General Terms
VERKÄUFER AGB / GENERAL TERMS AND CONDITIONS FOR B2C/B2B
General terms and conditions
NOVATEC EU s.r.o. for the sale of goods through the online store located at the Internet address https://www.eshop.novatecwheels.eu/
Content
1. Contact details
2. Basic concepts
3. Notification to customers before concluding the purchase contract
4. The process of concluding the purchase contract
5. Price of goods and methods of payment
6. Delivery of goods and place of fulfillment
7. Rights arising from defective fulfillment
8. Methods of resolving and terminating the complaint
9. Privacy Policy
10. Force majeure
11. Alternative dispute resolution
12. Final part, including choice of law and jurisdiction
1. Contact details
1. Online shop operator
Online shop operator: NOVATEC EU s.r.o.
Registered office: Sadová 2719/3C, 90501 Senica, Slovakia
Company ID: 45981086
TIN: SK2023166024
Authorized representative: Rastislav Geguš
Commercial Register: Commercial Register of the District Court Trnava
Registration number: 26710/T
Hereinafter referred to as "Seller" or "We"
Phone: +421948729699
E-mail: info@novatecwheels.eu
Customer service: We provide customer support for our customers on the above phone number and email on weekdays from 7.30am to 3.30pm.
2. Basic concepts
2.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the seller govern the mutual rights and obligations of the parties arising in connection with or based on the purchase contract (hereinafter referred to as the "purchase contract") concluded between us and consumers or entrepreneurs (hereinafter referred to as "customer" or "you") through the Novatec online store on https://www.eshop.novatecwheels.eu/.
2.2 Online Store. The seller's online store (hereinafter referred to as the "online store") is operated on the website https://www.eshop.novatecwheels.eu/.
2.3 The Business Terms and Conditions further regulate the rights and obligations of the contracting parties when using the seller's online store and other related legal relations.
2.4 The wording of these terms and conditions may be unilaterally amended or supplemented by the seller. This provision is without prejudice to the rights and obligations of the parties arising during the period of validity of the previous version of the terms and conditions.
2.5 The Business Terms and Conditions are freely available at the Internet address: https://www.eshop.novatecwheels.eu and the buyer is therefore allowed to archive and reproduce them. In addition, the Business Terms and Conditions are delivered to the Buyer together with the receipt of the order and an invoice to his electronic address.
2.6 What can you buy from us? In our Novatec online store, you can buy the goods we exhibit and offer. If the goods are offered, they also include a license for use.
2.7 Who is considered a consumer? A consumer is any natural person who, outside the scope of his business activity or outside the independent exercise of his profession, concludes a purchase and sale contract with us or otherwise acts legally with us (hereinafter referred to as "consumer"). In this case, the purchase contract is concluded by the so-called consumer contract within the meaning of the provisions of § 52 et seq. of the Civil Code (Act No. 40/1964 Coll., as amended).
2.8 If the buyer is a consumer, the purchase contract concluded between the seller and the consumer through the online store is governed by the provisions of these terms and conditions, and in matters not expressly regulated in the terms and conditions, they are governed by the relevant generally applicable legislation, in particular the Civil Code.
2.9 The buyer may also be a natural or legal person who, when concluding and performing the contract, acts within the scope of his commercial or other business activity (hereinafter referred to as "entrepreneur").
2.10 If the buyer is an entrepreneur, the purchase contract concluded between the seller and the entrepreneur through the online store is governed by the provisions of these terms and conditions, unless expressly stated otherwise in these terms and conditions, and matters not expressly regulated in the terms and conditions, they are governed by the relevant generally valid legal regulation, in particular the Commercial Code (Act No. 513/1991 Coll., as amended).
2.11 Digital Content Goods. For contracts for the supply of goods with digital content, these GTC apply mutatis mutandis, unless otherwise specified. Digital content means data produced and provided in digital form.
2.12 Goods with Digital Elements. For contracts for the supply of physical data carriers that serve exclusively as carriers of digital content, these GTC apply mutatis mutandis, unless otherwise specified. Digital content means data produced and provided in digital form.
3. Information to customers before concluding the purchase contract
3.1 Seller Authorization and Inspection Authorities. We are authorized to sell goods based on a trade license. Trade licensing is carried out within its competence by the relevant trade licensing office. Control over personal data is exercised by the Office for Personal Data Protection. The Slovak Trade Inspection Authority supervises, inter alia, compliance with Act No. 250/2007 Coll., on consumer protection, to a defined extent.
Supervisory authority: Slovak Trade Inspection (SOI)SOI Inspectorate for the Trnava RegionPekárska 23, 917 01 Trnava 1Department of Supervision Performance. No 033/3212 527, 033/3212 521, fax No 033/3212 523
3.2 Illustrative nature. The photos you see on our website are for illustrative purposes only.
3.3 Additional Costs. We do not charge any additional telecommunication costs (for example, if you call us on our telephone number, you will only pay your normal telephone call rate).
3.4 Consumers have the right to withdraw from the purchase and sale contract without giving reasons, for at least 14 days, which begins to run no later than from the date of receipt of the goods (or the last product, partial shipment, or last piece in the case of a contract for several pieces of goods from one order or delivery of goods in several partial consignments or pieces). The seller may provide a longer period. To meet the deadline, you only need to send a notice regarding the exercise of the right of withdrawal before the expiry of this period.
3.5 Withdrawal form. To exercise your right of withdrawal, you must do so in an unambiguous manner, by e-mail, by phone, post, or otherwise. For this, you can use the attached model withdrawal form, but it is not your obligation.
3.6 When you do not have the option to withdraw from the purchase contract. The customer is not entitled to withdraw from the following contracts:
3.6.1 on the delivery of goods that have been modified and/or created at the request of the customer or for him;
3.6.2 on the delivery of goods, its price depends on variations of financial markets beyond our control, which may occur during the withdrawal period;
3.6.3. on the delivery of goods subject to rapid destruction, as well as goods that have been irreversibly mixed with other goods after delivery;
3.6.4. on the delivery of goods in sealed packaging which has been removed from the packaging by the consumer and it is not appropriate to return it after the consumer has broken it, including audio or video recordings and computer programs, if the consumer has damaged their original packaging;
3.6.5. on accommodation, transport of goods, rental of means of transport, meals, or use of leisure time, if according to the contract it is to be carried out on a specified date or within a specified period.
3.6.6 for the supply of newspapers, periodicals, or magazines, except subscription contracts for their supply.
3.6.7 on the provision of services, if they have been provided in full; in the case of performance for remuneration, only if it has begun with the consumer's consent before the expiry of the withdrawal period and the entrepreneur has instructed the consumer before concluding the contract that the provision of performance terminates the right to withdraw from the contract;
3.6.8. urgent repair or maintenance to be carried out at a place designated by the consumer at his express request; however, this shall not apply to the carrying out of repairs other than those required or to the supply of goods other than spare parts necessary for carrying out repair or maintenance;
3.6.9 on the delivery of digital content, if it was not delivered on a tangible medium and was supplied with your prior express consent before the expiry of the withdrawal period from the purchase contract and we informed you before concluding the purchase contract that in such case you do not have the right to withdraw from the purchase contract.
3.7 The value of the returned goods and the associated cost of returning the goods. You bear the direct cost of returning the goods.
3.8 Refund of the Purchase Price. In the event of withdrawal from the purchase contract within the withdrawal period, we are obliged to refund the purchase price to you (except for additional costs if you have chosen a delivery method other than the cheapest standard delivery offered by the seller), the same payment method as when receiving money, unless we agree otherwise, no later than 14 days from the moment we received the returned item or its dispatch will be reliably proven to us. You will not be charged for this refund. If we do not receive the goods back, we are entitled not to refund the purchase price.
3.9 Return shipping address. The consumer is obliged to send the goods after withdrawal from the contract to the address of the registered office of the company. Address for sending returned goods: Novatec EU s.r.o., Sadová 2719/3C, 90501 Senica, Slovakia. If you have any questions, please contact us via e-mail address info@novatecwheels.eu or telephone number +421948729699 to ensure your rights to return the goods and agree on an individual procedure.
3.10 Gift. If a gift is provided to the customer together with the goods, the gift contract between us and the customer is concluded with the development condition that if the customer or our withdrawal from the purchase contract occurs, the gift contract regarding such gift ceases to be effective and the customer is obliged to return the gift provided to us together with the goods.
3.11 The seller is entitled to withdraw from the contract due to sold out of stock, unavailability of goods, or if the manufacturer, importer, or supplier of the goods agreed in the contract has interrupted production or made such serious changes that made it impossible to fulfill the seller's obligations under the contract or for reasons of force majeure, or if he has not made all efforts that can reasonably be required of him, is unable to deliver the goods to the buyer within the period specified by these General Terms and Conditions or at the price specified in the online store or due to the buyer's failure to take over the shipment within the collection period of 18 calendar days. The seller is obliged to immediately inform the buyer of this fact and return the already paid advance for the goods agreed in the contract within 14 days of the notice of withdrawal from the contract by transfer to the account specified by the buyer.
3.11 The seller is entitled to withdraw from the contract due to sold-out stocks, unavailability of goods, or if the manufacturer, importer, or supplier of the goods agreed in the contract has interrupted.
3.12 The provisions of this article of the Business Terms and Conditions governing the consumer's rights to withdraw from the purchase and sale contract do not apply to entrepreneurs.
4. The process of concluding the purchase contract
4.1 Placing an Order. The customer can select one or more goods by placing them in the virtual shopping cart, where the customer can view the selected goods, change their number, or remove them from the shopping cart. By pressing the "Continue to Shipping and Payment" button, the customer is prompted to enter information regarding shipping and select a payment method. Before completing the order, the customer is allowed to review and change the data entered into the order or customer data. By clicking on the "Send the Order with the Payment Liability" button, the order process is completed, and the purchase contract is concluded.
4.2 Acceptance of the GTC. By submitting your order, you confirm that you have read and agree with GTC and our data processing policy.
4.3 Consent of the legal representative at the underage customer. If a minor customer purchases on our website, this requires the prior consent of his/her legal representative.
4.4 Features of the Goods. Before completing the order, the customer is obliged to familiarize himself with the characteristics, type and recommended way of using the goods. By placing an order, the customer confirms that he has read and understands this information.
4.5 Order Confirmation. The seller confirms receipt of the customer's order by sending the customer an order confirmation by e-mail. This order confirmation serves only to inform the customer that the order has been received and will be processed, no later than 2 working days after the order has been executed by the customer. The purchase contract is already concluded at the moment of pressing the "Order binding to payment" button.
4.6 Contract Language. The contractual language is Slovak.
4.7 Obligations arising from the purchase contract. By concluding the purchase contract, we undertake to hand over the purchased goods to you and enable you to acquire ownership of the goods. By concluding the purchase contract, you undertake to take over the goods and pay us the price of the goods.
4.8 Copy of the GTC and the form for withdrawal from the purchase contract. The customer will receive a copy of the concluded purchase contract, i.e. the current version of these GTC. The customer consumer will also receive a withdrawal form from the purchase contract within the statutory period.
5. Price of goods and methods of payment
5.1 Price. All prices of goods are stated in Euros (EUR) and include VAT.
5.2 Payment Options. Methods of payment of the price of goods and possible costs associated with the delivery of goods can also be found on the seller's description page. We reserve the right not to offer the customer a partial method of payment for the goods in an individual case. The customer has the option to:
5.2.1 PayPal (The customer is redirected to PayPal where he pays the purchase price from his PayPal account and in accordance with the terms of use of PayPal, available on www.paypal.com
5.2.2 Payment by card, through the TrustPay payment gateway, www.trustpay.eu
5.2.3 Payment by bank transfer or instant bank transfer
5.3 Unrealistic price of goods. In the case of displaying an unrealistic price of 0,00 EUR or displaying a highly non-market price, where the non-market price is such a price that is below our purchase price, we reserve the right to remove this item from your proposal for the conclusion of a purchase contract. You will be notified of this in your e-mail.
5.4 Form of invoice. We conclude that invoices will be sent electronically to your e-mail.
5.5 Full Payment of the Purchase Price. We reserve the right of ownership of the goods to our customers until full payment of the purchase price is received by the relevant purchase contract.
6. Delivery of goods and place of performance
6.1 Delivery of goods. The goods will be delivered within the delivery time specified for the type of goods. We always undertake to deliver the goods within 30 days at the latest. We will always inform you of any changes at the time of delivery. Together with the purchase price, you are obliged to pay us any costs associated with packaging and delivery of goods in the agreed amount, as well as a surcharge for the chosen payment method. Unless expressly stated otherwise, the purchase price also means the costs associated with the delivery of goods. Before concluding the purchase contract, you will be informed about the final price including the costs of packing and transport.
6.2 Delivery address. The goods are delivered to the address specified by the customer in the order.
6.3 Mode of Transport. The customer can choose the method of transport of the goods to any address specified in the order.
6.4 Redelivery and related costs. If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, you are obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
6.5 Receipt of Goods. Just at the moment of receipt of the goods by the customer, the risk of damage and sudden deterioration in the quality of the purchased goods passes to the customer. If the customer should have taken over the goods from the carrier, the risk of sudden destruction and sudden deterioration of the quality of the purchased goods passes to the customer at the moment when he was allowed to dispose of the goods, but not earlier than the specified time of delivery.
6.6 Customer's obligation upon receipt of the goods. Upon receipt of the goods, you are obliged to check them and make sure of their characteristics (in particular, whether you have received the right type of goods, whether the goods have the agreed quality, whether the goods contain everything in their packaging that they should contain according to the instructions). In case of visible damage to the shipment by the carrier, the customer is obliged not to take over such shipment from the carrier at all. We are not responsible for damages caused by the carrier or delay in the delivery of the goods, regardless of the delay caused by any reason.
6.7 The goods shall be deemed to have been taken over by the consumer at the moment when the consumer or a third party designated by him, except the carrier, takes over all parts of the ordered goods, or if - the goods ordered by the consumer in one order are delivered separately, at the moment of receipt of the goods that were delivered last, - delivers goods consisting of several parts or pieces, at the moment of receipt of the last part or the last piece, - delivers the goods repeatedly during a defined period, at the moment of receipt of the first delivered goods.
6.8 Damage that may be incurred by the seller by not taking over the goods. If the customer does not take over the goods from the consumer upon their delivery by the carrier, the goods are subsequently returned to the Seller and at the same time the customer consumer does not withdraw from the purchase contract within 14 days from the futile delivery of the goods, the seller is entitled to demand from the customer the costs charged by the carrier for the delivery of the goods back to the seller. This cost represents damage for the seller resulting from a breach of the customer's legal obligations.
7. Rights arising from defective fulfillment
7.1 Defective fulfillment. This part of the GTC is used to regulate rights and obligations when exercising rights arising from defective fulfillment in the sale of goods between us as the seller and the customer as the buyer.
7.2 When to Claim Defective Goods. You are obliged to reproach (complain) the defects of the goods to us without undue delay after the defect appeared. Otherwise, you would not be awarded a claim for defective performance by the court. You are entitled to reproach a defect that occurs with consumer goods within 24 months of receipt of these goods. This shall not apply to goods for which the packaging, label, instructions accompanying the goods, or advertising by other legislation state the period during which the goods may be used. The provisions on quality guarantee (contractual warranty) apply here.
7.3 What happens after 24 months? After the futile expiry of 24 months, it is no longer possible to complain about defects in the goods. If possible for the goods, this period will be extended by the period during which you could not use the goods because they were in the process of a justified complaint. Although we always try to handle complaints to your satisfaction, some goods must be handled according to the instructions on the packaging/label/package leaflet - otherwise, they will be damaged.
7.4 Contractual Warranty. If a voluntary contractual warranty has been guaranteed for the goods for more than 24 months from receipt of the goods, you will be able to claim for the defects of the goods during this period. The period is extended by the time during which you could not use the goods because they were in the process of a justified complaint.
7.5 Presumption that the goods are defective. If the defect becomes apparent within 12 months of receipt of the goods, the goods are deemed to have been defective upon receipt, unless we prove otherwise.
7.6 For which defects are we not liable? We are not liable to you for defects in the following cases:
7.6.1 if there is a defect in the goods at the time of receipt and a discount on the purchase price is agreed for such a defect,
7.6.2 the defect arose from wear and tear caused by normal use, or it results from the nature of the goods,
7.6.3 is caused by you and caused by improper storage, improper maintenance, your intervention, or mechanical damage, all under conditions that do not correspond to their temperature, dustiness, humidity, or other environmental influences and is intended as such directly by us or the manufacturer (usually on the package leaflet/label of the goods) or it results from legal regulations.
7.6.4 goods that have been modified by the customer and a defect has arisen because of this modification,
7.6.5 using the Goods in conditions that do not correspond to their temperature, dustiness, humidity, chemical, and mechanical effects of the environment intended directly by the seller or manufacturer or resulting from legal regulations,
7.6.6 The defect is the result of an external event beyond our control (e.g. a natural disaster).
7.7 What should I do to claim a defect in the goods? To exercise the rights from defective goods, please contact us directly at our email address info@novatecwheels.eu.
7.8 Confirmation of receipt of the complaint. After sending you a message about exercising your right to complain, we will get back to you within 2 working days. The moment of filing a complaint is considered to be the moment when we receive data from you on the claim for goods.
7.9 Delivery of the claimed goods back to the seller. The goods must be returned complete, undamaged (except the claimed defect), ideally in the original undamaged packaging so that we can follow the principles of good hygiene procedure. To eliminate the defect, we will take over the goods at our own expense. We will contact you to agree with you on the next steps.
7.10 Confirmation. After receiving the claimed goods, you will be sent a confirmation of receipt of the complaint and its contents to your designated e-mail address.
8. Methods of handling and terminating the complaint
8.1 What will affect my options? You will have the right to request that the defect be rectified. Depending on your choice, you can select:
8.1.1 correction of the item;
8.1.2 delivery of new goods; or
8.1.3 Supply of missing part. This should not be a disproportionately high requirement on your part. If repairing the item would pose significant difficulties for us or it would not be a reasonable requirement about the value of the item and the significance of the defect, we will notify you. We will proceed in the same way if we evaluate your requirements for the delivery of new goods as disproportionately high about the defect of the goods or the value of the goods.
8.2 If it is a material breach of the purchase contract. If the defect constitutes a substantial breach of the purchase contract, you will have the right to withdraw from the purchase contract or request a reasonable discount on the purchase price of the goods.
8.3 When will it be possible to claim a refund of the purchase price? In some situations, it will be possible to withdraw from the purchase contract and request a refund of the purchase price. This will not be possible if the defect of the goods is not significant. What will be the situation when you withdraw from the purchase contract and request a refund of the purchase price:
8.3.1 we refuse to remedy the defect in the goods or we have not corrected the defect within a reasonable time;
8.3.2 it will be clear from our statement or other circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer;
8.3.3 the defect of the goods becomes apparent repeatedly; or
8.3.4 This is a material breach of the purchase contract.
8.4 When will it be possible to request another reasonable discount on the purchase price of the goods? In some situations, you may also request a reasonable discount on the purchase price. This will not be possible if the defect of the goods is not significant. What will be the situations when you can request another reasonable discount on the purchase price?
8.4.1 we refuse to remedy the defect of the goods or we have not corrected this defect within a reasonable time;
8.4.2 it will be clear from our statement or other circumstances that the defect will not be rectified within a reasonable time or without significant inconvenience to the buyer;
8.4.3 the defect of the goods becomes apparent repeatedly; or
8.4.4 This is a material breach of the purchase contract.
8.5 You will inform us how the complaint will be handled. You are obliged to inform us which right of defective performance you have chosen, either when notifying the defect or without undue delay after notification of the defect. You may not change the choice made without our consent; This does not apply if you request the repair of a defect that turns out to be irreparable.
8.6 Returns of Original Goods. When settling a complaint by delivering new goods, you will be obliged to return the goods originally delivered to us (unless we agree otherwise). The customer may not request the delivery of new goods (or withdraw from the purchase contract) if he is unable to return the goods in the condition in which they were received. This does not apply if you used the goods before the defect was discovered or if there was a change in condition when the defect was discovered. Furthermore, even if it is not possible to return the goods to their original condition without your involvement.
8.7 When will the complaint process be closed? The complaint process will be concluded within 3 weeks of exercising the right to defects unless we agree otherwise.
8.8 Termination of Complaint. If the claimed goods were delivered to us by the carrier, after settling the complaint, it will be automatically delivered to your address together with a confirmation of the date and method of settling the complaint, including a confirmation of the repair and duration of the complaint, or a justification for rejecting the complaint.
8.9 Obligation upon receipt of the claimed goods. You are also obliged to verify the completeness of the claimed goods upon receipt, in particular that the shipment with the goods contains everything it should contain. Subsequent objections will be disregarded.
9. Privacy Policy
9.1 Principles of Personal Data Processing. You can find more information about what personal data we process, how, for what purpose, and for how long they are processed in our personal data processing policy.
10. Force majeure
10.1 What is force majeure? For these GTC, force majeure is considered to be any obstacle that occurred independently of our will and prevents it from fulfilling its obligation unless it is reasonably foreseeable that we would avert, overcome, or foresee this obstacle or its consequences. Non-liability effects shall be limited to as long as the obstacle to which those effects are linked persists.
11. Alternative dispute resolution
11.1 Out-of-Court Dispute Resolution. The Slovak Trade Inspection, with its registered office at the Slovak Trade Inspection (SOI) Inspectorate of the SOI for the Trnava Region, Pekárska 23, 917 01 Trnava 1, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The Online Dispute Resolution platform located at the http://ec.europa.eu/consumers/odr Internet address can be used to resolve disputes between the seller and the customer under the purchase contract.
11.2 European Consumer Centre of the Slovak Republic. European Consumer Centre Slovak Republic, with its registered office at Mlynské nivy 44/a 827 15 Bratislava Slovak Republic, internet address: https://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 consumer ODR).
11.3 Complaints. Before you start out-of-court dispute resolution, we recommend that you contact our e-mail address info@novatecwheels.eu. We always try to resolve the dispute amicably first. Your complaints will be dealt with within 2 working days at the latest (48 hours, this period may be extended by non-working days and public holidays, which are common within the Slovak Republic).
12. Final part, including applicable law and jurisdiction
12.1 Commitment to Respect for Consumer Rights. Should the provision of these GTC conflict with statutory consumer protection regulations, the law shall prevail and we undertake to comply with it in this way.
12.2 Invalid or ineffective provision of the GTC. If any provision of the GTC is invalid or ineffective or becomes so, the provision shall take the place of the invalid provisions, its meaning shall be as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3 Law. If there is an international element, we agree that our legal relationship will be governed by the law of the Slovak Republic to the exclusion of all provisions of the conflict of laws rules that refer to another legal order. However, by making that choice of law, the user and the consumer cannot be deprived of the protection afforded to him by the provisions of the law of the country of his habitual residence. The Contracting Parties agree to expressly exclude the application of the United Nations Treaty on Contracts for the International Sale of Goods. According to Article 6(2) of the Rome I Regulation, mandatory provisions of law that would be applicable without that provision shall always apply.
12.4 Disputes and Jurisdiction. The parties further agree that the local courts of our place of residence will always be competent to resolve any disputes arising from the purchase contract where there is an international element. This is without prejudice to the consumer's rights under special legislation.
12.5 If we agree on different conditions for concluding the purchase contract. The provisions of the GTC are an integral part of the purchase contract. Provisions deviating from the GTC can be agreed upon in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the GTC.
12.6 The necessity of accepting the GTC for the conclusion of the purchase contract. Acceptance of these GTCs is voluntary, but unfortunately, it is not possible to conclude a purchase contract without their acceptance.
12.7 Validity of the GTC. These GTCs are valid from 01.01.2024 and cancel the validity of the previous terms and conditions.