GENERAL BUSINESS TERMS FOR E-SHOPS

These general terms and conditions (“ Terms ”) govern the rights and obligations of you, as buyers, and us as sellers within the framework of contractual relationships concluded through the E-shop on the MYHOCKEYSTICK.EU website

All information about the processing of your personal data is contained in the personal data processing policy, which can be found here /COOKIES/

As you surely know, we primarily communicate remotely. Therefore, it also applies to our Agreement that means of remote communication are used, which allow us to come to an agreement without the physical presence of us and you.

If any part of the Terms and Conditions contradicts what we have jointly agreed upon in the process of your purchase on Our E-shop, this particular agreement will take precedence over these Terms and Conditions.

SOME DEFINITIONS

The price is the financial amount you will pay for the Goods;

The shipping price is the financial amount that you will pay for the delivery of the Goods, including the price for its packaging;

The total price is the sum of the Price and the Shipping Price;

VAT is a value added tax according to the applicable legal regulations;

The e-shop is an online store operated by Us at the address HERM s.r.o. 9.mája 55, 9741 Bánska Bystrica, where the purchase of Goods will take place;

An invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;

We are the company HERM s.r.o. , with registered office 9.mája 55, 97401 Bánska Bystrica ID: 56284870 , registered in the Commercial Register maintained by the District Court , section Bánska Bystrica , insert no. 620-48882, e-mail: [email protected] , referred to by law as the seller;

The order is your irrevocable proposal to conclude a contract for the purchase of goods with us;

The product is everything you can buy on the E-shop ;

A user account is an account established on the basis of the data provided by you, which enables the storage of entered data and the preservation of the history of ordered Goods and concluded contracts;

You are a person shopping at Our E-shop, referred to by law as a buyer;

The contract is a purchase contract agreed on the basis of a duly completed Order sent through the E-shop, and is concluded at the moment when you receive confirmation of the Order from Us.

GENERAL PROVISIONS AND INSTRUCTIONS

The purchase of Goods is possible only through the web interface of the E-shop.

When purchasing Goods, it is your duty to provide us with all information correctly and truthfully. We will therefore consider the information you provided to Us when ordering the Goods to be correct and true.

CLOSING OF THE CONTRACT

It is possible to conclude a contract with us in Slovak and English.

The contract is concluded remotely via the E-shop, while the costs for the use of remote communication means are paid by you. However, these costs do not differ in any way from the basic rate that you pay for the use of these resources (that is, especially for Internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree to the use of means of remote communication.

In order for us to conclude the Agreement, it is necessary that you create a draft Order on the E-shop. This proposal must include the following information:

Information about the purchased Goods (in the E-shop, you mark the Goods you are interested in purchasing with the “Add to basket” button);

Information on the Price, Shipping Price, VAT, method of payment of the Total Price and required method of delivery of the Goods; this information will be entered as part of the creation of the draft of the Order within the user environment of the E-shop, while information on the Price, Shipping Price, VAT and Total Price will be entered automatically on the basis of the Goods selected by you and the method of its delivery;

Your identification data used to enable us to deliver the Goods, especially in the scope of name, surname, delivery address, telephone number and e-mail address;

In the case of a Contract based on which we will deliver the Goods to you regularly and repeatedly, also information on how long we will deliver the Goods to you.

During the creation of the draft Order, you can change and check the data until the time of its creation. After checking by pressing the “Order with payment obligation” button, you will create the order. However, before pressing the button, you must confirm your familiarity with and agreement with these Terms, otherwise it will not be possible to create the Order. A check box is used for confirmation and consent. After pressing the “Order with payment obligation” button, all the filled-in information will be sent directly to Us.

We will confirm your Order as soon as possible after it is delivered to Us with a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order on our part, the Contract between Us and You is concluded. The terms and conditions in the wording effective on the day of ordering form an integral part of the Agreement.

There may also be cases when we will not be able to confirm your Order. This mainly concerns situations where the Goods are not available or cases where you order a larger number of Goods than is allowed by us. However, we will always provide you with information about the maximum number of items in the E-shop in advance, so it should not be surprising to you. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In that case, the contract is concluded the moment you confirm Our offer.

In the event that an obviously incorrect Price is indicated in the E-shop or in the draft Order, mainly due to a technical error, we are not obliged to deliver the Goods to you at this Price even if you have received confirmation of the Order, and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In that case, the new Contract is concluded at the moment when you confirm Our offer. In the event that you do not confirm Our offer even within 3 days of its sending, we are entitled to withdraw from the concluded Agreement. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or is missing or has an extra digit.

In the event that the Agreement is concluded, you are obligated to pay the Total Price.

If you have a User Account, you can place an Order through it. Even in that case, you have the obligation to check the correctness, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.

In some cases, we allow you to use a discount for the purchase of Goods. In order to provide a discount, it is necessary that you fill in the information about this discount in the pre-determined field as part of the draft Order. If you do so, the Goods will be provided to you at a discount.

USER ACCOUNT

Based on your registration in the E-shop, you can access your User account.

When registering a User Account, it is your duty to correctly and truthfully enter all the entered data and, in the event of a change, to update them.

Access to the User Account is secured by a username and password. Regarding these access data, it is your duty to maintain confidentiality and not to provide this data to anyone. In the event that they are misused, we bear no responsibility.

The user account is personal and you are therefore not authorized to enable its use by third parties.

We can cancel your User Account, especially if you do not use it for more than 2 years, or if you violate your obligations under the Agreement.

The user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.

PRICE AND PAYMENT TERMS, RESERVATION OF TITLE 

The price is always stated within the E-shop, in the draft Order and in the Contract. In the event of a discrepancy between the Price specified for the Goods within the E-shop and the Price specified in the draft Order, the Price specified in the draft Order shall apply, which will always be identical to the price in the Contract. As part of the draft Order, the Price for shipping, or the conditions when shipping is free, is also indicated.

The total price is stated including VAT, including all fees established by special legal regulations.

We will request payment of the Total Price from you after concluding the Contract and before handing over the Goods. You can pay the total price in the following ways:

By card online. In such a case, payment is made through the Stripe.com payment gateway , while the payment is governed by the terms and conditions of this payment gateway, which are available at: www.stripe.com. In the case of payment by card online, the total price is payable immediately .

In cash upon personal collection. It is possible to pay for the Goods in cash in the case of collection at our establishment. In the case of payment in cash upon personal collection, the Total price is payable upon receipt of the Goods.

The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address specified in the Order. The invoice will also be physically attached to the Goods and available in the User Account, if you have one set up.

Ownership of the Goods passes to you only after you pay the Total Price and take delivery of the Goods. In the case of payment by bank transfer, the total price is paid by crediting to Our account, in other cases it is paid at the time of making the payment.

DELIVERY OF GOODS, PASSING OF THE RISK OF ACCIDENTAL DAMAGE AND ACCIDENTAL DETERIORATION OF THE OBJECT OF PURCHASE

The goods will be delivered to you in the manner of your choice, while you can choose from the following options:

Personal collection at our office 9.mája 55, 97401 Bánska Bystrica

Personal collection at Packeta’s delivery points;

Delivery via the transport companies DPD, GLS

The goods can only be delivered within the Slovak Republic and the EU.

We are obliged to deliver the goods to you without delay, but no later than within 45 days from the date of conclusion of the Contract. During the performance of the Agreement, such facts may occur that will affect the delivery date of the Goods ordered by you. We will inform you immediately by e-mail about the change in the delivery date and the new expected delivery date of the ordered Goods, while your right to withdraw from the Contract is not affected by this. Part of Our notification about the new date of delivery of the Goods is also Our request addressed to you to express whether you insist on the delivery of the Goods ordered by you at the new date. In the case of personal collection at the establishment, we will always inform you about the possibility of picking up the Goods via e-mail.

When taking over the Goods from the carrier, it is your duty to check the integrity of the packaging of the Goods and, in the event of any damage, to notify the carrier and Us immediately of this fact. In the event that the package is damaged, which indicates unauthorized handling and entry into the shipment, it is not your obligation to take the Goods from the carrier.

You are obliged to take over the goods at the agreed place and time. If you do not take delivery of the goods according to the previous sentence, we will notify you by e-mail where you can take over the goods, including the deadline for taking them over, or we will re-deliver the goods to you based on your written request sent no later than 14 days from when you were supposed to take over the goods, whereby you undertake to pay us all costs associated with re-delivery of the Goods. In the event that you violate your obligation to take over the Goods, with the exception of cases under Art. 6.4 of these Terms and Conditions, it does not result in a breach of Our obligation to deliver the Goods to You. At the same time, the fact that you do not accept the Goods is not a withdrawal from the Contract between Us and You. If you do not take over the Goods even within the additional period, We have the right to withdraw from the Contract due to your material breach of the Contract. If we decide to enforce the right in question, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Agreement does not affect the right to compensation for the incurred damage in the amount of the actual costs of attempting to deliver the Goods, or any other claim to compensation for damage, if it arises.

If, for reasons arising from your side, the Goods are delivered repeatedly or in a different way than was agreed in the Contract, it is your obligation to compensate Us for the costs associated with this repeated delivery. We will send you the payment details for the payment of these costs to your e-mail address specified in the Agreement and they are due within 14 days from the delivery of the e-mail.

The risk of damage to the Goods passes to you the moment you take them over. In the event that you do not accept the Goods, with the exception of cases according to Art. 6.4 of these Terms and Conditions, the risk of accidental destruction and accidental deterioration of the Goods passes to you at the moment when you had the opportunity to take them over, but for reasons on your part you did not take them over. The passing of the risk of accidental destruction and accidental deterioration of the Goods means that from this moment you bear all the consequences associated with the loss, destruction, damage or any deterioration of the Goods.

RIGHTS FROM LIABILITY FOR DEFECTS

Preliminary provision on liability for defects

We undertake to deliver the Goods to you in the required quality, quantity and without defects.

We are responsible for defects that the Product has upon receipt. We are not responsible for used Goods for defects caused by their use or wear. Please note that the warranty expires if the composite hockey stick was used on concrete or asphalt. It also expires if the hockey stick was broken in an impact with another object, e.g. Breakage due to contact with another player, skate blade, goal and boards.

The blade is exposed to any type of open flame or heat source that changes the curvature of the blade.

The blade is damaged by a rasp, file or sandpaper.

The general warranty period is 30 days. The warranty period starts from the moment you take over the Goods.

If the Goods are replaced, the warranty period will begin again after you receive the new Goods.

Your rights from liability for defects in the Goods, for which the warranty period applies, will expire if you do not exercise them within the warranty period. However, you must exercise your rights from liability for defects in Goods that deteriorate quickly no later than the day after the purchase, otherwise your rights will expire.

We guarantee that during the transition of the danger of accidental destruction and accidental deterioration of the Goods according to Art. 6.7 The condition is that the Goods are free of defects, in particular that:

has the properties that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected due to the nature of the Goods;

it is suitable for the purposes that we have indicated or for the purposes that are usual for Goods of this type;

corresponds to the quality or design of the agreed sample, if the quality or design was determined according to the sample;

it is in the corresponding quantity and weight;

meets the requirements imposed on him by special legal regulations;

it is not encumbered by the rights of third parties.

Conditions for exercising the right from liability for defects (complaints)

If the Goods are delivered to you in broken or damaged packaging or the shipment is obviously too light, we ask that you do not accept such Goods from the transport company and that you notify us of this fact immediately by e-mail to [email protected] . In case of detection of obvious defects (e.g. mechanical damage), you are obliged to file a claim without undue delay in accordance with point 7.4.1. below. We will not take into account claims made later due to obvious defects in the Goods, including defects consisting in the incompleteness of the Goods.

You are obliged to exercise the right from liability for other defects (hidden defects) in accordance with point 7.4.1. below without undue delay after you have discovered the defect in the Goods, but at the latest before the expiry of the warranty period.

The warranty applies only to manufacturing defects of the Product and defects caused by mechanical damage. You cannot apply the right of liability for defects in particular to defects caused by wear and tear, mechanical damage, use of the Goods in inappropriate conditions, etc.

You are not entitled to claim liability for a defect if you knew about the defect before taking over the Goods, or we alerted you to it or you were given an appropriate discount from the Price of the Product for that reason.

Exercising the right from liability for damage (complaints)

In the event that the Product has a defect, i.e. especially if one of the conditions according to Art. 7.2, you can notify Us of such a defect and exercise your rights from liability for defects (that is, complain about the Goods) by sending an e-mail or a letter to Our addresses listed in Our identification data, or in person at Our establishment. For a complaint, you can also use the sample form provided by us, which forms attachment no. 1 Conditions.

In your notification, by which you apply for a claim, please provide primarily a description of the defect in the Goods and your identification data, including the e-mail address to which you are interested in receiving an explanation of how to handle the claim, and also indicate which of the claims from liability for defects, specified in point 7.5 .4. until 7.5.8., you apply.

When making a claim, please also present us with a proof of purchase of the Goods (invoice) in order to prove your purchase from Us, otherwise we are not obliged to accept your claim.

We consider the day of initiation of the complaint procedure to be the day of delivery of the defective Goods together with the relevant documents (according to point 7.4.3). In the event that your submission, with which you are making a claim, is incomplete (especially illegible, unclear, incomprehensible, does not contain the required documents, etc.), we will ask you to complete the submitted claim in writing, especially by e-mail. In this case, the complaint procedure begins on the day of delivery of your supplemented submission.

If you do not complete the complaint in accordance with point 7.4.4. of this article without undue delay, at the latest within 10 days from the date of delivery of Our invitation according to point 7.4.4. of this article, we will consider your submission unfounded.

Complaint processing 

Based on your decision, which of the rights according to § 622 and § 623 of Act No. 40/1964 Coll. You apply the Civil Code as amended (hereinafter referred to as the “Civil Code”) (specified in points 7.5.4 to 7.5.8), we will determine the method of processing the claim immediately, in complex cases no later than 3 working days from the date of application of your claim. In justified cases, especially if a complex technical evaluation of the condition of the Goods is required, no later than 30 days from the date of application of your claim.

After determining the method of handling the complaint, we will handle the complaint immediately, in justified cases we can also handle the complaint later; however, processing of the claim may not take longer than 60 days from the date of application of the claim. After the expiry of the deadline for handling the complaint, you have the right to withdraw from the Contract or you have the right to exchange the Goods for new goods, if possible.

We are obliged to issue you a written document about the handling of the claim, no later than 60 days from the date of application of the claim, and we will inform you about its handling via e-mail. In the event that the claim is accepted, we will send you the repaired Product or exchange the Product for a new product or refund the paid Product Price, unless we agree otherwise.

If it is a defect that we can remove, you have the right to have the defect removed free of charge, in a timely manner and properly. We will remove the defect in the Goods without undue delay.

Instead of removing the defect, you can request the replacement of the Product, or if the defect concerns only a part of the Product, the replacement of this part, in cases where this does not incur disproportionate costs for Us in relation to the Price of the Product or the severity of the defect.

Instead of removing the defect in the Product, we can always replace the defective Product with a perfect one, if this does not cause serious difficulties for you.

If it is a defect in the Goods that cannot be removed and which prevents you from being able to properly use the Goods as a defect-free good, you have the right to exchange the Goods or you have the right to withdraw from the Contract. You have the same rights if the defects are removable, but you cannot properly use the Product due to the reappearance of the defect after repair or due to a larger number of defects.

If there are other non-removable defects, you have the right to a reasonable discount from the Product Price.

We will deal with the complaint by handing over the repaired Product, exchanging the Product, returning the Product Price, paying an appropriate discount from the Product Price, a written request to take over performance (the Product) or a justified rejection of the claim.

The exercise of rights from liability for defects and claims for goods is governed by § 619 et seq. of the Civil Code, Act No. 250/2007 Coll. on consumer protection and amending Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended (hereinafter referred to as the “Consumer Protection Act”), and Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller’s premises and on the amendment of certain laws as amended (hereinafter referred to as the “Consumer Protection in Distance Selling Act”).

WITHDRAWAL FROM CONTRACT

Withdrawal from the Agreement, i.e. the termination of the contractual relationship between Us and You from its beginning, may occur for the reasons and methods specified in this article, or in other provisions of the Terms and Conditions, in which the possibility of withdrawal is explicitly stated.

If you are a consumer, i.e. a person buying Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods, in accordance with the provisions of § 7 of the Act on Consumer Protection in Distance Selling. In the event that we have concluded a Contract, the subject of which is several types of Goods or the delivery of several parts of the Goods, this period begins to run only on the day of delivery of the last part of the Goods, and in the event that we have concluded a Contract on the basis of which we will deliver the Goods to you regularly and repeatedly, begins on the day of delivery of the first delivery. You can withdraw from the Agreement in any demonstrable way (in particular by sending an e-mail or a letter to Our addresses listed in Our identification data).

but within 5 working days from the day when you were obliged to take over the Goods.

SUBMISSION OF INITIATIVES AND COMPLAINTS

As a consumer, you are entitled to submit suggestions and complaints in writing by email to: [email protected]

We will inform you about the assessment of the initiative or complaint by e-mail sent to your e-mail.

The supervisory authority is the Slovak Trade Inspection (SOI) , the SOI Inspectorate for the Bánskobystricky Region.

If you are not satisfied with the handling of your complaint or complaint, you can submit a request for an inspection electronically via the platform available on the website https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte – podnet.soi .

ALTERNATIVE CONSUMER DISPUTE RESOLUTION

You have the right to contact Us with a request for rectification by email sent to : [email protected] if you are not satisfied with the way in which we have handled your complaint or if you believe that we have violated your rights. If we respond negatively to your request or do not respond to it within 30 days of sending it, you have the right to submit a proposal to initiate alternative dispute resolution with the alternative dispute resolution entity (hereinafter referred to as the “Subject”) pursuant to Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments and Supplements to Certain Acts, as amended (hereinafter referred to as the “Alternative Dispute Resolution Act”).

The subjects are authorities and authorized legal entities according to § 3 of the Act on Alternative Dispute Resolution, and their list is published on the website of the Ministry of Economy of the Slovak Republic. https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1 .