SOME INFORMATION FOR YOU
ModelsNavigator.com is operated by Moitin s.r.o., Miletičova 5B, 821 08 Bratislava, ID No.: 47349069, VAT No.: SK2023823131 (hereinafter referred to as "Moitin s.r.o." or "Seller").
Commercial Register of the Municipal Court Bratislava III, Section Sro, Insert No.123623/B
ModelsNavigator.com operates on the territory of the European Union Our services are not intended for persons under the age of 16.
INTRODUCTORY PROVISIONS
These terms and conditions of Moitin s.r.o. regulate in accordance with the provisions of § 52 to § 54, § 588 et seq. of Act No. 40/1964 Coll. of the Civil Code (hereinafter referred to as the "Civil Code"), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments to Certain Acts, and Act No. 250/2007 Coll. on Consumer Protection, as amended, the mutual rights and obligations of the contracting parties arising in connection with a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person - the consumer (hereinafter also referred to as the "Buyer") through the Seller's online shop.
The rights and obligations of the contracting parties in the event that the Buyer is a legal entity or a natural person - entrepreneur shall be governed by the provisions of these Terms and Conditions, unless these Terms and Conditions provide otherwise (in the section "Special provisions for entrepreneurs").
Provisions differing from the terms and conditions may be agreed in the sales contract. Any different arrangements in the sales contract shall take precedence over the provisions of the terms and conditions.
The provisions of these terms and conditions are an integral part of the purchase contract.
The Seller may amend or supplement the terms and conditions. This provision shall be without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
(NON-)REGISTRATION
You do not have to be a registered user to shop with us. If you do not wish to be, please skip this entire passage and go to the paragraph below.
Registrants get certain benefits, but no one is forcing you!
By registering you get:
- order tracking
- pre-populated order data
When registering, ordering goods and paying for them, you will be asked to provide your personal details. They will be stored in a secure database and will only be used for the purposes of our doing business with you. Under no circumstances will this information be provided to third parties or otherwise commercially exploited!
When registering on the website and when ordering goods, you are obliged to provide correct and truthful information. You are obliged to update the information provided in your user account whenever you make any changes. The Seller is not liable for any breach of the obligation to provide correct and truthful information by the Buyer. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller. The Buyer is obliged to pay the Seller all costs incurred in connection with the breach of the above obligation.
Access to the user account is secured by a username (e-mail) and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account. The Buyer is not entitled to allow third parties to use the user account.
The Seller has the right to cancel the user account, in particular if
a. the Buyer has not used the User Account for more than twelve (12) months; or
b. the Buyer breaches its obligations under the Purchase Agreement (including the Terms and Conditions); or
c. the Buyer allows third parties to use the User Account.
By agreeing to these Terms and Conditions, you acknowledge that the User Account may not be available continuously, in particular with respect to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment
By confirming your interest in receiving the newsletter, information about news on our website, you agree, in accordance with Act No. 452/2021 Coll. (on electronic communications, as amended) and Act No. 147/2001 Coll. (on advertising and on amending and supplementing certain acts, as amended), to the use of the contact details provided by you for the purpose of sending commercial offers and advertising materials relating to our products and services, by all means of electronic communication.
You may withdraw your consent to the sending of commercial offers and electronic mail for direct marketing purposes at any time by written notice sent to our address (electronic form is also sufficient).
ORDER
For each item, the relevant price including VAT 20% is indicated /in the case of VAT payers, the possibility of deduction/, a brief description of the item, its dimensions and a picture. The time required to process an order placed through the shop is a maximum of two working days; this is the time required to process the order and we endeavour to comply with it. If you are paying by bank transfer, this time limit starts only after the amount has been credited to our account.
The time required for the goods to be delivered by courier to the specified address or to the selected dispensing point is usually up to 48 hours and is added to the order processing time. In the event of unexpected situations or an increased number of shipments with carriers, this time is extended, which is not affected by our company.
If the customer selects an item that has the "on order" flag and at the same time selects payment by bank transfer or credit card online, it is necessary to wait for confirmation of the availability of the model, since we have to check the stated availability with the manufacturer. We recommend that payment is only transferred after we have received email confirmation that the model you have ordered is available.
CONCLUSION OF THE PURCHASE CONTRACT
To successfully order the goods, please fill in the order form in the web interface of the shop.
Before sending the order to the Seller, you have the opportunity to check and change the data you have entered in the order, including with regard to the possibility of detecting and correcting errors made when entering data in the order. You can send your order to us by clicking on the "Order with payment due" button. We consider the data provided in the order to be correct. Immediately upon receipt of your order, we will confirm its delivery to you by e-mail to the e-mail address provided in your user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
The contractual relationship between us as the Seller and you as the Buyer shall be established upon receipt of the order (acceptance), which we will send to you by e-mail to the Buyer's e-mail address.
You acknowledge that the Seller is not obliged to enter into a contract, in particular with persons who have substantially breached their obligations to the Seller or have ordered goods in excess of the usual quantities.
In the event that you do not receive a confirmation of receipt of the order, the electronic order shall be deemed to have been incorrectly completed and the Seller shall not accept it and shall not be bound by it.
A valid and effective contract (including the agreed price) may only be varied or cancelled by agreement of the parties or for lawful reasons.
As a buyer, you agree to the use of remote means of communication in the conclusion of the contract of sale. You are responsible for the costs incurred by you when using distance communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs), which do not differ from the basic rate.
As the buyer, you only acquire ownership of the goods by paying the full purchase price of the goods.
SUPPLY DATA
If you are a registered user, the details will already have been filled in. However, the billing address and delivery address may sometimes differ. If you wish to send a parcel to, for example, your place of work, or anywhere else other than your pre-configured details, please change the delivery address and we will send the parcel there.
We can deliver the products you have ordered:
to your delivery address via UPS - Slovak parcel service or via Packeta - Parcel service.
DELIVERY TIME
We usually dispatch shipments within 24 working hours after order confirmation (see also below in the paragraph What happens to your order with us). However, occasionally it happens that the courier company sleeps somewhere and so we prefer to quote 2 days.
Most of our products are available in quantities of at least 1 piece. If you order more pieces during the day, it may happen that the product you ordered is out of stock and we will have to reorder it. In this case, we will inform you of availability immediately.
We will inform you about the availability of the individual products in our offer for each item.
If an item in our offer does not have a Delivery Time or Availability status, the following applies:
In stock - we dispatch the goods within two working days (not valid if we are at an exhibition or on holiday)
On order - We will confirm Availability - delivery within 7-14 days - the goods are on their way or we have the goods in an external warehouse (model manufacturer), usually it does not take more than 14 working days (exception are holidays or unexpected events - model out of stock).
If the customer chooses an item that has the "Availability to be confirmed" flag and also chooses to pay by bank transfer or credit card online, it is necessary to wait for confirmation of the availability of the model, as we have to check the stated availability with the manufacturer. We recommend that you make payment only after we have received an email confirmation that the model you have ordered is available.
Pre-order - the goods are not yet manufactured and are in the process of production, but can be pre-ordered at a discounted price - we will notify you of the delivery date by email or phone.
If the customer chooses goods that have the "pre-order" flag, it is only necessary to pay for the order in advance within 30 days of ordering. Otherwise, we cannot guarantee that you will miss the model you ordered.
Out of stock - no longer in stock - goods are no longer being produced, if you wish we will check their availability and if the model is still planned to be produced. Please note that this flag is also information that the product is in the archive for viewing pictures, videos and interesting information.
PRE-ORDER
A special service in which you can pre-order a product, often at a discounted price or with some kind of bonus designed exclusively for pre-orderers.
Often release dates are set for more than a month and therefore it is not possible to create an order together with a product that is normally available. This way you could be waiting unnecessarily for several months for a regular product, depending on which product you have selected in your pre-orders. We believe this will also give you a better overview of your orders.
Pre-orders can only be placed on the basis of payment in advance by bank transfer or credit card within 30 days of ordering. If payment is not received within 30 days, we do not guarantee delivery of the model.
Why use pre-orders?
- usually a discounted price
- almost always an extra bonus
- guarantee of priority processing of your order as soon as the goods are in stock
- you can arrange your private budget in time and save up for the product by the time it is released
- you increase your chances of missing the product! Especially with imitation editions that catch on among collectors long before the release date. By that time, you may not miss it! By creating a pre-order you will improve your chances significantly!
ORDER SUMMARY
In this final listing you can check what you ordered, where you ordered it, for how much, and you still have a chance to complete your order, or on the other hand, throw an item away, etc.
And there's the finale! Check the "I agree to the terms and conditions" box, then press "Order with payment required" then a final thank you message will appear and a notification email will arrive within seconds.
Please note that the notification email is not a confirmation of your order, it only informs you that your order has been registered in the database. For more information on order confirmation, please see the section "Concluding a Purchase Agreement" above.
PAYMENT
Depending on which delivery option you have chosen, you have the option to pay for the products you have ordered in the following ways:
Payment at the store - applies only to personal collection at the warehouse on Hálova 16 in Bratislava, payment is possible in cash or by credit card.
Payment by card online (GPWebPay) - the solution is based on the ČSOB 3-D Secure technology solution, which supports cardholder authentication during the transaction. This technology is supported by Visa and MasterCard.
Bank transfer - for those who want to pay cashless but do not have a payment card or do not have an account with CSOB Bank. When paying by bank transfer, you should take into account that the processing of your order will take place after the payment is received, which may slow down the delivery time.
Cash on delivery - payment to the courier when collecting the package (payment on delivery is possible only in the territory of the Slovak Republic and the Czech Republic).
EXPLANATIONS (Additional information):
When you select the delivery method option and enter the payment via GPWebPay, you will be redirected to the bank's website (secure connection) after completing the order - i.e. by clicking on "Order with payment required", where you will transfer the payment according to the bank's instructions.
You have 3 days to pay the order. If these 3 days expire and the payment does not appear in our account, we will consider such order cancelled on your part.
If you do not receive an email confirmation of your order, you should contact us.
If this is customary in the course of business or if it is provided for by generally binding legislation, we will issue you with a tax document - an invoice - in respect of payments made on the basis of the purchase contract. The seller is subject to value added tax. We will issue the tax invoice after payment of the price of the goods and send it electronically to the buyer's e-mail address or attach it in printed form to the goods.
ORDER CANCELLATION / WITHDRAWAL FROM THE CONTRACT
You can cancel your order at any time until physical delivery by emailing info(at)modelsnavigator.com.
We reserve the right to withdraw from the contract as a seller and cancel the order if the goods cannot be delivered for various reasons (e.g. manufacturer's out of stock, etc.).
In the event of non-delivery or cancellation of the order, we will always refund the amount paid to your account within 7 days.
WHAT HAPPENS TO MY ORDER WITH US?
Order or pre-order confirmation
If we have the ordered product in stock, we usually dispatch the shipment as soon as we receive the order or the next working day at the latest.
We will notify you that your order has been processed by a confirmation email and, once the parcel with the ordered goods has been dispatched, we will also email you to confirm receipt of the parcel for shipment by courier service. You do not need to reply to these emails from us, they are only to keep you informed of the progress of your order.
For more complex orders or orders of a larger than usual size, we will contact you by email or telephone to verify the seriousness of the order and to agree payment and delivery terms.
We would therefore ask that you provide us with as accurate contact details as possible, respond to our emails or take telephone calls from us. This will greatly facilitate and speed up the whole process of order verification and confirmation.
If you do not respond to our verification email or we are unable to reach you by phone, or if you do not provide a valid phone number or email address in your order, we will have to consider the order a joke and cancel it.
On the seller's (that's us) side, there may also be a situation where we may need to change your order or pre-order in agreement with you, or even unilaterally cancel it completely, mainly for the following reasons:
1. we end up not having the pre-ordered product in stock, or the conditions of its sale have changed so much that we are unable to deliver the product under the conditions under which the pre-order was placed;
2. the product ordered has sold out since the time the order was placed and can no longer be delivered under the terms and conditions under which the order was placed;
3. there has been an unintentional error on the part of the Seller in ordering the product which has resulted in a significant misrepresentation of the information about the product ordered such that the complete processing of the order (delivery of the product) on the basis of this information will result in a manifestly disproportionate benefit to the Customer.
Only after e-mail or telephone confirmation of the order and after mutual agreement of any changes according to the rules described above will the purchase contract be concluded.
From that moment on, the order is binding for both parties.
Packaging
We do our best to pack the goods as well as possible so that they arrive to you in good order. We personally inspect the products before shipment, this way we try to eliminate situations when a given model is exceptionally missing some detail. Please note that these are fragile models and therefore it is very important to inspect the model immediately after delivery and before the courier leaves. You have the right to open the package and check the contents and the integrity of the delivery. In the event of any defects being found, you must notify the courier immediately. In the event of any damage to the packaging indicating tampering, you do not have to accept the parcel from the courier.
Dispatch of the consignment
If you choose delivery by courier:
Parcels are sent via UPS - Slovak parcel service or Packeta - Parcel service. You should receive your parcel within 24 hours of placing it - attention - not from the time of ordering! If the parcel with your goods is already on its way from us to you, all responsibility and care is assumed by the said company. ModelsNavigator.com cannot be held responsible for third party errors.
The courier will contact you at the phone number you provided when ordering. If he is unable to reach you to arrange a pick up time, he will return the shipment to us. We will of course also charge us for the postage from you to us. Re-shipping will incur a re-postage charge.
We therefore ask that you quote a telephone number where you can actually be reached. You will save yourself and us unnecessary complications and shipping costs. Thank you very much in advance.
As the buyer, you are obliged to take delivery of the goods upon delivery (an exception is the situation mentioned above under "Packaging" when the packaging of the parcel is found to be damaged; please refer to the section "Complaints Procedure" for further information on how to proceed).
If you are a registered user, you can track the status of your order in your Profile under the My Orders tab.
Shipping and packing
Shipping charges are automatically added to the purchase price depending on the delivery method, payment, number and weight of the package:
- UPS - Slovak parcel service or Packeta - Parcel service
- when paying cashless (GPWebPay, bank transfer, cash on delivery, PayPal)
PRICES AND WARRANTIES
All prices listed on our website are inclusive of the current VAT rate applicable in the Slovak Republic, which currently means a VAT credit of 20% (in the case of VAT payers, the possibility of deduction).
For items marked as PRE-ORDER, we endeavour to provide you with the most accurate and up-to-date information possible. However, it may happen that changes in the product specification, price changes or a postponement of the sales start date may occur before the sales start date. As we cannot completely control these factors, we reserve the right in advance to make changes to the product features stated in the PRE-ORDER without assuming any liabilities that may result from such changes. By submitting a pre-order, you agree to this practice.
Pre-order prices are indicative and often drop as the release date approaches. In such a case, we will of course process your order at the current price you will see on the release (market arrival) date.
Discounts - products with a reduced price are marked with an "Action" label and a percentage of the price reduction. The price listed for these products is after the discount, the standard price is crossed out. The value of the purchase is calculated in the shopping cart based on the discounted prices of the products. Discounts on individual products are given to any customer regardless of the value of the purchase. Coupons cannot be applied to discounted (Promotion) products!
A discount on the shipping price is provided to each customer upon receipt of a "Free Shipping" coupon (more information on shipping prices), which does not include the fee charged for COD.
Discount Coupons - during the validity period of the discount coupon, the customer can redeem the discount by using a discount coupon. The discount coupon must be inserted into the form field in the shopping cart and press the "INSERT" button. Discount coupons cannot be combined or used on already discounted goods. Insert only existing discount coupons that are valid at the time and that you have obtained from the eshop!
We guarantee that we will not change the price advertised for the current product upwards at the time you place your order. Unfortunately, usually not even downwards. We simply stand by the current price and if something has gone up in price and we forgot to change it in the offer, that's our bad luck. If you find an item with a zero price, this is a system error and we would be happy for you to report such an error to us. However, please do not expect an order to be processed with a zero price.
COMPLAINTS POLICY
You should receive the goods as you ordered them. But it doesn't hurt to read the other points so you know what to do if this is not the case.
If, when you collect the goods from the carrier, you have already found that the goods have been delivered to you obviously damaged or incomplete, make a note of this with the carrier. The carrier is responsible for this matter and not us. Please do not accept the shipment!
By doing this, you will ensure that the person who caused the damage, i.e. the carrier, will pay for it. Claims of this kind which you notify later (to the carrier or to us) cannot be taken into account.
The customer is obliged to immediately check the contents of the package, its intactness and also to report any damage immediately to the courier! Otherwise, we will not accept claims for faultlessness of the goods.
When using the item, you are obliged to observe, in addition to the generally known rules, the conditions laid down for the use of the item in the warranty card or the instructions for use, and also to use and care for the item in accordance with its natural lifetime.
The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular, the provisions of Sections 619 to 627 of the Civil Code and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts).
As the seller, we are responsible for defects that the goods have upon receipt by the buyer. However, we are not liable for defects in goods that have been sold at a lower price for which a lower price was agreed.
In particular, we are liable to you as the seller if, at the time you took delivery of the goods:
a. the goods have the characteristics agreed between the parties and, in the absence of a specific agreement between the parties, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by the seller or the manufacturer,
b. the goods are intended for the purpose for which the seller states they are intended or for which goods of the same kind are commonly used,
c. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
d. the goods are in the appropriate quantity, measure or weight; and
e. the goods comply with the requirements of the legislation.
Likewise, we shall be liable for defects that occur after receipt of the goods within the warranty period. The warranty period is 24 months, unless otherwise stated in writing, and commences on receipt of the goods by the purchaser.
Liability rights for defects in the goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.
How to make a claim
Claim procedure: Claims for mechanical damage to the goods that was not apparent upon receipt of the shipment must be made immediately upon receipt of the shipment, but at the latest within 24 hours of delivery of the goods. It is the buyer's responsibility to prove that the mechanical damage could not have been discovered even after a thorough inspection of the goods and their packaging. Later claims for mechanical damage to the goods can no longer be accepted.
In the event that the customer finds a hidden defect or a defect that occurred within the warranty period, the customer must fill in the complaint report, available for download HERE. We will then order transport (valid for the Czech Republic and Slovakia) and the claimed product will be transported by courier at our expense for claim. It is important that the customer takes photos of the claimed product and sends the photos together with the completed claim protocol to the email info (at) modelsnavigator.com. Then the date and time will be confirmed to book the transport for the claim.
Based on the buyer's decision, which of the rights in connection with the defect of the goods he claims, we will determine the method of handling the claim immediately, in complex cases within 3 working days and in justified cases, especially if a complex technical evaluation of the condition of the item is required, within 30 days from the date of the claim.
Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may also be handled later; however, the handling of the complaint shall not take longer than 30 days from the date on which the complaint was lodged. If the acceptance of the subject of the complaint by the Seller occurs on a day later than the day on which the complaint is made, the time limits for the settlement of the complaint shall begin to run from the date of acceptance of the subject of the complaint by the Seller; however, at the latest from the moment when the Seller makes it impossible or prevents the acceptance of the subject of the complaint. After the expiry of the time limit for processing the complaint, you have the right to withdraw from the contract or to have the product replaced with a new product
The rights of liability for defects belong to the buyer depending on whether the defect is remediable or irremediable.
In the case of remediable defects in the goods, the buyer has the right to have the defect remedied free of charge, properly and in a timely manner. The Seller is obliged to remove the defect without undue delay. Instead of removing the defect, the buyer may demand the replacement of the item (or, if the defect concerns only a part of the item, the replacement of that part), only if this does not incur disproportionate costs for the seller in relation to the price of the item or the severity of the defect. The seller may always replace the defective item with a non-defective item instead of removing the defect if this does not cause serious inconvenience to the buyer.
In the case of defects which cannot be remedied and which prevent the thing from being properly used as a thing without defects, the buyer has the right to have the thing replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defect is repairable, but due to the recurrence of the defect after the repair (at least two previous repairs of the same defect) or due to a greater number of defects (at the time of the claim, the goods have at least three different repairable defects at the same time), the buyer cannot use the goods properly. If there are irremediable defects that do not prevent the proper use of the item, the buyer is entitled to a reasonable discount on the price of the item.
As the buyer, you are entitled to decide which of the rights in question you are exercising and you are obliged to notify us which right you have chosen within the complaint protocol so that we can determine how the complaint will be handled.
We will issue you with a confirmation of the claim. If you have made a claim by means of remote communication (i.e. not in person), we will deliver the confirmation of the claim to you immediately; if the confirmation of the claim cannot be delivered immediately, it will be delivered without undue delay, but at the latest together with the proof of settlement of the claim.
Do not forget to enclose a precise description of the defect.
The complaint procedure is standard - according to the Civil Code and the Consumer Protection Act. In short, this is what happens with us:
We check the legitimacy of the complaint.
A product is defective if it does not meet the characteristics expressly mentioned or customary, or if it cannot be used for the purposes for which the product is intended through no fault of the buyer.
To make a claim, you need:
- the product claimed together with all the accessories that were in the package
- the invoice and the warranty card (only if you have been issued with one).
A product is not considered defective if:
- the product is obviously mechanically damaged or just worn out by normal use (note that metal models are not toys. They are purely collectible models that do not belong in the hands of children, any mechanical damage is out of place),
- the defect has been caused by improper use, storage, care, maintenance or intervention by the buyer,
- the defect was known to the buyer upon receipt of the item or was expressly brought to his attention,
- it is a defect for which a discount has been granted,
- the defect is due to force majeure (natural phenomena, floods, hail, etc.),
- the product is out of warranty - the time that has elapsed since the buyer took delivery of the product has exceeded the warranty period at the time of the claim.
- We also do not consider it as a reason to claim the product if you do not like the model, or the model did not meet your expectations, etc.
In these cases, we will accept the product for claim, but such a claim is likely to be rejected immediately. Before you decide to go through the claims process, please make sure that none of the above points apply to you.
Where, on examination, a claim is found to be unjustified, we will reject the claim and the claimant will be notified in writing of the rejection and the reasons for the rejection.
Once the necessary items have been submitted and the necessary conditions have been met, we will accept the claimed product for the claim procedure and issue you with a receipt.
As a buyer, you acknowledge that you are obliged to provide the seller or the person designated for the repair with the necessary cooperation necessary for the processing of the claim and that you must accept the handover or access to the claimed item, properly cleaned and with all parts, otherwise it is not possible to proceed to the processing of the claim.
What happens if the complaint is justified
If the complaint is justified, we will ensure that the defect is rectified by repairing it or replacing it with a faultless product.
If we cannot arrange for the defect to be rectified, we will refund your money or, with your agreement, offer you the product at an equivalent price for replacement.
If you choose to receive a refund, we will send it to you by the same route it came to us, at our expense.
You are wasting your time by trying to claim the product without proof of purchase. In this case, there is nothing we can do for you but reject the claim!
The settlement of a complaint is understood as the completion of the complaint procedure by handing over the repaired product, replacement of the product, refund of the purchase price of the product, payment of a reasonable discount on the price of the product, a written invitation to accept the performance or a reasoned rejection of the complaint.
The Seller fulfils its obligation to properly inform consumers pursuant to Section 18(1) of the Consumer Protection Act by placing this Complaints Procedure on the premises of Moitin, s.r.o. at Hálova 16, Bratislava and on its website at www.modelsnavigator.com.
WITHDRAWAL FROM THE PURCHASE CONTRACT
The buyer is entitled to withdraw from the contract without giving any reason in accordance with § 7 of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a contract concluded at a distance or a contract concluded outside the seller's premises within 14 days of receipt of the goods or from the date of conclusion of the contract for the provision of electronic content not delivered on a tangible medium (e.g. e-books, software, etc.). If the goods have been delivered separately within the same order, the withdrawal period shall run from the moment of receipt of the goods that were delivered last.
In accordance with Section 7(6) of Act No. 102/2014 Coll., the buyer may not withdraw from a contract, the subject of which is:
- delivery of goods (product) which have been manufactured on the basis of special requirements of the consumer, custom-made goods or goods intended specifically for a single consumer,
- the provision of a service, if the provision of the service has begun with the express consent of the consumer and the consumer has declared that he has been duly informed that by expressing such consent he loses the right to withdraw from the contract once the service has been fully provided, and if the service has been fully provided,
- the sale of goods which are subject to rapid deterioration or perishability,
- the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery,
- the performance of urgent repairs or maintenance expressly requested by the consumer from the seller; this shall not apply to service contracts and contracts for the sale of goods other than spare parts necessary for the performance of repairs or maintenance, if they are concluded during a visit by the seller to the consumer and the consumer has not ordered those services or goods in advance,
- the sale of books not supplied in protective packaging and the sale of periodicals,
- the sale of sound recordings, visual recordings, audio-visual recordings, books or computer software sold in protective packaging if the customer has unwrapped the packaging,
- the provision of electronic content other than on a tangible medium, where the provision of such content has been initiated with the express consent of the customer and the customer has declared that he has been duly informed that he loses the right to withdraw from the contract by expressing that consent,
- the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery, e.g. goods of a textile nature.
You are obliged to exercise your right of withdrawal in writing in paper form or in the form of a record on another durable medium (e-mail). The withdrawal period shall be deemed to have been observed if you have sent the notice of withdrawal no later than on the last day of the period. You can also use the sample form provided by the Seller, which is attached to the Terms and Conditions - LINK HERE, to withdraw from the Purchase Contract.
The customer is obliged to send the goods back to Moitin s.r.o., Hálova 16, 851 01 Bratislava, no later than 14 days from the date of withdrawal from the contract, we recommend sending the goods as a parcel by registered mail, please do not send the goods to us by cash on delivery. Please enclose a copy of the tax document (invoice) that we sent you with the goods and a copy of the delivery receipt issued by the courier. You can also return the goods in person in Bratislava. The time limit for returning the goods is deemed to have been observed if the goods have been handed over for shipment on the last day of the time limit at the latest. The costs associated with returning the goods to our premises shall be borne by the customer, even if the goods cannot be returned by post due to their nature.
Please deliver the goods to us complete, undamaged, preferably in their original packaging and unused, otherwise the buyer is liable for any reduction in the value of the goods resulting from handling that goes beyond that necessary to ascertain the characteristics and functionality of the goods. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
We will refund the purchase price within 14 days at the latest to the account you have given us, unless we agree otherwise, in particular by providing you with a discount voucher which you can use on your next purchase with us. When withdrawing, please indicate which of the above-mentioned compensations you are interested in. However, we are not obliged to refund the purchase price until the goods have been delivered to us or until the customer has at least provided us with proof of return postage. In the event of an unjustified withdrawal from the contract, the goods will be returned to you at your expense.
Consumer Privacy Policy
In connection with the introduction of new legislation in the field of personal data protection - Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation) ("GDPR") and the implementation of measures to ensure compliance of Moitin s.r.o. with the GDPR, as well as with the related relevant legislation governing the protection of personal data (e.g. Act No. 18/2018 Coll. on the protection of personal data and on amendments and additions to certain laws, decrees of the Office for the Protection of Personal Data of the Slovak Republic), the general information obligation regarding the protection of personal data customers can find when ordering in the shopping cart by clicking on the link "I agree to the terms and conditions of personal data processing"
Special provisions for entrepreneurs
The general provisions of these terms and conditions apply to legal relations established by a purchase contract between the seller Moitin s.r.o. and the buyer, who is a legal entity or a natural person - entrepreneur, or who is acting within the scope of his/her entrepreneurial or other business activity when ordering goods, unless otherwise stated in this section.
In the event of delay by the Buyer in payment of any payment or part thereof, the Seller shall be entitled to interest on late payment at the rate of 0.05% of the amount due for each day of delay. In the event of default by the Buyer in payment of the price of the Goods, advance payment of the price of the Goods or other payments under the Purchase Contract, the Seller shall be entitled to withdraw from the Purchase Contract and/or suspend performance of any of its obligations to the Buyer until all obligations have been paid by the Buyer.
If the funds provided by the Buyer are insufficient to pay all of the Seller's outstanding claims against the Buyer, the Buyer's payments shall be applied to pay the Seller's claims against the Buyer in the following order: interest on overdue amounts, other accessories to the Buyer's overdue claim, contractual penalties, principal of the debt with the oldest maturity.
If the seller is obliged under the contract of sale to deliver the goods to the place designated by the buyer, the buyer is obliged to take delivery of the goods on delivery. If the buyer does not take delivery of the goods on delivery, the seller is entitled to claim compensation for the costs incurred and is further entitled to withdraw from the contract of sale.
If the Buyer repeatedly (i.e. more than once) fails to take delivery of the goods sent by the Seller, the Seller shall have the right to withdraw from the concluded contract of sale and shall be entitled to a contractual penalty of 10% of the purchase price specified in the contract of sale. The right to compensation for damages is not affected by this provision.
If the goods are defective, the buyer's claims for liability for defects shall be satisfied in the following manner, in the following order:
a. by delivery of the defective goods,
b. by remedying any other defects in the goods,
c. delivery of replacement goods for the defective goods,
d. a reasonable discount on the purchase price.
By guaranteeing the quality of the goods, the seller undertakes in writing that the goods delivered will be fit for use for the agreed, otherwise customary purpose for a specified period of time or that they will retain the agreed, otherwise customary characteristics. The warranty period is 12 (twelve) months.
If the goods have been delivered in a different quantity, quality or design from that specified in the contract of sale, a claim must be lodged with the Seller immediately (within 24 hours at the latest) after receipt or collection of the goods. If the complaint is not made immediately in accordance with the preceding sentence, the goods shall be deemed to have been duly delivered.
In the event of a justified claim, the Seller shall replace or repair the defective goods. The choice between the Buyer's above claims is the Seller's.
In the event of damage to the Buyer in connection with the Seller's liability for defects in the goods, the Parties have agreed to limit the compensation for any such damage suffered by the Buyer, unless the damage is caused by the Seller's intent or gross negligence, so that the total compensation for any damage suffered by the Buyer on this account, including loss of profit, shall be limited to the amount actually paid by the Buyer under the Purchase Contract.
The rights and obligations of the contracting parties, not further regulated in these terms and conditions, are governed in particular by the provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, and other generally binding legal regulations.
Common and final provisions
The Slovak Trade Inspection Authority, with its registered office at P.O. BOX 29, Prievozská 32, 827 99 Bratislava, internet address: https://www.soi.sk/, is competent for the out-of-court settlement of consumer disputes arising out of a purchase contract.
The online dispute resolution platform is located at:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK, which can be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.
The European Consumer Centre in the Slovak Republic, located at Mlynské nivy 44/a, 827 15 Bratislava, Slovak Republic, internet address: http://esc-sr.sk/ is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
Alternative dispute resolution can 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 or her business, occupation or profession) who, on the date of conclusion of the contract or, in the case of a distance contract, on the date of dispatch of the order, was domiciled or habitually resident in the Slovak Republic (domestic dispute) or in another EU Member State (cross-border dispute). Alternative dispute resolution only applies to a dispute between a consumer and a seller arising out of or relating to a consumer contract. The ADR entity may reject the application if the quantifiable value of the dispute does not exceed €20.
If the relationship established by the sales contract contains an international (foreign) element, the parties agree that their relationship is governed by Slovak law and that the general courts of the Slovak Republic are competent to resolve disputes. This is without prejudice to the consumer's rights under generally binding legislation.
If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a new provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
The relevant provisions of the Civil Code and other generally binding legislation of the Slovak Republic shall apply to the relations not governed by these General Terms and Conditions. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 of this Convention.
A few words in conclusion, which are mainly about things that we do not explain elsewhere in this text and that decent people do not need to explain at all.
We regard your order as binding and treat it as such. We therefore expect that you also order goods of your own free will, in your own name, on your own account and with all seriousness.
Like most people in the world, we are fallible. We therefore reserve the right to correct or rectify obvious errors and mistakes in the goods and services offered on this website, so that there is no unreasonable profit or damage to either the seller or the buyer.
We will not blame you for any mistakes you make, on the contrary, we will try to correct them together.
Supervisory authority:
SOI Inspectorate for the Bratislava Region
Prievozská 32, P.O. Box 5,820 07 Bratislava 27
Department of Technical Product Inspection and Consumer Protection
Do not be ashamed to contact us whenever you have a question or a problem.
We are here for you !
Terms and conditions are valid from the date of publication: 01.04.2024
