• Obchodné podmienky

Obchodné podmienky

General provisions

By placing an order, the Buyer accepts the Terms and Conditions for the delivery of goods declared by the Seller. The relationship between the Buyer and the Seller is governed by these terms and conditions, which are binding on both parties, unless otherwise stipulated in the contract.

The terms and conditions further define and specify the rights and obligations of the seller and his customers (buyers) and, in their current wording, form the content of the purchase contract, or are its integral part.

If a written purchase contract is not agreed between the participants, the seller will deliver the goods based on an electronic order made on the website. www.nerezove.sk to the buyer.

Subject of the contract

The subject of the contract are only the items specified in the purchase contract - order (hereinafter referred to as goods). Weights, dimensions, capacity, prices, performances and other data (texts, notes) contained on the site www.nerezove.sk, brochures, CDs and other forms are non-binding data unless explicitly stated as binding in the contract.

Common tolerances are +/- 5% (dimensional, length, quantity, permissible quantity deviation when collecting whole packages).

The Seller undertakes to supply its customers with:

1. goods in accordance with the seller's specifications or with the properties usual for the given type of goods,

2. compliant with the standards, regulations and rules applicable in the relevant territory.

Place of performance

The place of performance is the warehouse, the seller's point of sale. When collecting the goods in person, the buyer is obliged to present a document confirming full payment for the goods at the warehouse.

When collecting goods by a person other than the buyer, the receiving person is obliged to present a power of attorney issued in the buyer's name and a valid ID card of the authorized person.

The buyer must inform the seller in advance of this fact and must be available by phone at the time of collection for possible verification of the authorization. In case of doubt, the seller has the right to refuse to release the goods to the authorized person and any costs incurred in this way are fully covered by the buyer (transport costs, storage, handling).

Ordering goods, concluding a contract

The validity of an electronic order is conditional on the completion of all data and requirements specified in the form. The order is a draft purchase contract.

The conclusion of a purchase contract does not require formal confirmation of the order by the seller, the contract is then formed upon delivery of the goods. In some cases, especially more expensive ones, the seller may reserve the formation of the contract upon confirmation of the order.

1. Depending on the nature of the transaction (quantity of goods, price, shipping costs, distance, etc.), the seller is always entitled to request the buyer to authorize the order in an appropriate manner, for example by telephone or in writing. If the buyer refuses to authorize the order in the requested manner, the order is considered invalid.

2. If a long-term framework written purchase agreement is concluded between the participants, the electronic order further specifies and concretizes the concluded agreement and is an integral part of it.

3. Customers with whom a written purchase contract is concluded enjoy the benefits agreed upon when signing the contract, or unilaterally offered by the seller after concluding the contract, or after registration and subsequent allocation of an individual discount by the price list on www.nerezove.sk.

Price and payment

Prices listed on the website www.nerezove.sk are valid at the time of order creation. The prices listed in the printed price list are indicative and non-binding.

The seller reserves the right to printing errors, production changes, technological, shape, dimensional, innovative changes, price changes, in the event of changes in exchange rates, a significant increase in inflation or significant changes in delivery conditions of manufacturers and other suppliers of goods.

The purchase price shall be deemed paid upon payment of the entire purchase price for the delivered goods to the Seller's account or by payment in cash at the Seller's cash desk. In the event of failure to meet any payment deadline, the Buyer shall be obliged to pay the Seller a late payment fee of 0.5% of the value of the unpaid amount for each day of delay by the Buyer.

The seller reserves the right to exercise ownership of the goods until the purchase price has been paid in full.

The invoice issued on the basis of the purchase contract between the seller and the buyer is also a tax document. The buyer can only take over the goods after the purchase price has been paid in full, unless otherwise agreed.

The price of the goods includes the cost of shipping (postage) of €5.90 excluding VAT. The seller undertakes to provide the buyer with free shipping (postage) for orders over €150.00 excluding VAT, only within the territory of the Slovak Republic. For customers with a preferential price list (wholesale), this amount is individually agreed. Free shipping does not apply to specific orders.

Delivery time, transport conditions, postage, packaging

The delivery period begins on the day following the day on which the binding order was received, provided that all documents necessary for the delivery/order have been received.

If the goods are in stock and the buyer does not require additional requirements (e.g. packaging, surface treatment, material separation, etc.), the seller usually ships the goods within 24 hours to the carrier, which then guarantees delivery of the goods to the buyer within 24 hours on business days.

The seller may charge a reasonable fee for any division of the material (cutting, shearing). For orders of oversized material/goods (length over 1.75m or weight over 50kg), the seller may charge an additional fee to the standard shipping fee according to the current price list of the shipping company (DPD, SDS, Toptrans).

In the case of sending goods on a non-returnable wooden pallet 800 x 1200 mm, this pallet will be charged in full. The buyer will be refunded the price for this pallet only if it is personally handed over to the branch from which the pallet was charged.

The goods that are sent to the buyer must be packaged in such a way as to prevent damage.

In case of specific packaging requirements (e.g. glass), a reasonable surcharge will be charged.

If it is a specific order, the buyer will request a written confirmation of the order from the seller. In the event that the ordered stock goods in the usual quantity are not in stock or cannot be delivered within 5 working days, the seller will announce the expected delivery date. In this case, however, the buyer's consent will be requested. The delivery period is considered to have been met on time if the goods are ready for delivery at the place of performance no later than the last day of the agreed or additionally agreed delivery period.

If the seller is unable to send the stock goods to the buyer (to send them to the first carrier) within 30 calendar days, he is obliged to return all funds spent by the buyer in the current order - purchase contract to his account without undue delay.

The buyer is obliged to properly receive the goods from the carrier, check the integrity of the packaging, the number of packages and, in the event of any deficiencies, immediately notify the carrier. The invoice and tax document are attached to the goods.

Consumer rights to withdraw from the contract

1. Right of withdrawal: You have the right to withdraw from this contract without giving any reason within 14 days. The withdrawal period will expire after 14 days from the day on which you or a third party indicated by you, other than the carrier, takes possession of the goods.

   When exercising your right to withdraw from the contract, you must inform us of your decision to withdraw from this contract by a clear statement sent by post or e-mail to the address EURO-METALL spol. s ro, Vápenická 26, 971 01 Prievidza, telephone: + 421 46 542 52 37, fax: +421 46 542 05 97, e-mail: orders@euro-metall.skFor this purpose, you can use the model withdrawal form, which you can find here. you can downloadIf you use the electronic form, we will immediately confirm receipt of your withdrawal by e-mail. The withdrawal period is met if you send the notification of your exercise of the right of withdrawal before the withdrawal period has expired.

2. Consequences of withdrawal: After withdrawal from the contract, we will refund all payments that you have made in connection with the conclusion of the contract, in particular the purchase price, including the costs of delivering the goods to you. This does not apply to additional costs if you have chosen a type of delivery other than the cheapest standard delivery method offered by us. Payments will be refunded to you without undue delay, at the latest within 14 days from the day on which we receive your notification of withdrawal from this contract. Their payment will be made in the same way as you used for your payment, unless you have expressly agreed to a different method of payment, without charging any additional fees.
   Payment for the purchased goods will be refunded to you only after the goods have been delivered back to our address or after you have presented a document proving that the goods have been sent back, whichever is the earlier. Send the goods back to us or bring them to our address no later than 14 days from the date on which you exercise your right of withdrawal. The period is deemed to have been met if you send the goods back before the expiry of the 14-day period. You bear the direct costs of returning the goods. The goods must not be damaged, must be complete and accompanied by proof of purchase. You are only liable for any diminished value of the goods resulting from handling them in a manner other than that necessary to establish the nature, characteristics and functionality of the goods.

Warranty, service

The warranty period begins on the date of delivery of the goods to the buyer or end user at the time of sale. The seller provides a guarantee for the quality and completeness of the delivery.

The goods are supplied with a 24-month warranty, unless a different warranty period is specified for the goods. The warranty on the surface finish does not apply to goods treated with a base coat of paint and to surfaces without surface finish. If the buyer discovers defects upon receipt of the goods, he must immediately report these facts to the seller, always in writing and by registered mail, without undue delay.

Complaints are governed by the complaints procedure and the seller is obliged to handle each complaint within 30 days of its receipt.

Final provisions

These terms and conditions apply as stated on the seller's website on the day the electronic order is sent, unless otherwise agreed in writing between the participants.

In the case of a permanent contractual relationship (if a framework purchase agreement is concluded in writing), the buyer has the right to withdraw from the contract if a significant change in the terms and conditions occurs after the contract is signed.

If the order is sent after the date on which the terms and conditions have changed, the buyer agrees to the change. The withdrawal is effective from the moment of its delivery to the seller, but does not apply to the shipment already delivered to the carrier.

By sending an electronic order, the buyer accepts without reservation all provisions of the terms and conditions in the wording valid on the day the order is sent, as well as the price of the ordered goods valid on the day the order is sent (including any shipping and transport costs) stated in the price list on the website. www.nerezove.skunless demonstrably agreed otherwise.

The buyer is irrevocably bound by the sent order (draft purchase contract) within the time specified for the delivery of the goods.

Alternative consumer dispute resolution

1. Dear consumer. If you believe that we have violated your rights or you are not satisfied with the way we have handled your complaint, please send your request for redress to our email address: orders@euro-metall.sk.

2. If we respond to this request negatively, or do not respond to it within 30 days of sending it to the specified email address, or if you are not satisfied with our solution, then based on the amended Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller's premises and Act No. 391/2015 Coll. on alternative dispute resolution, you have the right to an alternative (out-of-court) method of dispute resolution.

3. You can submit a proposal in the manner specified in Section 12 of Act No. 391/2015 Coll. To submit a proposal, you can use the form, the template of which is also available on the website of the Ministry of Economy of the Slovak Republic in the section Trade - Consumer Protection - List of Alternative Dispute Resolution Entities.

4. The current list of alternative dispute resolution entities can be found on the website: http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporovThe consumer has the right to choose which of the listed alternative consumer dispute resolution entities to contact.

5. The address for submitting submissions in electronic form to the Slovak Trade Inspection is ars@soi.sk.

6. The alternative dispute resolution entity may reject the consumer's proposal, e.g.:
- if the quantifiable value of the dispute does not exceed 20 euros;
- if, given all the circumstances, it is obvious that alternative dispute resolution could only be conducted with disproportionate effort, etc.

7. The consumer can also file a complaint through the alternative dispute resolution platform Online Dispute Resolution, which is available at: https://ec.europa.eu/consumers/odrA complaint can be filed here by a consumer living in the EU against a trader established in the EU.

8. The costs associated with the alternative dispute resolution shall be borne by each party to the dispute separately without the possibility of reimbursement.

9. More information about alternative dispute resolution can be found on the website of the Ministry of Economy of the Slovak Republic in the section Trade - Consumer Protection - Alternative Resolution of Consumer Disputes.

Complaints procedure

Article I

Right to make a complaint:

If a defect occurs in the purchased goods, the consumer has the right to complain about the defect due to a conflict with the consumer purchase contract. The consumer complains about this defect immediately and without delay, i.e. immediately after its discovery. For a correct assessment of the complaint, it is necessary that the consumer no longer uses the goods after discovering the defect, that the claimed goods are clean, complete and in accordance with hygiene regulations or general hygiene principles.

When using the goods, the consumer is obliged to comply with, in addition to generally known rules, the conditions set out for the use of the goods in the warranty card or instructions for use, to use and care for the goods in accordance with their natural lifespan and must not break the seals if the goods are sealed.

Article II

Place of claim:

The consumer files a complaint in the complaints department of any of the seller's establishments with regard to the product range sold.

If the warranty certificate states a company designated to carry out the repair, which is located at the seller's place of business or at a location closer to the consumer, and the consumer does not intend to withdraw from the consumer purchase contract and request a refund of the purchase price, he will exercise his right to repair at the company designated to carry out the repair. In doing so, he will exercise his right under the warranty.

To exercise the rights of liability for defects (complaint), a proof of purchase (cash slip) is always sufficient. Submission of a proof of purchase for the purpose of a complaint is also sufficient if a warranty certificate was issued but the customer has lost it. In such a case, the complaint must be accepted, and a 24-month warranty will be provided for the goods, but not a longer one, although such a longer warranty period may have been indicated in the lost warranty certificate.

Article III

Seller's responsibility:

When selling goods, the seller is responsible for ensuring that the goods are in accordance with the consumer purchase contract, i.e. that the goods sold have the quality and performance properties required by the contract, described by the seller, the manufacturer or its representative, or expected based on their advertising, or the quality and performance properties usual for goods of such a type, that they comply with the requirements, legal regulations, are in the specified corresponding quantity, measure or weight and correspond to the purpose stated by the seller when using the goods or for which the goods are usually used.

If the goods have defects when the consumer receives them, it is in breach of the consumer purchase contract.

The seller is liable to the consumer for defects that appear as a contradiction with the consumer purchase contract after receipt of the goods within the warranty period.

The seller is not liable for a breach of the consumer purchase contract if:

- the consumer caused the defect in the goods himself,

- the consumer knew about the defect of the goods before receiving the goods,

- the consumer's complaint contradicts the nature of the goods, especially the expiration of the shelf life of the goods,

- it is proven that there is a conflict with the consumer purchase contract.

The seller is not responsible for defects:

- for which a discount was provided on the price of the goods,

- which arose during the warranty period as a result of natural wear and tear of the goods, their incorrect or excessive use, incorrect maintenance and service, or after the expiry of the useful life of the goods,

- associated with the breach of the protective seal on the goods,

- caused by an unauthorized person's intervention in the goods or their components.

A receipt must be issued to the customer regarding the received complaint, indicating the date on which the complaint was received.

stated what goods are being claimed, when and where the claimed goods were purchased and the price at which the goods were purchased.

If a consumer complains about defects in goods, an employee of the complaints department is obliged to properly examine the complaint and decide on its handling immediately, in complex cases within 3 working days. This three-day period for deciding on a complaint does not include the time appropriate, depending on the type of product or service, necessary for a professional assessment of the defect. However, the handling of the complaint may not take longer than 30 days from the date of filing the complaint.

If the consumer is not satisfied with the handling of the complaint, the employee who handled the complaint will call the relevant manager, who will reassess the entire situation and decide on the handling of the complaint.

Article IV

Deadlines for filing a complaint:

The seller is liable for defects in non-food goods for a period of 24 months from the date of receipt of the goods by the consumer, unless a longer period is stated on the goods, their packaging, instructions or warranty certificate. The seller shall specify the conditions and scope of this longer warranty period in the warranty certificate. If the manufacturer (seller's supplier) provides a longer warranty period for its products than 24 months, the seller may not shorten this period, even if this only concerns some part of the goods.

If it is a used item, the buyer and the seller may agree on a shorter warranty period, but not less than 12 months.

The seller will not issue warranty certificates unless requested by the consumer. At the consumer's request, the seller is obliged to issue a warranty certificate. If the nature of the matter allows, it will be sufficient to issue the consumer with a proof of purchase of the goods instead of a warranty certificate. The consumer will be explained that a proof of purchase is sufficient to settle the complaint.

The seller will issue warranty certificates in the case of warranty periods longer than 24 months provided for its own products and for goods sold for which the warranty certificate was packaged with the product by the supplier.

The warranty certificate contains the business name and registered office of the seller, the content of the warranty, the scope and conditions of the warranty, the length of the warranty period, and the data necessary for making a complaint. If the warranty certificate does not contain all the necessary information, this does not invalidate the warranty. The content, scope and conditions of the warranty mean:

- for which features of the goods a longer warranty period is provided (it may be only some selected features, it may not necessarily be the product as a whole),

- what performance will the seller provide (if a defect occurs within the provided warranty period - it can be agreed, for example, to always refund the purchase price paid or exchange for defect-free goods),

- what documents the buyer must submit when exercising the rights under the warranty provided in this way, or what other conditions he must meet, e.g. in the case of an extended warranty, return with the original packaging, etc., in order to be able to assert his rights under the warranty.

If the complaint is resolved by repair, the warranty period is extended by the period from the date of the complaint to the date on which the consumer is obliged to take over the goods after the repair, even if the buyer has not done so. The seller is obliged to issue the buyer with a confirmation of when he exercised this right, as well as of the repair and its duration.

If the complaint is resolved by exchanging the defective goods for goods without defects, the new warranty period for the new goods begins again from the date of receipt of the new item or from the date on which the customer was obliged to collect the item after the complaint was resolved.

If a claim for defective goods, for which the seller is responsible, is not made within the warranty period, the right to liability for the defect expires.

If the consumer has not collected the item after the complaint has been resolved (maximum 30 days after receipt of the complaint), although he/she was duly notified of the resolution of the complaint by registered letter with a request to collect the item, the seller proceeds as follows:

- after the deadline for collecting the complaint, which was set for the consumer in the previous notice or after the expiry of a reasonable period, the seller will send the consumer a second notice in the form of a registered letter with a delivery note to collect the item from the relevant establishment and will set a reasonable period for this (standard 1 month from delivery),

- if the customer does not pick up the item even after this period has expired (the period is calculated from the date of delivery indicated on the delivery receipt, or from the date of deposit at the post office if the shipment is returned), the seller may sell the item after 6 months (or earlier, depending on the estimate and storage capabilities of the relevant store, as decided by the store manager),

- if the item is sold (if it is a used item after repair, it must be sold at a discount and a shorter warranty period can be indicated, but at least 12 months), it is necessary to keep records of the price and when the item was sold,

- if a customer appears after the collection period and requests the release of his/her item, it is necessary to tell him/her and prove that he/she was invited to collect the item twice and that the item was sold because he/she did not show up, because the seller cannot store uncollected items for a long time; the store manager may offer the consumer a refund of part of the amount for which the item was sold,

- storage fees will not be charged.

Article V

Consumer rights:

In the event of defects in the goods that the consumer claims during the warranty period, he has the right to, if they can be removed,

defects so that the defect is removed free of charge, properly and in a timely manner. The seller is obliged to remove the defect without

Instead of removing the defect, the buyer may request the replacement of the item or, if the defect concerns only a part of the item, the replacement of this part, provided that this does not cause the seller any

unreasonable costs in relation to the price of the goods or the severity of the defect. The seller may always

Instead of removing the defect, replace the defective item with a perfect one. The unreasonableness of the costs will be assessed by the head of the sales operation in accordance with the instructions received from the sales and marketing department. He will also assess the possibility of replacing the defective item with a perfect one. When replacing an item, it is not important whether the item has already been used.

In the case of defects that cannot be removed and that prevent the item from being used properly as a non-defective item,

defects, the consumer has the right:

- to exchange an item or

- the right to withdraw from the contract and demand a refund of the purchase price.

The consumer has the right to choose the option.

If the defect is removable, but due to the reoccurrence of the defect after repair (at least two

previous repairs of the same defect) or for a larger number of defects (at the time of filing the complaint, the

goods simultaneously have at least three different removable defects) the consumer cannot use the goods properly, he has the right to

exchange of the item or the right to withdraw from the contract and demand a refund of the purchase price.

The consumer has the same rights as for defects that cannot be removed even if the repair of the defective goods has not been carried out within 30 days of submitting the complaint.

If the defects are irremovable and do not prevent the proper use of the item, the consumer has the right to a reasonable discount on the price depending on the nature of the defect. The seller is obliged to provide a discount on the price or refund a part of the purchase price already paid.