TERMS AND CONDITIONS

1. Ordering goods - concluding a purchase contract

1.1 These General Terms and Conditions govern the mutual relations between SPORT MM s.r.o., with its registered office at Bottova 1172/4, 97201 Bojnice, Slovak Republic, IČO: 52255913, registered in the Commercial Register at Okr. court Trenčín, dept. Sro, vl. No. 37967 / R (hereinafter referred to as "seller") and customers (hereinafter "buyer") in the sale and purchase of goods via the online store.

1.2 These General Terms and Conditions form an integral part of any purchase contract concluded in the form of a Seller's offer and a Buyer's Order for Goods Delivery. In the event of a conflict between the provisions of the purchase contract and these general terms and conditions, the provisions of the purchase contract shall prevail.

1.3 The purchase contract on the basis of which the sale of the goods to the seller by the seller is realized arises by sending the completed electronic order form (hereinafter the "order") to the buyer. The following information must be filled in the order:
- Buyer identification data (i.e. full name, exact and complete delivery address, email address, phone number)
- specification of the goods ordered (i.e. the name of the goods) and its quantity (i.e. the number of items ordered),
- cost and payment method for goods
- place and method of delivery of the goods.
The Seller does not take into account the Buyer's order, which does not contain the data necessary for performance of the contract and delivery of the goods. The conclusion of the purchase contract will be confirmed to the buyer by sending a brief message to the e-mail address specified in the order.

1.4 By sending an order, the buyer concludes a purchase contract for the selected goods and enters into a contractual relationship with the seller, which is governed by these general terms and conditions. By sending the order, the buyer accepts these general terms and conditions of the seller without reservation.

2. Price and Payment Terms

2.1 The prices of the products on the website are final for the buyer.

2.2 The Seller is  a VAT payer.


2.3 The buyer is obliged to pay the price for the ordered goods in one of the following ways:
- via Electronic Banking (PAYPAL)
- credit card (Euro / Mastercard and Visa)

2.3 Payment via electronic banking (Paypal) or Payment card is made by the buyer directly in the order process. If the payment is not made in the order process, the seller will cancel the order and will not produce the goods.

3. Delivery terms

3.1 The delivery method is
- through the courier company

3.2 The price of packing and transport of goods to the place of delivery stated by the buyer in the order is paid by the buyer.

3.3 The price of packing and transport is calculated in every order, depends on destination of delivery


3.4 The delivery of the goods to the Buyer will be made as soon as possible, usually within thirty (30) days of the Buyer's approval of the proposed design, subject to the availability of the goods and the Seller's operational capabilities. The design is sent by the seller to the buyer for approval.


3.5 The place of delivery of the goods shall be determined by the Buyer when ordering the goods. The delivery of goods shall be deemed to be delivered to the address specified in the Buyer's order.

3.6 In the case of non-acceptance of the goods by the Buyer, the Seller reserves the right to claim its claim for compensation for the damage incurred. In the event that the Buyer does not accept the goods at the time of first delivery and requests re-delivery of the goods, he is obliged to pay the costs of both the first and the re-delivery.

3.7 The Seller shall issue an invoice to the ordered goods, which he / she will send to the Buyer together with the ordered goods if he / she did not do so via e-mail.

4. Buyer withdrawing from the contract

4.1 The Buyer has the right to withdraw from the Purchase Contract without giving any reason within 14 days, unless it is the sale of goods made according to the Buyer's specific requirements and / or specifically for one Buyer. The 14-day period begins on the day when the goods are taken over by the buyer or a person authorized by him, with the exception of the carrier. In order to exercise the right to withdraw from the contract, the buyer is obliged to inform the seller about his decision to withdraw from the contract unambiguously, by e-mail (e-mail address eshop@sportmm.eu) or by letter sent by post (address: SPORT MM sro, Figova 5805/34, 90027 Bernolákovo, Slovak Republic). In order to comply with the withdrawal period, the buyer must send an email to the seller no later than the last day of the withdrawal period. By withdrawing the buyer from the contract, the purchase contract is canceled from the beginning.

4.2 In case of withdrawal from the contract, the buyer is obliged to return the goods to the seller unused, undamaged and with proof of purchase from the seller (invoice). The goods must be sent back to: SPORT MM s.r.o., Figová 5805/34, 90027 Bernolákovo, Slovak Republic within 14 days from the date of exercise of the right of withdrawal. The period shall be deemed to be complied with if the buyer sends the goods before the expiry of the 14-day period. The goods must be sent by registered mail and insured (the seller is not liable for any loss or damage during transport). The cost of returning the goods is borne by the buyer. The buyer is responsible for any devaluation of the goods, which may result in impairment.
In the event that the goods lose their value, the seller is entitled to reduce the returned amount to the buyer, as long as the change in condition, features and functionality of the goods is directly related to how the goods were used and handled.

4.3 In the event of withdrawal from the contract, the seller is obliged to take back the goods and return to the buyer the purchase price for the goods he has paid in connection with the conclusion of the contract, except for the costs of delivery. The payment will be returned to the buyer without undue delay, no later than 14 days from the day when the buyer receives a notice of withdrawal from the buyer, but not earlier than 3 days from the receipt of the returned goods by the seller. The seller will use the bank transfer to return the payment, the buyer is obliged to state in the contact email IBAN of the bank account so that the seller can return the payment without any problems.

4.4 The buyer has no right to withdraw from the contract:
- if the goods he ordered (eg pads) were not made in advance, but the individual choice or the specific requirement of the customer of the buyer was decisive for its production, or
-How goods that ordered, for example, protectors with personalized text or motifs were specifically designed for a single customer, thus a buyer.

5. Additional Terms and Conditions

5.1 If the Seller fails to fulfill the contract because he cannot deliver the ordered goods, he is obliged to inform the Buyer without undue delay and to return the price paid for the undelivered goods without undue delay, unless the Seller and the Buyer agree on a substitute performance.

5.2 If the Seller and the Buyer do not agree on the substitute performance, the Seller is obliged to reimburse all proven costs incurred by the Buyer for ordering the goods.

5.3 In the case of substitute performance, the seller is obliged to deliver the goods to the buyer in the same quality and price.

6. Damage and Complaint

6.1 The Buyer is obliged to inspect the goods upon receipt. If it finds mechanical damage to the goods packaging, the buyer is obliged to check the condition of the goods and, in case of damage, to make a record of damage to the goods and packaging, which they will sign with the carrier's representative. Liability for damage during transportation of the goods to the buyer is borne by the carrier. On the basis of the record made, the buyer will be provided with a reasonable discount or a new product delivered after the loss event has been concluded with the carrier.

6.2 The Seller shall be liable for any damage that the Goods have to the Buyer during the warranty period. The warranty period is 24 months and begins to run from the date of receipt of the goods by the buyer. The warranty does not cover normal wear and tear of the goods caused by its use.

6.3 If the Buyer finds out the damage for which the Seller is responsible, he is obliged to claim the Seller's complaint without undue delay.

CLAIMS PROCEDURE:
1. Inform the seller as soon as possible by email (email address: reklamacia@sportmm.eu).
2. Send the claimed goods to: SPORT MM s.r.o., Figová 5805/34, 90027 Bernolákovo, Slovenská Republika
Complaints are handled in accordance with the relevant provisions of the Civil Code.

6.4 After claiming by the buyer, the seller is obliged to determine the method of handling the claim immediately, in complex cases within three (3) working days at the latest, in justified cases, especially if a complex technical assessment of the condition of the product or service is required, no later than 30 days. After determining the way of handling the claim, the claim will be handled immediately; in justified cases, the claim may be settled later; however, the claim may not take longer than 30 days from the date of claim. Upon expiry of the claim settlement period, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.

6.5 The Seller is obliged to issue to the Buyer a confirmation of the claim, immediately, respectively. without undue delay. No later than 30 days from the date of filing the claim, the Seller is obliged to issue the Buyer with proof of the equipment of the claim.

7. Privacy

7.1 Personal data are processed in accordance with Act no. 18/2018 Coll. on Personal Data Protection, as amended.

 

7.2 The Operator does not provide personal data of the Buyer to a third party, in addition to the selected shipping company that provides the delivery of goods or services, or to the state authorities in the case of inspection, or to an intermediary, on the basis of a mutual agreement concluded under Act No. 18/2018 Z.z.

 

7.3 The Operator is obliged to provide personal data prior to making it available to unauthorized persons, by taking appropriate technical and organizational measures.

 

7.4. The data subject has rights as defined in the provisions of § 19 et seq. Act no. 18/2018 Z.z. on the protection of personal data, as amended by the amendments, namely:

(a) the right to information which is fulfilled by such content and terms and conditions;

(b) the right to request access to personal data relating to the data subject - Section 21 of the Act is based on your right to request and how your data is processed, and you may address this request to a contact email.

c) the right to rectify personal data - § 22 of the Act allows you to correct personal data if they are out of date

d) the right to delete personal data - § 23 of the Act will be used if you do not want the operator to further process personal data

e) the right to limit the processing of personal data - Section 24 of the Act is applicable if you believe that personal data have been processed in violation of the law,

f) the right to object to the processing of personal data - Section 27 of the Act,

(g) the right to portability of personal data;

(h) the right to lodge a complaint with the supervisory authority in respect of personal data processed.

 

7.5 The operator obtains the following personal data from the buyer: name, surname, address, delivery address, billing address, telephone number, e-mail address that is processed for the purpose of proper processing of your order. This personal data is kept for 10 years for archiving purposes. In order to process the order, personal data are processed for the purpose of issuing invoices, securing transport and accounting in the accounting.

 

7.6 This site records your IP address, how much time you spend browsing the site, and what sites you come to us from. Cookies are text files that are stored on your computer and are also used to measure site traffic and personalize your site, and with these files we can offer you better quality. Therefore, we see these files as our legitimate interest. Some cookies are third party files, e.g. Facebook, Google and so on.

 

7.7 You can delete cookies at any time or set them up in your web browser settings. To refuse to collect cookies, set it up in your web browser.

 

7.8 If the buyer has agreed to process personal data in the e-shop for e-mail marketing, he has agreed to send e-mail messages to the contact e-mail address.

 

7.9 Personal Information for Email Marketing Purposes First and Last Name, Email Address Provided for Five Years. These personal data are not provided to third parties.

 

7.10 The Buyer may withdraw his consent at any time by sending an Appeal with the processing of personal data, which we shall delete immediately. You can also opt-out by checking the box in the user's user account (if the buyer asked to create a user account). From our side, we will no longer use your personal information for email marketing purposes.

8. Final

8.1 The Seller shall not be liable for failure to deliver the Buyer's order to the Seller for technical reasons not based on the Seller's side.

 

8.2 The Buyer grants consent to the Seller to make photographs of the delivered products (protectors). The seller has the right to use the photos for marketing purposes. The Buyer may revoke this right at any time by e-mail to foto@sportmm.eu If the Seller has already used the Buyer's Product Photo, it is obliged to delete it without delay and inform the Buyer of the request.

8.2 The Seller is not responsible for selecting the motive for the goods by the Buyer. If the buyer chooses to print the goods vulgar, inadmissible or. prohibited motive, the seller is not obliged to make the goods and deliver them to the buyer. In this case, the seller informs the buyer of this fact and returns the price for the goods if it has already been paid to the seller.

8.3 The Consumer Protection Supervisory Authority is the SOI Inspectorate for the Trenčín Region, Hurbanova 59, 911 01 Trenčín.

8.4. If the consumer is not satisfied with the manner in which the seller has settled his claim or if he believes that the seller has violated his rights, he has the opportunity to apply for redress to the seller. If the seller responds to the request for remedy or does not reply to it within 30 days from the date of its dispatch, the consumer shall, pursuant to Section 12 of Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on the Amendment and Supplementation of Certain Laws The Right to Submit an Alternative Resolution to its Dispute. The relevant entity for the alternative solution of consumer disputes with the e-shop operator is the Slovak Trade Inspection (www.soi.sk) or another competent legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (http: //www.mhsr. Consumer Disputes Dispute List (146987s), with the consumer having the right to choose which of these ADR entities to turn to. At the same time, the consumer can use the online dispute resolution platform, available at http://ec.europa.eu/consumers/odr/, to submit a proposal for an alternative dispute resolution. Information on design charges can be found by the consumer on the website of a specific ADR entity.

8.5 These General Terms and Conditions and all Purchase Contracts concluded on the basis thereof are governed by the legal regulations in force in the Slovak Republic, in particular by Act no. 102/2014 Z.z. on consumer protection in the sale of goods or services under a distance contract.

8.6 The Seller reserves the right to unilaterally amend or supplement the General Terms and Conditions. Any changes to the General Terms and Conditions will take effect on the date of their publication on the website www.sportmm.eu. Legal relations arising from the purchase contract are always governed by the general terms and conditions effective at the time of the binding order of the goods.

8.7 These General Terms and Conditions come into force and effect on 14.05.2019

 

©2019 by SPORT MM