in person or/ and ensure that the authorized person shall take over the goods in case of their absence, the person who is determined in the purchase contract and who is authorized to sign the take-over and hand-over protocol.

The third person who is authorized to take over the goods determined in the purchase contract is obliged to submit an original or copy of the purchase contract and proof of payment for goods and written authorization. If the supply of goods is necessary to redeliver because of the absence of the Customer at the delivery place determined in the purchase contract, all the related costs shall be paid by the Customer, in particular repeated supply of goods to the delivery place determined in the purchase contract and the storage charge in the amount determined under Article 2.2 of these General Commercial Provisions.

Goods is considered for delivered at the moment of the delivery to the address determined in the binding order acceptation and taken over at the point of the physical take-over by the Customer, respectively by their authorized representative or by dismissal of goods take-over, which forwarder records in the take-over and hand-over protocol.

5.7. The Customer is obliged to check the shipment, thus goods as well as its package immediately after delivery. In case the Customer finds out that goods or package is mechanically damaged, the Customer is obliged to announce that fact to the forwarder and check the condition of goods in the presence of the forwarder.

In cases where goods were damaged, the Customer is obliged to produce a record related to the scale and nature of the damage of the goods and the correctness of such a investigation shall be verified by the forwarder. On the basis of such a produced record, delivered to the Vendor, the Vendor may consequently provide removal of defects on goods, provide discount or supply new goods to the Customer in case of unrecoverable defects on goods.

5.8. In case the supply of goods fails within the time period referred to in the Article 5.2 of the Commercial provisions, the Customer is entitled to withdraw from the purchase contract and the Vendor is obliged to reimburse the paid part of the purchased price to the Customer’s account determined by the Customer and by a means of cashless transfer within the time period of 15 days from the delivery of withdrawal from the purchase contract.

5.9. The Customer shall receive an invoice with every shipment by email. Where the letter of guarantee is necessary, the Customer shall receive it in the package.

5.10. The way of payments: by a transfer to an account or online payment gateway, respectively payment by cash on delivery if this form is available in the given country.

5.11. In case of custom-order, that means customizing and production of the product according to Customer’s requirements, starts only after the advanced payment is transferred, respectively the payment of the full amount unless it is agreed otherwise.

In case the Customer withdraws from the contract during production process or afterward, the Customer agrees that the whole advanced payment is count towards the contracted penalty to cover production costs of the customized product.

5.12. In case of custom-order, that means customizing and production of the product according to Customer’s requirements, transport costs shall be count individually and they shall be a part of the price offer, respectively the Customer is entitled to arrange own transport.

6. Purchase price

6.1. The Customer is obliged to pay the Vendor a purchase price, which is agreed in the purchase contract and/ or included in the valid price list at the time of the conclusion of the purchase contract (further only “purchase price”), along with the delivery costs payable in the form of cash on delivery at the place of the delivery of goods or by cashless transfer to the account of the Vendor inscribed in the binding order acceptation. Cash on delivery is provided by the company providing postal service.

6.2. The Vendor reserves the right to amend the purchase price when the legal regulations, production prices or goods suppliers change.

6.3. In case the Customer pays the purchase price to the Vendor by cashless transfer, the day of payment is considered to be a day when the whole purchase price is credited to the Vendor’s account.

6.4. The Customer is obliged to pay the purchase price to the Vendor in the period of time according the purchase contract.

6.5. In case, the Customer pays the purchase price for goods arranged in the purchase contract, the Customer is entitled to withdraw from the purchase contract and require to repay the purchase price only in accordance with valid legal regulations.

6.6 In case the Customer fails to pay the whole purchase price to the Vendor at the time of the take-over of goods, the contracting parties agreed on a possibility of the Vendor to withdraw from the purchase contract and the paid purchase price in advance shall be counted toward the contracted penalty in the full amount, which the Customer is obliged to pay to the Vendor unless it is agreed on otherwise in the purchase contract.

6.7. Costs related to assembly and carrying up are not included in the purchase price of goods and the Vendor is not obliged to provide aforementioned to the Customer.

6.8. All discounts shall be valid until the sell off their stocks unless it is specified for a particular product otherwise.

7. Acquisition of possession and passing of the risk of damage on goods

7.1. The Customer acquires possession to goods only after full payment of the purchase price for goods.

7.2. The risk of damage on goods shall pass to the Customer after the take-over of the goods from the Vendor or at the time the Vendor enables the possibility of manipulation with goods to the Customer and the Customer fails to take-over goods on time.

8. Return policy (liability for defects, warranty, claims)

8.1. The Vendor is liable for defects on goods and the Customer is obliged to notify the Vendor and shall claim defects forthwith and according to the valid return policy. Information related to service points for after-sale service are inscribed on the back page of the letter of guarantee or shall be provided in case of need by phone or email.

8.2. Valid return policy shall be applied when a claim is made. Sending an order to the Vendor the Customer confirms the fact that they have been properly informed about conditions and ways of claiming defects on goods, including information about the place where the Customer can make a claim and information related to performance of repairs within the after-sale service pursuant to the paragraph 18, section 1 of the Act No 250/2007 Coll. on Consumer Protection, and amending Act of the National Council of the Slovak Republic No 372/1990 Coll. on Offences as amended (further only “Act”).

8.3. Return policy applies to goods bought from the Vendor by the Customer via the electronic commerce on the Internet site of the electronic commerce of the Vendor.

8.4. Return policy of this nature is valid for all commercial cases unless other warranty provisions has been negotiated.

8.5. The Customer is entitled to claim warranty only in case of defects on goods caused by the producer, supplier or Vendor and the warranty is applicable for such as goods and it was bought from the Vendor.

8.6. The Customer is obliged to perform an inspection on goods at the time of its take-over. If the Customer fails to act as aforementioned, they can invoke claims on defects inspected during performing the inspection only if they are able to prove these defects were present on goods during take-over.

8.7. During the warranty period the Customer has right for a free repair of the defect after the Customer brought forward goods including its accessories, documentation and manual to the authorized representative of the Vendor along with the letter of guarantee and proof of payment.

8.8. If the goods is defected, the Customer is entitled to claim defects at the plant of the Vendor pursuant to the provisions of the paragraph 18, section 2 of the Act under condition that the Customer supplies the goods to the plant of the Vendor at their own expenses and fills in the application form for claims which is subsequently delivered to the Vendor. The application form for claims shall be determined by the Vendor who publishes it on their Internet site. The Customer is obliged to inscribe the kind and scope of the defected goods in the application form. The Customer is entitled to claim defects also at the place of the person who is authorized to perform warranty repairs (further “authorized person”) by the producer. The list of the authorised persons is inscribed in the letter of guarantee or the Vendor shall send it to the Customer upon request. The claim procedure of the goods which can be objectively delivered to the Vendor starts on the day when all of the following conditions are fulfilled:

  • delivery of the filled out application form for claims from the Customer to the Vendor,
  • delivery of the claimed goods from the Customer to the Vendor,

The claim procedure of the goods which can be objectively delivered to the Vendor and which is fixed starts on the day when all of the following conditions are fulfilled:

  • delivery of the filled out application form for claims from the Customer to the Vendor,
  • carrying on the inspection of the claimed goods by the third person who is authorized by the Vendor and who shall issue the Customer a written confirmation about this inspection,
  • delivery of the log-in codes, passwords and alike for the goods from the Customer to the Vendor.

The start of the claim procedure is simultaneously the date of the making a claim. The claimed goods shall be delivered to the place of the Vendor unless the Vendor or the authorized person determines otherwise (e.g. to deliver goods to the authorized person directly).

8.9. The Vendor is obliged to accept the claim in whatever plant where the claim acceptation is possible, that means at the residency or at the place of the authorized person pursuant to the provisions of the paragraph 18, section 2 of the Act.

8.10. The Vendor is obliged to ensure the presence of the person who is authorized to deal with claims pursuant to the provisions of the paragraph 18, section 3 of the Act at the place determined according to the Article 8.9 of these General Commercial Provisions.

8.11. The Customer is obliged to inform the Vendor and claim defects on goods without delay, otherwise the Customer’s right to free repair of the defect by the Vendor expires.

8.12. The Vendor or the authorized person shall issue the confirmation for the Customer that the goods has been claimed and confirmation issued in the appropriate format chosen by the Vendor, e.g. in the format of a mail or in the written form wherein they are obliged to mark accurately defects on goods pursuant to the provisions of the paragraph 18, section 5 of the Act and shall inform the consumer about their rights emerging from the provisions of the paragraph 622 and the provisions of the paragraph 623 of the Civil Code. If the claim is made by a means of distance communication, the Vendor is obliged to deliver the confirmation for the Customer that the goods has been claimed immediately; if it is not possible to do so immediately, the Vendor is obliged to deliver such a confirmation without delay but latest along with the letter of settlement the claim; the confirmation that the goods has been claimed shall not be delivered if the Customer is able to prove the claim otherwise.

8.13. In justified cases and on the basis of the decision made by the Customer who exercises the right in terms of the provisions of the paragraph 622 and the provisions of the paragraph 623 of the Civil Code, the Vendor or the authorized person is obliged to determine the way the claim is settled immediately pursuant to the provisions of the paragraph 2, letter m) of the Act; in more complicated cases within 3 (three) days from the start of the claim procedure; in justified cases, in particular if a complex technical inspection of the condition of goods is required, latest within 30 days from the start of the claim procedure. After the way of settling the claim has been determined, the Vendor or the authorized person shall settle the claim immediately, in justified cases the claim can be settled later. The settlement of the claim must not last longer than 30 days from the day when the claim was made. After expiration of the period determined for the settlement of the claim, the consumer is entitled to withdraw from the contract or is entitled to change the goods for new goods. When the claim procedure is ended, the Vendor shall inform the Customer about the results by a means agreed between both contracting parties.

If the Customer made a claim during the first 12 (twelve) months from the conclusion of the purchase contract, the Vendor may disallow a claim only on the basis of expert testimony or stated by the authorized, notified or accredited person (further as “ expert assessment of the goods”). Regardless of the result of the expert assessment of the goods the Vendor can require neither the payment of the costs for expert assessment of the goods nor other costs related to expert assessment of the goods from the Customer.

If the Customer made a claim after the first 12 (twelve) months from the conclusion of the purchase contract and the Vendor disallowed the claim, the person in charge with such a claim is obliged to inscribe in the letter of settlement the claim to whom the Customer can send the goods for the purpose of expert assessment of the goods. If the Customer sends goods to the person inscribed in the letter of settlement the claim for the purpose of expert assessment, costs for expert assessment of goods along with other related costs, which are advisably expended, shall bear the Vendor regardless of the result of the expert assessment. If the Customer proves liability of the Vendor for the claimed defect on goods by expert assessment, the Customer can claim defects again; during execution of aforementioned the warranty period shall be suspended. Within 14 days from the day the claim was made repeatedly, the Vendor is obliged to pay the Customer all of the costs which were expended on the expert assessment of goods along with all of related and advisably expended costs. The claim which was made repeatedly shall not be possible to refuse.

8.14. The Customer is not entitled to claim these defects which the Customer was advised of at the time of concluding the contract by the Vendor or those defects which they must had known about, taking into account the circumstances under which the purchase contract was concluded.

8.15. The Vendor reserves the right to change defective goods for another equivalent goods with the comparable technical parameters.

8.16. Making claims under the warranty on the Vendor expires in case of:

  • failure to submit the proof of payment, delivery note or letter of guarantee, accessories or goods’ documentation,
  • failure to announce evident defects during take-over goods,
    end of the warranty period of goods,
  • mechanical damage on goods which was caused by the Customer,
    using goods in the conditions which do not correspond to the natural environment with humidity, chemical and mechanical impact,
  • non-expert manipulation, operation or failure to care about the goods properly,
  • damaging the goods by excessive overload or usage which does not comply with the conditions laid down in its documentation, general principles, technical standards or security regulations in force in the Slovak Republic,
  • damage on goods, caused by inevitable and/ or unpredictable events,
  • damage on goods, caused by accidental destruction or accidental aggravation,
  • non-expert intervention, damage during transport, damage by water, fire, static or atmospheric electricity or by force majeure,
    interference with goods by unauthorized person.

8.17. The Vendor is obliged to settle the claim and end the claim procedure by a means of one of the following ways:

  • hand-over repaired goods,
  • exchange of goods,
  • repayment of the purchase price of goods,
  • repayment of an appropriate discount on goods,
  • written appeal to take over determined fulfilling by the Vendor,
  • reasonable rejection of the claim of the goods.

8.18. The Vendor is obliged to issue the Customer the written document about the way of determining the way of the settlement the claim and about the performance of settlement the claim latest within 30 days from the day when a claim was made by a means of a provider of postal or courier or delivery service, or via e-mail.

8.19. The warranty period shall be 24 months from the day of conclusion of the purchase contract unless the warranty period is determined otherwise for every particular case, and it runs from the day the goods was taken over and necessary documents related to goods were confirmed by the authorized person.

8.20. The warranty period shall be extended for the period, during which the Customer could not use the goods because of the repair of the goods under warranty.

8.21. In case of an exchange of the goods for a new one, the Customer shall receive a document wherein the exchanged goods shall be inscribed and contingent other claims shall be made on the basis of the original delivery note and this letter of claim. In case of the exchange of the goods for new, the warranty period starts to run again following the take-over of the new goods, but relates only to the new goods.

8.22. All repairs carried out under warranty rightfully are free.

8.23. In case of rectifiable defect, the claim shall be settled depending on the decision of the Customer, in compliance with the point 8.13. of these claim and commercial conditions in the following way:

  • the Vendor shall ensure a defect removal or
  • the Vendor shall exchange defective goods.

8.24. In case of the defect which cannot be removed or the defect where defect removal was carried out once or repeatedly or a number of different rectifiable defects and aforementioned constrain from proper use of the goods in the way as without any defect, the Vendor shall settle the claim depending on the decision of the Customer in compliance with the point 8.13. of these claim and commercial conditions in the following way:
exchange of goods for other functional goods of the same or better technical parameters, or in case the Vendor is not able to carry out an exchange of goods for another, the claim shall be settled by issuing a credit related to defective goods.

8.25. The settlement of the claim relates only to the defects inscribed in the application form for claims.

8.26. For the purpose of the claim, a several times repeated rectifiable defect is considered the occurrence of a rectifiable defect for more than three times.

8.27. For the purpose of the claim, a number of different rectifiable defects is considered the simultaneous occurrence of more than three different rectifiable defects.

8.28. For the purpose of the claim, a period during which the Customer cannot use the goods properly is considered a period during which, after conclusion of the purchase contract, the Customer cannot use the goods altogether more for than 100 days (a hundred) because of the defects on goods.

8.29. Entitlement of the Customer to claim defects on the goods, after having made a use of their right and having requested the Vendor to remove the defect on the goods according to the point 8.8. of these claim and commercial conditions, expired and the Customer is not entitled to claim that same and unique defect (not the defect of the similar character) repeatedly, regardless of the result of the claim procedure.

8.30. In case the Vendor ends the claim procedure with the result of reasoned refusal of the claim, but the defect on the goods exists objectively and the defect has not been removed, the Customer can exercise their right for the purpose of removal of the defect on goods through the court.

9. Personal data and their protection

9.1. Contracting parties agreed, if the Customer is a physical person, the Customer is obliged to announce the Vendor their name and surname, permanent address including the postal code, identification number, phone number and mail address.

9.2. Contracting parties agreed, if the Customer is a legal person, the Customer is obliged to announce the Vendor their business name, address of the residency including the postal code, registration number, phone number and mail address.
The company collects personal data of user in the scale based on the data, which the registration requires, for the purpose of the fulfillment of the contract, in which the user represents one of the contracting parties.

For the purpose of processing of personal data of the user according to the previous sentence and according to the provisions of paragraph 13 al.1 lit. b of the Act No 18/2018 Col. on Personal Data Protection and amending and supplementing certain acts as amended (further ”Act on Personal Data Protection”), an agreement of user as the person involved shall not be required.

On the basis of a written request the visitor and user are entitled to require
from the company:

(a) a confirmation whether their personal data have been processed,

(b) information about the personal data processing in a generally comprehensible form in the information system and to familiarise themselves with the new procedures of processing and evaluating operations,

(c) accurate and generally comprehensible information about the resource, from which the company gained their personal data for processing,

(d) a list of their personal data in a generally comprehensible form, which are the subject of processing,

(e) a correction or liquidation of their incorrect, incomplete or outdated personal data, which are the subject of processing,

(f) a liquidation of their personal data, which purpose for processing ceased,

(d) a liquidation of their personal data, which are the subject of processing, if the law was breached,

(h) blocking of their personal data because of withdrawing the agreement before the expiry of its validity if the company processes personal data based on a agreement of the user as a person involved.

On the basis of a written request the visitor and user are entitled to object to:

(a) their personal data processing which are supposed to be or shall be processed for the purposes of direct marketing without their agreement, and require the liquidation of aforementioned,

(b) use of the personal data in the scope of a title, name, surname and address
for the purpose of direct marketing in post exchange or

(c) use of the personal data in the scope of a title, name, surname and address for the purpose of direct marketing in post exchange.

The user takes note that the company processing personal data which the user shall enter to their user account for the purpose of providing service to the user pursuant to general commercial provisions.

The user also takes note that the company may authorise to process personal data other mediators.

The user also possesses the right to receive information from the companies, which were provided their personal data.

In case the company processes personal data when providing service for the visitor and/ or user, acts in the position of a mediator pursuant to the Act on Personal data processing. The visitor and/ or user are primarily and in particular in the position of an operator ensuring the Personal Data Protection when using the service.

The company shall process personal data exclusively for the purpose of providing service to the user pursuant to general commercial provisions.

The subject of personal data processing are in particular personal data of users’ clients, which the user shall provide to the company for the purpose of using company’s service, that means the administration of administrative and economic agenda of businesses (e.g. name and surname, address and other in the scope the user provides to the company.

The personal data, which the company processes for a user, shall be neither the personal data related to health, biometric data, genetic data nor the personal data related to judgments in criminal matters or criminal acts pursuant to the Act on Personal data processing.

The company shall exercise the discretion with regard to all data, which will be entered into the user account.

In case the company authorizes other persons to personal data processing, it shall be done only for the purpose of service provision pursuant to General Commercial Conditions.

These persons will be obliged to exercise the discretion equally
like the company with regards to data, respectively personal data, whichthe user provided to the company.
These persons are obliged to act inter alia according to the general commercial provisions when executing their activities.

The company, for the purpose of ensuring security of personal data processing, adopted the appropriate technical and organization measures to ensure the level of security appropriate to this risk, with the regard to the latest knowledge, costs for execution of these measures, nature, scope, context and the purpose of the personal data processing and the risks with different probability and importance for the rights of persons concerned.

The user is entitled to ask the company about accepted security and technical measures. The company may provide the particular user the assistance of an operator in relation to the persons concerned, having taken into account the nature and scope of personal data processing.

Provision of custom service can represent such an assistance in particular.

The company shall also provide the Customer the assistance with the used security and technical measures, by means of which the company provides the security of personal data processing. The company also shall provide the user the information necessary to prove fulfilment of duties and they provide assistance in the necessary scope within audit of the Personal Data Protection and within control carried out by the user or auditor authorized by the user.

10. Withdrawal from purchase contract

10.1. The Vendor is entitled to withdraw from the purchase contract for the reason of sell off their stocks, nonavailability of goods; or if the producer, transporter or supplier of the goods agreed in the purchase contract has stopped production, or have made so important changes which made impossible for the Vendor to fulfil duties resulting from the purchase contract, or for the reasons caused by force majeure or even though every reasonable effort was made, which is possible rightfully to require from the Vendor, and the Vendor is not able to deliver goods to the Customer either in the period determined by these commercial conditions or in the price published on the Internet shop. The Vendor is obliged to inform the Customer about this circumstance immediately and reimburse the advanced payment for the goods agreed in the purchase contract by transfer to the account within the period of 15 days from the day of announcement about the withdrawal from the contract.

10.2. The Customer is entitled to withdraw from the purchase contract in the period of 7 (seven) work days from take-over of the goods, according to 5 of these General Commercial Conditions without announcing the reason pursuant to provisions of the paragraph 12, section 1 of the Act No 108/2000 Col. on Consumer Protection and during distant and doorstep selling, amending and supplementing certain acts as amended (further as “Act on Consumer Protection during doorstep selling”).

10.3. Sending the order to the Vendor, the Customer confirms that Vendor fulfilled information duty fully and duly with accordance to the provisions of the paragraph 10 of the Act on Consumer Protection during doorstep selling.

10.4. The Customer shall withdraw from the contract in written in the form of the filled out application form, the nature of which shall be determined by the Vendor who publishes it on their Internet site.

10.5. Withdrawal from purchase contract according to the previous section of these General Commercial Conditions shall include identification of the Customer, order number and date, accurate specification of goods, way of the repay by the Vendor after having accepted the fulfilment, in particular account number and/ or postal address. Simultaneously with the withdrawal from the purchase contract the Customer shall deliver the goods along with the accessories, including documentation, manual, letter of guarantee, proof of payment etc. and aforementioned in the original package and form of an insured shipment to the Vendor.

10.6. In case the Customer withdraws from the contract and delivers the Vendor the goods which has not been used, is packed in the original and undamaged package and is not damaged or incomplete, the Vendor shall repay the Customer the purchase price for the goods inscribed in the binding order acceptance or its part in period of 15 days from delivering the withdrawal from the purchase contract and from delivery of the goods to the Vendor by means of cashless transfer to the Customer’s account determined by the Customer.

10.7. In case the Customer withdraws from the contract and delivers the Vendor the goods which has been used and it is damaged or incomplete, the Vendor shall reimburse the Customer the purchase price for the goods, inscribed in the binding order acceptance, or its part reduced pursuant to provisions of the paragraph 457 of the Civil Code, reduced by amount of its wear in the amount of 1% (per cent) of the total price per every day of its usage and minus the value of the repair and regain of its original condition in period of 15 days from delivering the withdrawal from the purchase contract and from delivery of the goods to the Vendor by means of cashless transfer to the Customer’s account determined by the Customer.

10.8. If the withdrawal from the contract is valid, the Vendor shall repay the Customer the purchase price including the costs related to goods ordering if the Customer also hands over the Vendor written documents of the costs incurred, which the Customer expended in the course of ordering the goods. The Customer shall not bear the costs for goods return only in such a case that the goods did not correspond to quality requirements and was defected in the same time. The goods of the same or comparable characteristic published on the Internet site of the Vendor shall be considered to be fully corresponding to the qualitative requirements.

10.9. Costs incurred in relation to the order of goods by the Vendor are the costs incurred for realisation of order, in particular the price for making a telephone call, by a means of which the Customer proposed a conclusion of the purchase contract, or the price for connecting the Customer to the Internet site of the Vendor whereby the Customer filled in and sent the application form for ordering goods via the Internet site or the Customer wrote and sent a mail including an order of goods in the thirty-minute time.

10.10. In case the Customer fails to fulfil any of the duties, specified in the section 10.4. and 10.5. of these General Commercial Conditions, the withdrawal from the purchase contract is not valid and in force, and the Vendor is not obliged to repay the Customer the purchase price and possesses the right to repayment of the costs related with return of the goods back to the Customer.

11. Final provisions

11.1. The Vendor reserves the right to change these General Commercial Conditions. When the Vendor publishes a change on the Internet site of the electronic commerce, a duty of the written announcement of any change according to these General Commercial Conditions is fulfilled.

11.2. In case the purchase contract is concluded in the written form, any change of the contract shall have the written form.

11.3. In case of doubts the contracting parties agreed that a period of use is considered the period from the delivery of goods to the Customer, according to the point 5.7. of these General Commercial Conditions, to the delivery day of goods to the Vendor according to the point 11.4. of these General Commercial Conditions.

11.4. The contracting parties agreed on mutual communication in the form of e-mails.

11.5. Any relations unregulated by these general commercial provisions shall be governed by the given regulations of the Civil Code, Act No 22/2004, Col. on Electronic commerce, amending and supplementing the Act No 128/2002 Col. on State control of the internal market in matters on protection of consumers and amending and supplementing certain acts as amended by Act No 284/2002 Col. as amended and Act on Consumer Protection during doorstep selling.

11.6. These General Commercial Conditions shall come in force for the Customer by conclusion of the purchase contract.

11.7. The Customer confirms by sending an order, the Costumer did read these General Commercial Conditions and do agree within whole scope with them.

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