TERMS AND CONDITIONS
Service Provider Data:
Company: PUFFSIDE s.r.o.
Company headquarters: Košice – mestská časť Staré Mesto, 040 01 Kuzmányho 1191/43.
Tax number: SK2121685159
Phone number: +44 7983 643485
E-mail address: email@example.com
Customer service contact details:
Opening hours of the Customer Service: Mon-Fri 9:00-17:00
Phone number: +44 7983 643485
Internet address: https://puffside.eu
The essential properties, characteristics and instructions for use of the goods to be sold can be obtained from the information page of the specific item, with the detailed actual properties of the goods being included in the instructions for use that will be enclosed with the product.
The contractual performance of the Service Provider shall be considered to have been fulfilled if the product has more favourable or preferable characteristics than the information provided on the website or in the instructions for use.
If you have any questions about the goods before purchase, our customer service is at your disposal. Where required by law, the instructions for use of the products we sell are included with the goods.
If, by chance, you do not receive the compulsory instructions with the goods, please contact our customer service immediately before using the goods and we will replace them.
If you require more information about the quality, essential characteristics, use or usability of any of the goods on the Website than is provided on the Website, please contact our customer service, whose details and contact details are set out in section 1.7.
The purchase price is always the amount indicated next to the selected product, which, unless otherwise indicated, already includes VAT.
The purchase price of the products does not include the cost of delivery, unless otherwise indicated on the final payment page.
The Service Provider reserves the right to change the prices of the products that can be ordered from the Website, with the modification taking effect at the same time as the order is placed on the Website.
The change will not adversely affect the purchase price of products already ordered. In the event of a price reduction between the date of sending the electronic payment notification and the date of receipt of the product, we are not able to refund any money when you make a payment by online credit card.
The security check of the online payment transaction takes a minimum of 24 hours, after which the product can only be accepted.
The product images published on the website are sometimes only illustrations and may differ from reality.
The order is not only accepted from the registered Customer via the Service Provider’s Website, however, all fields related to the Customer’s data must be filled in completely for the order. (If the Customer fills in any of the fields incorrectly or incompletely, he will receive an error message from the Service Provider.)
The Service Provider shall not be liable for any delivery delays or other problems or errors resulting from incorrect and/or inaccurate order details provided by the Customer.
The Customer can add the selected products to his basket by clicking on the “Add to basket” button on the page with the product details that appears after clicking on each product.
The contents of the basket can be viewed and modified by clicking on the basket icon on the right-hand side of the Website, where the desired quantity of each product can be specified and the contents of the basket can be deleted (“Remove”).
Once the Customer has finalised the contents of the Shopping Cart, he/she can then choose the delivery method and enter the billing and delivery details.
After entering all the necessary data and selecting the delivery method, the customer must select one of the payment methods, and after verifying the data, click on the “Payment” button to place the order.
ATTENTION: If your order is incorrect, contact customer service immediately.
CONFIRMATION OF BINDING OFFERS AND ORDERS
The receipt of an offer (order) sent by the Customer shall be confirmed by the Service Provider immediately, but no later than within 48 hours, by means of an automatic confirmation e-mail, which shall include a confirmation e-mail:
-The data provided by the Customer during the purchase or registration (e.g. billing and delivery information),
– the order ID,
– the date of the order,
– the list of products ordered, quantity, price,
– and the total amount payable.
This confirmation e-mail only informs the Buyer that his order has been received by the Supplier.
The Customer shall be exempted from the obligation to make an offer if he does not receive a separate acceptance e-mail from the Supplier without delay, i.e. within 48 hours of the order being sent.
If the Customer has already sent his order to the Supplier and notices an error in the data contained in the confirmation e-mail, he shall notify the Supplier within 1 day.
The order shall be deemed to be an electronic contract and shall be governed by Act V of 2013 on the Civil Code and Act CVIII of 2001 on certain aspects of electronic commerce services and information society services.
The contract is governed by the provisions of Government Decree No. 45/2014 (26.02.2014) on the detailed rules of contracts between consumers and businesses and takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council.
DELIVERY AND PAYMENT TERMS
The Service Provider delivers the ordered goods to the Customer’s home by using a forwarding company, according to the terms and conditions set out on the page Delivery and payment terms.
The Service Provider reserves the right to change the delivery price, the change will come into effect on the date of publication on the Website. The change will not affect the purchase price of the products already ordered.
Services ordered on the Website will be delivered by the Service Provider to the place indicated in the order confirmation sent to the Customer by e-mail.
RIGHT OF WITHDRAWAL
The provisions of this clause apply only to natural persons acting outside the scope of their profession, occupation or business activity who buy, order, receive, use or make use of goods and who are the addressee of commercial communications or offers relating to goods (hereinafter referred to as “Consumer”).
The consumer is entitled, in the case of a contract for the sale of goods, to
a) the product,
b) in case of supply of several products, the last product supplied,
c) in the case of a product consisting of several lots or pieces, to the last lot or piece delivered,
d) where the goods are to be supplied regularly within a specified period, to withdraw from the contract without giving any reason within fourteen (14) days of the date of the first supply, the date of receipt of the goods by the Consumer or a third party other than the carrier and indicated by the Consumer.
The Consumer shall also be entitled to exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the goods.
The consumer shall not have the right of withdrawal in respect of: – the sale of a copy of a sound or video recording or of computer software in a sealed package, if the consumer has opened the packaging after delivery; – a product which is not a prefabricated product, which has been manufactured on the basis of instructions or at the express request of the consumer, or a product which is clearly personalised for the consumer.
PROCEDURE FOR EXERCISING THE RIGHT OF WITHDRAWAL
If the Consumer wishes to exercise his/her right of withdrawal, he/she must send a clear statement of his/her intention to withdraw (for example, by post or by electronic mail) to the Service Provider using the contact details indicated at the beginning of these GTC.
The consumer shall exercise his right of withdrawal within the time limit if he sends his notice of withdrawal to the Service Provider before the expiry of the time limit indicated above.
The burden of proving that the Consumer has exercised his right of withdrawal in accordance with the provisions set out in Clause 7 shall lie with the Consumer.
In both cases, the Service Provider shall immediately acknowledge receipt of the Consumer’s withdrawal by email.
In the case of a written withdrawal, it shall be deemed to have been validated within the time limit if the Consumer sends the Supplier his declaration to this effect within 14 calendar days (up to and including the 14th calendar day).
In the case of notification by post, the date of posting shall be taken into account by the Service Provider for the calculation of the time limit.
The Consumer shall post his letter by registered mail so that the date of dispatch can be credibly proven.
In the event of withdrawal, the Consumer shall return the ordered product to the Service Provider without undue delay, but no later than 14 days from the date of notification of his/her withdrawal.
The deadline is deemed to have been met if the Consumer sends (posts or delivers to the courier service ordered by him) the product before the 14-day deadline.
The cost of returning the product to the Supplier’s address shall be borne by the Consumer, unless the Supplier has agreed to bear such costs.
At the Consumer’s request, the Service Provider shall arrange for the return of the goods, but the cost of the return arranged by the Service Provider shall be borne by the Consumer, in which case the Service Provider shall not assume the cost of the return arranged by the Service Provider from the Consumer, but shall only assist the Consumer in not having to arrange for the return of the goods. The Consumer’s request to this effect shall be dealt with by the Service Provider’s customer service.
The Service Provider is not able to accept the parcel returned by cash on delivery. The Consumer shall not be charged any costs other than the cost of returning the product in the event of withdrawal.
If the Consumer withdraws from the contract, the Service Provider shall reimburse all the consideration paid by the Consumer, including the transport (delivery) costs, without delay, but no later than 14 days after receipt of the Consumer’s notice of withdrawal, except for any additional costs incurred because the Consumer has chosen a transport method other than the cheapest usual transport method offered by the Service Provider.
The Service Provider is entitled to withhold the refund until the product has been returned or the Consumer has provided credible proof that it has been returned, whichever is the earlier.
The Supplier shall use the same method of payment as that used for the original transaction for the refund, unless the Consumer expressly agrees to another method of payment; no additional costs shall be incurred by the Consumer as a result of using this method of refund.
The Consumer shall be held liable for depreciation of the product only if it is due to use beyond the use necessary to establish the nature and characteristics of the product.
If the Consumer exercises his/her right to terminate the contract for the provision of services after the start of performance, he/she shall be obliged to reimburse the Service Provider’s reasonable costs in the settlement of the account.
The Service Provider may claim reimbursement of the depreciation in value or the reasonable costs resulting from the use of the product beyond the use necessary to determine its nature, characteristics and functioning, if the performance of the contract for the provision of services has begun at the express request of the Consumer before the expiry of the time limit and the Consumer exercises his right of termination.
The Service Provider is subject to a warranty obligation for its products pursuant to the Civil Code and Government Decree 151/2003 (22.IX.), which means that during the warranty period, the Service Provider is only exempted from liability if it proves that the defect is due to improper use of the product.
The duration of the warranty (the warranty period) shall start on the date of actual performance, i.e. the date of delivery of the product to the Customer or, if the installation is carried out by the Service Provider or its agent, the date of installation.
Durable consumer goods are the products listed in the Annex to Government Decree 151/2003 (IX.22) on the mandatory warranty for certain durable consumer goods, for which the law provides for a mandatory warranty period of one year. The (subject) scope of the Regulation applies only to products sold under a new consumer contract concluded in Europe and listed in the Annex to the Regulation.
A defect is not covered by the guarantee if the cause of the defect occurred after the delivery of the product to the Customer, for example, if the defect
– improper installation (unless the installation was carried out by the Service Provider or its agent or the improper installation was due to a fault in the instructions for use)
– misuse, failure to observe the instructions in the instructions for use, – incorrect storage, incorrect handling, damage.
In the event of a defect covered by the warranty, the Customer shall:
– in the first place, repair or replacement, at its choice, unless the chosen warranty claim is impossible to fulfil or would result in disproportionate additional costs for the Service Provider compared to the fulfilment of the other warranty claim, taking into account the value of the product in its original state, the seriousness of the breach of contract and the damage to the Customer’s interests caused by the fulfilment of the warranty claim.
– if the Supplier has not undertaken to repair or replace the goods, cannot fulfil this obligation within a reasonable time and without prejudice to the interests of the Consumer, or if the Customer’s interest in repair or replacement has ceased, the Customer may, at his option, request a proportionate reduction in the purchase price, have the defect repaired or replaced by another party at the Supplier’s expense, or withdraw from the contract. No cancellation may be made for minor defects.
If the Customer makes a replacement claim due to a defect in the product within three working days of purchase (installation), the Service Provider is obliged to replace the product, provided that the defect prevents its proper use.
The repair or replacement must be carried out within a reasonable time, taking into account the characteristics of the product and the use to which the Customer expects it to be put, and without prejudice to the interests of the Customer. The Supplier shall endeavour to carry out the repair or replacement within a maximum of fifteen days.
The repair may only involve the installation of a new part in the product.
The warranty period does not include the part of the repair period during which the Customer is unable to use the product as intended. In the event of replacement (repair) of the product or part of the product, the warranty period shall start anew for the replaced (repaired) product (part of the product) and for the defect resulting from the repair.
The costs related to the fulfilment of the warranty obligation shall be paid by the Service Provider.
The Service Provider shall be released from its warranty obligation only if it proves that the cause of the defect arose after performance.
The Customer shall not, however, be entitled to assert a warranty claim and a warranty claim for the same defect, or a product warranty claim and a warranty claim for the same defect, simultaneously and in parallel. Notwithstanding these limitations, the Buyer shall have the rights under the warranty irrespective of the entitlements set out in Clauses 9.1 and 9.2.
The warranty does not affect the Customer’s statutory rights, in particular the right to claim for accessories, product warranty or damages.
In the event of a dispute between the parties which cannot be settled amicably, the Customer may initiate conciliation proceedings, as indicated in clause 12.2.
The Service Provider shall provide a warranty for the Products sold by it for the duration indicated on the Website in the Product description, which may be longer than the duration specified in the Government Decree. The Service Provider shall communicate the duration of the warranty for each Product at the latest by means of the information on the warranty certificate (warranty ticket) provided at the time of receipt of the Product by the Customer.
Warranty for accessories
The Customer may claim a warranty for defective performance against the Service Provider. In the case of a consumer contract, the Customer may assert a warranty claim within a limitation period of 2 years from the date of receipt of the product for product defects that existed at the time of delivery of the product. After the two-year limitation period, the Customer may no longer enforce his rights under the warranty.
In the case of a contract concluded with a non-consumer, the rightful claimant may assert his warranty claims during the limitation period of 1 year from the date of receipt.
The Customer may, at his option, request repair or replacement, unless the fulfilment of the Customer’s chosen claim is impossible or would involve disproportionate additional costs for the Supplier compared to the fulfilment of his other claim.
If the repair or replacement was not or could not have been requested by the Customer, the Customer may request a proportionate reduction of the remuneration or the Customer may have the defect repaired or replaced by another party at the expense of the Service Provider or, as a last resort, may withdraw from the contract. There shall be no right of withdrawal for minor defects.
The Customer may switch from one warranty of convenience to another, but shall bear the cost of the switch, unless it was justified or the Service Provider gave a reason for it.
The Customer shall notify the Service Provider of the error immediately after its discovery, but not later than two days after the discovery of the error.űThe Customer may assert a claim for warranty of accessories directly against the Service Provider.
Within six months from the date of performance of the contract, the Customer may assert a claim for a warranty claim on the basis of the defect, provided that the Customer proves that he has purchased the Product from the Supplier (by presenting an invoice or a copy of the invoice).
In such a case, the Service Provider shall be exempted from the warranty only if it rebuts this presumption, i.e. proves that the defect in the product arose after delivery to the Customer. If the Service Provider can prove that the cause of the defect is attributable to the Customer, the Service Provider is not obliged to accept the Customer’s warranty claim.
However, after six months from the date of performance, the Customer shall be obliged to prove that the defect which he has discovered existed at the time of performance.
If the Customer asserts a warranty claim in respect of a part of the Product which is separable from the Product in respect of the defect indicated, the warranty claim shall not be deemed to be asserted in respect of the other parts of the Product.
In the event of a defect in the product (movable item), the Customer, as a consumer, may, at his option, assert either the right to a subsidiary warranty as defined in clause 9.1 or a product warranty claim.
The Customer shall not, however, be entitled to assert both a warranty claim and a product warranty claim for the same defect at the same time.
However, in the event of a successful product warranty claim, the Customer may assert a claim for a replacement product or repaired part against the manufacturer.
As a product warranty claim, the Customer may only request the repair or replacement of the defective product. The Customer must prove that the product is defective in the event of a product warranty claim.
A Product shall be deemed to be defective if it does not meet the quality requirements in force at the time of its placing on the market or if it does not have the characteristics described by the manufacturer.
The Customer may claim under a product warranty within two years of the date on which the product was placed on the market by the manufacturer. After this period has expired, the Customer shall lose this right. The Customer shall notify the manufacturer of the defect without delay after the defect has been discovered.
A defect communicated within two months of its discovery shall be deemed to have been communicated without delay. The consumer shall be liable for any damage resulting from the delay in notification.
The Customer may exercise a product warranty claim against the manufacturer or distributor of the movable item (Service Provider).
According to the Civil Code, the producer and distributor of a product is considered a producer.
The manufacturer or distributor (Service Provider) shall be exempted from its product warranty obligation only if it can prove that:
• the product has not been manufactured or placed on the market in the course of its business, or
• the defect was not detectable according to the state of science and technology at the time of placing on the market, or
• the defect in the product is due to the application of a law or a compulsory standard laid down by a public authority.
The manufacturer or distributor (Service Provider) need only prove one ground for exemption.
The information on the Website is provided in good faith, but is for informational purposes only and the Service Provider is not responsible for the accuracy or completeness of the information.
The Customer may use the Website solely at his/her own risk and accepts that the Service Provider shall not be liable for any material or non-material damage arising from the use of the Website, other than for breach of contract caused intentionally, by gross negligence or by criminal offence, or for damage to life, limb or health.
The Service Provider excludes all liability for the conduct of the users of the Website.
The Customer shall be fully and exclusively responsible for its own conduct, in which case the Service Provider shall cooperate fully with the competent authorities in order to detect any infringements.
The pages of the Service may contain links to the pages of other service providers. The Service Provider is not responsible for the privacy practices and other activities of these service providers.
The Service Provider is entitled, but not obliged, to monitor the content that may be made available by the Customers when using the Website, and the Service Provider is entitled, but not obliged, to look for indications of illegal activity with regard to the content posted.
Due to the global nature of the Internet, the Client agrees to act in compliance with the provisions of applicable national laws when using the Website.
If any activity related to the use of the Website is not permitted under the laws of the Customer’s country, the Customer shall be solely responsible for such use.
If the Customer discovers any objectionable content on the Website, he/she shall immediately notify the Service Provider. If the Service Provider, in the course of its good faith conduct, considers the report to be justified, it shall be entitled to delete the information or to amend it without delay.
The Website is protected by copyright.
The Service Provider is the copyright owner or the authorised user of all content displayed on the Website and in the provision of the services available through the Website: any copyright works and other intellectual works (including, but not limited to, all graphics and other materials, the layout and design of the Website, the software and other solutions, ideas and implementations used).
The saving or printing of the contents of the Website and parts thereof on physical or other media for private use or with the prior written consent of the Service Provider is permitted.
Any use other than for private purposes, such as storage in a database, transmission, publication or downloading, commercialisation, etc., is only possible with the prior written consent of the Service Provider.
In addition to the rights expressly set forth in these GTC, no registration, use of the Website or any provision of these GTC shall grant the Customer any right to use or exploit any trade name or trademark displayed on the Website.
Except for the display, temporary reproduction and private copying necessary for the proper use of the Website, such intellectual property may not be used or exploited in any form whatsoever without the prior written consent of the Service Provider.
COMPLAINT HANDLING OPTIONS
The Customer may submit consumer complaints about the product or the Service Provider’s activities to the following contact details:
Address: Slovakia 040 01 Košice – mestská časť Staré Mesto, Kuzmányho 1191/43
Opening hours: Mon-Fri 9:00-17:00
The Customer may submit a consumer complaint about a product or activity using the contact details in point 12.1.
In accordance with the legislation in force, the Service Provider will promptly investigate and, where necessary, remedy the complaint (in the shop), if the nature of the complaint so permits.
If the Customer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Service Provider shall immediately take minutes of the complaint and its position on the complaint and shall provide the Customer with a copy of the minutes in the case of an oral complaint made in person, or, in the case of an oral complaint made by telephone, shall send the copy to the Customer no later than the time of the substantive reply specified in the section on written complaints, and shall proceed as provided for in the provisions on written complaints.
The Service Provider shall record the verbal complaint communicated by telephone to the identification number of the previous order, which shall facilitate the retrieval of the complaint.
The Service Provider is obliged to examine and reply to the written complaint within 30 days of receipt and to ensure that the reply reaches the Customer. If the Service Provider rejects the complaint, it shall state the reasons for its position in its reply on the substance of the rejection.
The Service Provider shall keep a record of the complaint and a copy of the reply for five years.
The Service Provider shall accept complaints submitted by the Customer at the direct contact details specified in Section 12.1 during the opening hours of the Customer Service.
Other means of redress, alternative dispute resolution (ADR)
Since 1 February 2016, a new system of alternative dispute resolution has been in operation in Slovakia, which is regulated by Act XX of 2016 No. 391/2015 on Alternative Dispute Resolution (ADR).
Consumer disputes are resolved by a network of listed entities List published on the MHSR website ) to which the consumer can turn in case of a problem with the seller, if he has a problem with the product or service he has bought. The entities settle the dispute out of court, the process is less formal but they must follow the procedure laid down by law.
If the consumer is not satisfied with the way the seller has handled the complaint or considers that the seller has violated his or her rights, he or she can go to the seller for redress. If the seller does not reply or replies in the negative to this request within 30 days of dispatch, the consumer may refer the matter to the competent body with a proposal to initiate ADR. The entity will examine the proposal to see whether it can initiate ADR or reject the offer on the grounds set out in the ADR rules. The entity will inform the consumer of the rejection. Once ADR has been initiated, the entity will contact both parties to the dispute and seek to resolve the dispute by seeking a compromise that respects the rights of the persons concerned. In the case of ADR, the entity will contact the parties to the dispute, in particular by electronic means or by telephone, in order to resolve the dispute as quickly as possible; the entity must resolve the dispute within 90 days (in complex cases, an extension of time is possible).
The aim of ADR is to find a compromise solution for the parties to the dispute and thereby help them to reach a private law settlement. However, if the parties to the dispute disagree, but the infringement of consumer rights is clear, the panel will provide the consumer with a reasoned opinion explaining his rights, which may form the basis for a claim.