Terms and conditions for e-shop

The purpose of these terms and conditions is to define and specify the rights and obligations of the seller (supplier) on the one hand and the buyer (customer, consumer) on the other. All contractual relations between the seller and the buyer are concluded in accordance with the law of the Slovak Republic. If the contracting party is a consumer, legal relations not regulated by these terms and conditions are governed by Act No. 40/1964 Coll. Civil Code, as amended, Act No. 250/2007 Coll. on consumer protection, as amended, Act No. 108/2000 Coll. on consumer protection in door-to-door sales and mail order sales, as amended. If the contracting party is an entrepreneur, legal relations not regulated by these terms and conditions are governed by Act No. 513/1991 Coll. Commercial Code as amended.

1. Definition

   1. In these Terms and Conditions.

      1. " E-shop " means a computer program - an Internet application that is available on the Internet via the Internet address https://mater.store, the main functionality of which is the display, selection and ordering of goods by the User;

      2. " Consumer Contract " means a Purchase Contract if the contracting parties are, on the one hand, the supplier and, on the other hand, the consumer;

      3. " Seller " (supplier) a person who, when concluding and performing a consumer contract, acts within the scope of his commercial or other business activity. This is an entrepreneur who offers or sells products or provides services to the consumer and also an entrepreneur who directly or through other entrepreneurs supplies the product to the buyer;

      4. " Consumer " (buyer) is a person who purchases products or uses services for personal use or for members of his household, and who, when concluding and performing a consumer contract, is not acting within the scope of his trade or other business activity;

      5. A buyer who is not a consumer is a person who, when concluding and performing a purchase contract, acts within the scope of his commercial or other business activity;

      6. Conclusion of the purchase contract - the buyer's order represents a proposal to conclude a purchase contract. The purchase contract itself is concluded at the moment of delivery of the seller's binding consent to the purchase contract proposal to the buyer, i.e. binding confirmation of the order by the seller. From this moment on, mutual rights and obligations arise between the seller and the buyer, which are defined by the purchase contract and these terms and conditions. The terms and conditions are an integral part of the purchase contract;

      7. " Shopping Cart " means a part of the E-shop that is automatically generated by the activation of the relevant functions by the User as part of his actions in the user environment of the E-shop, in particular by adding or removing Goods or Services/or changing the quantity of the selected Goods or Services;

      8. " Civil Code " means Act No. 40/1964 Coll., Civil Code, as amended;

      9. " Operator " means the company MaTer sro, ID number: 52 791 203, with its registered office at Sídlisko duklianskych hrdinov 3980/21, 080 01 Prešov;

      10. " Access Data " means a unique login name and associated password entered by the User into the E-shop database upon Registration;

      11. " Registration " means the electronic registration of the User into the E-shop database, by filling in at least the mandatory registration data in the E-shop user interface and Access Data and subsequently saving them into the E-shop database;

      12. " User " means any legal or natural person who uses the E-shop;

      13. " User Account " means a part of the E-shop that is established for each User through Registration (i.e. it is unique for each User) and made accessible after entering the Access Data;

      14. " Goods " means an item offered by the Operator for sale to the User through the E-shop and, if offered with the Goods, also a license to use this item;

2. Contract conclusion process

   1. The Operator offers Users the possibility to conclude a Purchase Agreement through the E-shop. The Operator's offer to conclude a Purchase Agreement is the display of a button marked "Order with payment obligation" in the E-shop user interface.

   2. Clicking on the button marked "Order with payment obligation" is considered to be the unreserved acceptance of the Operator's offer to conclude a Purchase Agreement pursuant to paragraph 2.1 of these Terms and Conditions by the User.

   3. by unconditional acceptance of the offer pursuant to paragraph 2.2 of these Terms and Conditions.

   4. The contract is concluded at the moment when the electronic information about clicking on the "Order with payment obligation" button is sent to the User via the Internet to the server where the E-shop is installed.

   5. The User undertakes to fill in true and complete data in the relevant text fields in the user environment of the E-shop, in particular to fill in his/her email address, identification data and, if applicable, delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him/her to be correct and complete and is not obliged or entitled to check the entered data.

   6. The Operator will send the User an email message about the conclusion of the Purchase Contract to the email address entered by the User in the relevant field in the E-shop user environment.

3. Purchase contract

   1. Upon conclusion of the Purchase Agreement, the following provisions become effective:

      1. The User purchases from the Operator the Goods that the User has selected in the E-shop user environment by placing them in the Shopping Cart, in the quantity that the User has selected and/or set for the given Goods in the E-shop user environment, and the User undertakes to pay the Operator the price for the given Goods that is stated for such Goods in the E-shop user environment.

      2. The Operator has the right to withdraw from the Purchase Agreement for any reason or without giving a reason until the moment the Goods are sent to the User. Withdrawal from the Purchase Agreement is also considered to be a legal action by the Operator consisting in notifying the User that the Goods ordered by him cannot be delivered.

      3. The Operator is entitled to request additional confirmation of the order from the User at any time and is entitled to delay sending the Goods to the User until it receives confirmation of the order from the User.

      4. The method of packaging the Goods is determined solely by the Operator.

      5. The User is obliged to pay the Operator the costs associated with the packaging and delivery of the goods to the User in the amount specified for the given order in the user environment of the E-shop.

      6. The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and, if applicable, other monetary payments to the Operator.

      7. If any of the payment methods contains information about the costs of making such a payment, the User is obliged to bear the costs of making this payment, which are stated for the given payment in the user environment of the E-shop.

      8. In the case of cashless payment by bank transfer, the User is obliged to provide the variable symbol determined by the Operator.

      9. In the case of cashless payment, the User's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the bank account designated by the Operator.

      10. The Operator has the right to provide the User with a discount on the price of the Goods. Discounts on the price of the Goods cannot be combined with each other, unless expressly stated otherwise for a specific discount.

      11. The purchase price for the Goods does not include any payments, fees or other remuneration that the User must incur for services provided by third parties in connection with the payment of the purchase price for the Goods; these costs are solely the User's costs.

      12. The Operator reserves the right of ownership to the Goods that are the subject of the Purchase Agreement until the purchase price for the Goods has been paid in full by the User.

      13. The Operator undertakes to deliver the Goods to the User within a reasonable period of time from the conclusion of the Purchase Agreement. All deadlines for the delivery of the Goods are listed in the user interface of the E-shop. The delivery time of the Goods may vary depending on the selected method of transport and the availability of the Goods in stock. A reasonable delivery time is considered to be 3-5 working days. In other cases, the Operator will inform the User about the changed delivery time of the Goods.

      14. The Operator will always send the User a tax document - invoice in electronic form, to the User's email address entered in the User environment of the E-shop when placing the order.

      15. If the Operator provides the User with a gift together with the Goods, the gift agreement between the User and the Operator is concluded with a termination condition that if the Purchase Agreement is withdrawn, the given gift agreement is cancelled without further ado from the beginning together with the Purchase Agreement and the User is obliged to return the gift provided to the Operator together with the purchased goods.

      16. The Operator provides the User with a warranty for the purchased Goods, if the warranty period is stated for the given Goods in the user environment of the E-shop, for the duration of the stated warranty period, whereby the stated warranty applies only to Consumers.

      17. The User is entitled to exercise rights arising from defective performance with the Operator at the address of its registered office and/or operation. The moment of exercising the claim is considered the moment when the Operator receives the claimed Goods from the User.

      18. If the E-shop user environment states that a given Product is used, the User purchases the Product in a used condition, including the stated defects of the Product.

      19. The risk of loss, damage and/or destruction of the Goods that are the subject of the Purchase Agreement passes to the User, who is the Consumer, at the moment of receipt of the goods by the User.

      20. The risk of loss, damage and/or destruction of the Goods that are the subject of the Contract passes to the User, who is not a Consumer, at the moment of receipt of the goods by the User.

4. User account

   1. The User has the right to create a User Account by Registration.

   2. The User is obliged to enter Access Data before entering the User Account.

   3. The User's identification data entered during Registration are considered to be the data entered when ordering each Product that the User places after logging into their User Account.

   4. The User may not provide third parties with Access Data or any other access to the User Account. The User is obliged to take all reasonable measures to keep them confidential. The User is fully liable for any unauthorized use of these access data or the User Account and for any damage caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the User is obliged to notify the Operator of this fact without undue delay. The Operator will provide the User with new access data within a reasonable period of time.

   5. The Operator is entitled to unilaterally change these Terms and Conditions; the change shall be notified to the User via the E-shop and/or by email to the User's email address entered in the E-shop database. The User has the right to reject changes to the Terms and Conditions within 14 days from the first login to the User account after notification of the change to the Terms and Conditions (in the case of delivery via the E-shop) or from the delivery of the given email message to the User's email inbox (in the case of delivery by email message) and to terminate the obligation for this reason within a notice period of 14 days, which the contracting parties agree is sufficient to procure similar services from another supplier.

5. Consumer Information

   1. The Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days from the date of receipt of the Goods. In the event that the subject of the Purchase Contract is several other Goods or the delivery of several parts, this period shall expire from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Contract must be sent to the Operator (as the seller) within the period specified in this paragraph.

   2. If the Consumer withdraws from the Purchase Contract, he is obliged to notify in writing his bank account number for the refund of the purchase price for the Goods, which may be reduced if the legal grounds for this are met.

   3. If the Consumer withdraws from the Purchase Contract regarding the Goods that are returned to the Operator damaged and/or worn, especially if the original markings of the Goods (ie labels, stickers, etc.) have been removed, the Consumer is obliged to reimburse the Operator for the costs of restoring the Goods to their original condition.

   4. In the event of the Consumer's withdrawal from the Purchase Contract, the Operator is obliged to refund the purchase price to the Consumer without undue delay, no later than 14 days from the date on which he was informed of the Consumer's decision to withdraw from the Purchase Contract.

   5. If the Consumer has received the Goods consisting of movable items under the Purchase Contract, he is obliged to send them back to the Operator without undue delay, no later than 14 days from the date of withdrawal from the Purchase Contract, or to hand them over to the Operator's business address or registered office. The period is considered to have been observed even if the movable items are sent to the Operator no later than the last day of the above-mentioned period.

   6. The Consumer is liable to the Operator for any reduction in the value of the Goods as a result of handling the Goods in a manner other than that necessary to become familiar with the nature and properties of the Goods, including their functionality.

   7. The form for withdrawal from the Purchase Agreement is Annex No. 1 to these Terms and Conditions. You can download it here.

   8. The Operator uses the option of out-of-court settlement of consumer complaints. In the event of a complaint, Consumers can contact the relevant employee of the Operator free of charge via the email address support@mater.store.

6. Complaints procedure

   1. The Operator is responsible to the Consumer that the Goods are free of defects upon receipt. This does not apply if the subject of the Purchase Contract is goods with defects that the Operator, if known to it or, taking into account all circumstances, should have been known to it, is obliged to notify the Consumer.

   2. If the Goods contain defects, the Consumer has the right to demand the delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect, or if the subject of the Purchase Contract was Goods with defects that the Operator, if the defects were known to him or, taking into account all the circumstances, should have been known, notified to the Consumer. If the defect concerns only a part of the Goods, the Consumer may only demand the replacement of that part of the Goods; if this is not possible, he has the right to withdraw from the Purchase Contract.

   3. The Consumer has the right to have new Goods delivered or a part of the Goods replaced even in the event of a removable defect, unless the Goods cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Contract.

   4. If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to delivery of new Goods without defects, or to replace a part of it or to repair the Goods, he may request an appropriate discount on the price of the Goods. The Consumer has the right to an appropriate discount on the price of the Goods even if the Operator cannot deliver new Goods without defects, replace a part of it or repair the Goods, as well as if the Operator does not arrange for remediation within a reasonable time, or if arranging for remediation would cause the Consumer significant inconvenience.

   5. The Consumer does not have the right to claim defective performance if the Consumer knew before receiving the Goods that the Goods had a defect, or if the Consumer caused the defect himself.

   6. The Operator's liability for defects in the Goods does not apply to wear and tear of the Goods caused by their normal use, in the case of Goods sold at a lower purchase price for a defect for which the lower purchase price was agreed, in the case of used Goods for a defect corresponding to the degree of use or wear and tear that the Goods had when taken over by the Consumer, or if this results from the nature of the Goods.

   7. If a warranty is provided for the Goods, the Consumer has the right to claim liability for defective performance during the warranty period.

   8. At the request of the Consumer, the Operator is obliged to provide the Consumer with a warranty certificate. If the nature of the Goods allows it, it is sufficient to issue the Consumer with a proof of purchase of the Goods containing the data that must be included in the warranty certificate instead of a warranty certificate.

   9. In the event that the Consumer exercises his right to have defects in the Goods removed by repair, in the case of Goods for which the designated entrepreneur for warranty repairs is different from the Operator, whose registered office or place of business is in the same location as the Operator or in a location closer to the Consumer, the Consumer shall exercise the right to warranty repair with this entrepreneur.

   10. A complaint about the Goods, including the removal of defects in the Goods, must be resolved without undue delay, no later than 30 days from the date of the complaint, unless the Operator and the Consumer agree on a longer period. After this period has expired, the Consumer has the same rights as if it were a material breach of the Contract.

   11. The period for handling a complaint does not expire if the Operator has not received from the Consumer all the documents necessary for handling the complaint, until the documents are delivered.

   12. After properly handling the complaint, the Operator or an entity designated by him will invite the Consumer to take over the repaired Goods.

   13. The right to exercise rights arising from defects in the Goods shall lapse in the event of unprofessional assembly or unprofessional commissioning of the Goods, as well as in the event of unprofessional handling of the Goods, i.e. in particular when using the Goods in conditions that do not correspond to the parameters specified in the documentation for the Goods.

7. Alternative dispute resolution

   1. The Customer – Consumer – has the right to contact the Operator – Seller with a request for redress by e-mail to support@mater.store if he is not satisfied with the manner in which the Seller has handled his complaint or if he believes that the Seller has violated his rights. If the Seller responds negatively to this request or does not respond to it within 30 days of its sending, the Consumer has the right to submit a proposal to initiate alternative dispute resolution with an alternative dispute resolution entity (hereinafter referred to as the ADR entity) pursuant to Act 391/2015 Coll. ADR entities are authorities and authorized legal entities pursuant to Section 3 of Act No. 391/2015 Coll. The Consumer may submit a proposal in the manner specified in Section 12 of Act No. 391/2015 Coll.

   2. The consumer can also file a complaint through the alternative dispute resolution platform RSO, which is available online at: http://ec.europa.eu/consumers/odr/index_en.htm.

   3. Alternative dispute resolution may only be used by a Consumer – a natural person who, when concluding and performing a consumer contract, is not acting within the scope of his/her business activity, employment or profession. Alternative dispute resolution only applies to a dispute between the Consumer and the Seller, arising from or related to a consumer contract. Alternative dispute resolution only applies to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the Consumer to pay a fee for initiating alternative dispute resolution up to a maximum of EUR 5 including VAT.

8. Personal data protection

   1. When processing personal data, the Operator proceeds in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (hereinafter referred to as the "GDPR") and Act No. 18/2018 Coll. on the protection of personal data and on amending and supplementing certain acts.

   2. Detailed information on how we collect, process and protect the personal data of our customers when using our services is regulated in the privacy policy.

9. Cookies

The Operator hereby informs the User that it processes the User's cookies, including permanent cookies, and the User hereby consents to this.

The consent pursuant to the previous paragraph is granted for a period of 1 month.

The Operator processes the User's cookies to personalize content and advertisements, to use social media functions and to analyze traffic. The Operator shares information about how the User uses the E-shop with its partners operating in the field of social media, advertising and analysis.

10. Using the E-shop

    1. The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Terms and Conditions.

    2. The Operator has the right to change the E-shop, i.e. its technical solution and/or user interface.

    3. The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for a period necessary for maintenance or repair of the E-shop.

    4. The User is obliged to comply with the valid and effective legal regulations of the Slovak Republic and the European Community when using the E-shop. The User is obliged to compensate in full for any damage that the Operator or third parties may suffer as a result of the User's breach of this obligation.

    5. In the event of a violation of these Terms and Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account.

11. Operator's Statements

    1. The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and are protected against changes.

    2. Due to a technical error in the E-shop, the purchase price of the Goods may be displayed, the amount of which does not correspond to the usual price for such Goods on the market; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price, contacts the User and informs him of the actual purchase price of the Goods, and the User has the right to decide whether to accept the Goods at the actual purchase price, and if this does not happen, the Purchase Agreement is cancelled from the beginning.

    3. The User acknowledges that photographs of the Goods in the E-shop may be illustrated or may give a misleading impression as a result of their conversion into a display on the User's technical device, therefore the User is obliged to always familiarize himself with the full description of the Goods and, in case of any ambiguities, contact the Operator.

    4. The Operator's contact details for communication with the User are listed in the E-shop user interface in the Contact Us section.

12. Right to withdraw from the purchase contract

    1. The Buyer is entitled to withdraw from the Purchase Agreement without giving any reason in accordance with the provisions of Section 7 et seq. of Act No. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter referred to as the " Consumer Protection Act in Distance Selling ") within 14 days from the receipt of the goods, or from the date of conclusion of the contract for the provision of a service or a contract for the provision of electronic content not supplied on a tangible medium, if the Seller has timely and properly fulfilled the information obligations pursuant to the provisions of Section 3 of the Act on Consumer Protection in Distance Selling.

    2. The buyer has the right, within this period after receipt, to unpack the goods and try them out in a manner similar to that which is usual when purchasing in a classic "brick and mortar" store, to the extent necessary to determine the defects, properties and functionality of the goods.

    3. The Buyer is obliged to return the goods or hand them over to the Seller or to a person authorized by the Seller to collect the goods within 14 days from the date of withdrawal from the contract. This does not apply if the Seller proposes to collect the goods in person or through a person authorized by him. The period according to the first sentence is considered to have been observed if the goods were handed over for transport no later than the last day of the period.

    4. It is not possible to withdraw from the contract for goods enclosed in protective packaging, which is not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery.

    5. If the Buyer has already received the ordered goods, he is obliged to return them in the original undamaged packaging. If the Buyer returns the ordered goods damaged, partially consumed or in a condition that does not correspond to the condition in which they were sent by the Seller, he acknowledges that the Seller is entitled to reimburse the resulting damage, which the Seller is obliged to prove, from the amount paid by the Buyer for the ordered goods.

    6. The Buyer is also obliged to provide contact details and the account number to which the amount for the ordered Goods, transferred by the Seller, is to be paid in the withdrawal from the contract. The Seller is obliged to return to the Buyer without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, all payments received from him under the contract or in connection with it. The Seller is not obliged to return these payments to the Buyer before the goods are delivered to him or until the Buyer proves that the goods have been sent back to the Seller, unless the Seller proposes to collect the goods in person or through a person authorized by him.

    7. If the Buyer withdraws from the Purchase Agreement, it shall be cancelled from the beginning, as well as any supplementary agreement related to the Purchase Agreement from which the Buyer withdrew. The Buyer may not be required to pay any costs or other payments in connection with the cancellation of the supplementary agreement, except for the payment of the costs and payments referred to in the provisions of Section 9, Paragraph 3, Section 10, Paragraphs 3 and 5 of the Act on Consumer Protection in Distance Selling and the price for the service, if the subject of the agreement is the provision of a service and the service has been fully provided.

    8. The Buyer shall bear the costs of returning the goods to the Seller or to a person authorized by the Seller to take over the goods. This shall not apply if the Seller has agreed to bear them himself or if he has not fulfilled his obligation under Section 3(1)(i) of the Distance Selling Consumer Protection Act.

    9. The Buyer is only liable for any reduction in the value of the Goods resulting from handling the Goods that goes beyond the handling necessary to establish the properties and functionality of the Goods. The Consumer is not liable for any reduction in the value of the Goods if the Seller has not fulfilled the information obligation on the Consumer's right to withdraw from the contract pursuant to Section 3, paragraph 1, letter h) of the Act on Consumer Protection in Distance Selling.

    10. In the event that the Buyer withdraws from the contract and delivers to the Seller the Goods that are used, damaged or incomplete, the Buyer undertakes to pay to the Seller the value by which the value of the Goods has been reduced pursuant to the provisions of Section 457 of the Civil Code in the actual amount and the costs incurred by the Seller in connection with the repair of the Goods and its restoration to its original condition calculated according to the price list for (post)warranty service of the Goods. The Buyer is obliged, pursuant to this point of the complaints and business terms and conditions, to pay to the Seller compensation not exceeding the difference between the purchase price of the Goods and the value of the Goods at the time of withdrawal from the Purchase Contract.

    11. In accordance with the provisions of Section 7, Paragraph 6 of the Act on Consumer Protection in Distance Selling, the Buyer may not withdraw from a contract whose subject matter is:

sale of goods made according to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer,

sale of goods enclosed in protective packaging that is not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,

sale of sound recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has opened this packaging,

provision of electronic content other than on a tangible medium, if its provision began with the consumer's express consent and the consumer declared that he was duly informed that by expressing this consent he loses the right to withdraw from the contract.

sale of goods that, after the conclusion of the contract and receipt of the goods from the seller to the buyer, have been assembled, folded or used in such a way that their restoration to their original condition by the seller is not possible without increased effort and increased costs, e.g. folded or assembled furniture, etc.

13. Final provisions

    1. The relevant provisions of the Civil Code, Act No. 22/2004 Coll. on electronic commerce and amending Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and amending certain acts as amended by Act No. 284/2002 Coll. as amended by later regulations and Act No. 102/2014 Coll. on consumer protection in distance selling apply to relationships not regulated by these Business and Complaints Terms and Conditions.

    2. The supervisory authority is the Slovak Trade Inspection.

    3. The Consumer has the option of contacting an alternative consumer dispute resolution body, which is (albeit non-bindingly) authorized to assess any disputes between the Consumer as a customer of the E-shop and the E-shop Operator.

    4. These business and complaint terms and conditions come into effect for the Buyer upon conclusion of the Purchase Agreement.

14. Governing law

    1. These Terms and Conditions, as well as the Purchase Agreement, are governed by the laws of the Slovak Republic.

15. Efficiency

    1. These Terms and Conditions are effective from December 6, 2019.