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Terms & Conditions

General Information

The following Terms and Conditions apply to distance contracts entered into and by the Seller and the Buyer at the www.florbal4u.com website under Act no. 102/2014 Coll., on the Consumer Protection in respect of the sale of goods and the provision of services on the basis of a distance contract.

The Seller is: Florbal s.r.o., Tomášikova 13, 821 01 Bratislava. Co. Reg. No. 44887001, VAT Reg. No. 2022868793. Phone Number: +421 948 495 924, E-mail: info@florbal4u.com. Registered in the Commercial Register with the District Court Bratislava I, Section Sro, Insert no. 121506/B.

Buyer is a Consumer, i. e. a natural person who, when entering into and performing a consumer contract, does not engage in business and not enter into contracts/agreements relating to the entrepreneur’s business, manufacturing or similar activities or employment. Purchases carried out by a business entity are governed by the Commercial Code No. 513/1991 Coll.

The regulatory body for consumer protection is the SOI Inspectorate for the Bratislava Region, Prievozská 32, P.O. Box 5,820 07 Bratislava 27.

 

Order and Contract Conclusion

Submission of the completed order by the Buyer is considered an offer for conclusion of a contract pursuant to the Civil Code, based on the offer of the Seller in the e-shop. The contract is concluded when the Seller confirms the order.

 

Prices

All product prices displayed on the e-shop are final, including all taxes. The Seller is a VAT payer. Product price does not include delivery costs. These are listed at https://en.florbal4u.com/payment-and-delivery and also in the shopping cart before the order is completed. There, the Buyer sees the total price of the order, including the cost of delivery.

 

Payment

The Seller accepts payment for the ordered goods using payment methods listed at https://en.florbal4u.com/payment-and-delivery.

By placing an order on the e-shop, the Buyer undertakes to pay the Seller the price for the ordered goods.

 

Delivery

If there is no delivery time stated by the product, the Seller will deliver the goods to the Buyer no later than in 30 days.

Goods are deemed to have been received by the Buyer at the moment when the Buyer or a third party (other than the carrier) designated by the Buyer receives all parts of the ordered goods or if

a. the goods ordered by the Buyer within the same order are delivered separately, at the moment of receipt of the last delivered item,

b. the goods consist of several parts or pieces, at the moment of receipt of the the last part or the last piece,

c. the goods are delivered repeatedly during a defined period (ongoing delivery), at the moment of receipt of the first delivered item.

 

Claims and Complaints

The Seller is liable for the defects that the goods have on the Buyer's receipt. For used items, the Seller is not liable for defects caused by usual wear and tear. For items sold at a discounted price, the Seller is not liable for the defect for which a discounted price has been negotiated. Unless the goods subject to rapid deterioration by nature or in case of used goods, the Seller is liable for defects that occur within the warranty period (warranty).

The warranty period for new goods is 24 months, which commences on the day of receipt. The warranty period for the used goods is 12 months. The warranty period for services (repair or adjustment) is 3 months. The warranty period for custom-made products is 24 months. If an extended warranty period is indicated on the product, its packaging or the attached user manual, the warranty period will not run out before the indicated period.

The warranty period for the non-consumer Buyer is 24 months.

If the purchased product is to be put into operation by a party other than the Seller, the warranty period commences only on the day the product is put into operation, provided that the respective service of putting the product into operation is ordered by the Buyer no later than within three weeks after the product is received and that necessary assistance and co-operation of the Buyer to render this service are provided.

The warranty certificate is issued at the request of the Buyer. A proof of purchase is sufficient to claim a faulty product.

If the goods have a defect that can be removed, the Buyer has the right to have the defect removed free of charge, in a timely and proper manner. The Seller is required to remove the defect without undue delay.

However, the Buyer should not continue to use the product on which a defect was found. If there are any defects that occur after the purchase, the Buyer shall report the defect without undue delay, at the latest by the expiration of the warranty period. After the warranty expires, the right to claim shall expire.

The usual wear and tear characteristic for the given material or the manner of use is not considered a defect. It is also not considered a defect if the nature of the product is that its lifetime is shorter than the warranty period, and that even when used in a proper manner, it will suffer its total wear before the expiration of the warranty period.

Instead of having the defect removed, the Buyer may and can claim to have the product replaced, or if only a component part of the product is affected by the defect, the Buyer may and can claim to have the defective component part replaced as long as the Seller does not incur unreasonable costs with respect to the price of the goods and the seriousness of the defect. Instead of removing the defect, the Seller may and can always replace the defective product for a defect-free product, if that does not cause significant inconvenience to the Buyer. If the defect is irreparable and prevents the product from being properly used as a defect-free product, the Buyer has the right to have the product replaced or to withdraw from the contract. The Buyer may claim to have the defect removed by being delivered a new product or a replaced component part also in cases where the defect can be removed but the product cannot be used because of a repeated occurrence of the defect after repair or a larger number of defects. If the defect is irreparable, the Buyer may and can claim a reasonable discount on the purchase price.

The Buyer can exercise the right to claim a faulty product at the address of the registered office. If, however, an after-sale service is provided and stated in the warranty certificate, that is located closer to the Seller or the Buyer, the Buyer may and can exercise the right to have the product repaired at the location of the service. The provider of the service is obliged to repair the product within 30 days.

If a faulty product has been replaced, the warranty commences again from the moment of the receipt of the new product. The same applies if a component part has been replaced, for which the warranty period was provided.

The claim is considered settled when the claim procedure has been completed and a repaired or replaced product was delivered to the Buyer or the Buyer is refunded the entire purchase price of the product or a reasonable discount on the product price was paid to the Buyer or a written request to take the repaired product or a reasoned refusal was submitted.

In the event of a claim, the Seller will determine the manner of handling the claim and will do so immediately or in complex cases no later than within 3 working days from the date of the claim, in justified cases, especially if a complex technical evaluation of the condition of the product or service is required, at the latest within 30 days from the date of the claim. After determining how the complaint is handled, the claim will be handled immediately or, in justified cases, the claim may be handled later, however, it shall not take longer than 30 days from the date of the claim. After the time-limit for handling the claim has expired, the Buyer has the right to withdraw from the contract or to have the product replaced with a new one.

If the Buyer has claimed a faulty product within the first 12 months after the purchase, the Seller may only deny the claim on the basis of expert judgment; regardless of the outcome of the expert judgment, the Seller will not require the Buyer to bear the costs for the expert judgment or any other costs related to the expert judgment. The Seller is obliged to provide the Buyer with a copy of the expert judgment justifying the denial of the claim no later than within 14 days after the day the claim was handled. If the Buyer claimed a faulty product after 12 months after the purchase and the claim has been denies by the Seller, the Seller shall state to whom the Buyer can send the product for expert judgment in the document about handling the claim. If the product is sent for expert judgment to the intended person, the costs of the expert judgment, as well as all other related expenses incurred, shall be borne by the Seller, regardless of the outcome of the expert judgment. If the Buyer demonstrates the Seller's liability for the defect in the expert judgment, he may file a claim again, as long as the warranty does not expire during the period the expert judgement is being executed. The Seller is obliged to refund the Buyer the cost of the expert judgement as well as all other expenses related to it within 14 days from the day of the second claim. The second claim can not be denied.

The Seller shall issue a claim confirmation to the Buyer. If the claim is filed via email, the Seller shall deliver the claim confirmation to the Buyer immediately; if it is not possible to deliver it immediately, it must be delivered without undue delay, but at the latest with the document about handling the claim. The claim confirmation does not have to be delivered if the Buyer has a different means of proving the filing of the claim.

The warranty does not apply to defects caused by:

  • mechanical damage to the goods caused by the Buyer after the product is received,
  • use of the goods in contradiction to the manufacturer's instructions,
  • use of the goods in conditions which do not correspond to the environment for which the goods are intended,
  • unprofessional interference with the use or neglected care and maintenance of the goods,
  • excessive load in contradiction with the conditions stated in the goods documentation, general principles, technical standards or safety regulations in force in the Slovak Republic,
  • transportation of the product after having been received by the Buyer,
  • water, fire, static or atmospheric electricity, or other forces beyond control,
  • using components other than those used or recommended by the manufacturer, supplier or retailer,
  • repairs or modifications of goods by persons who are not authorized to perform warranty repairs,
  • material-specific or use-specific wear and tear.

If the buyer claims any of the aforementioned defects, the claim may and can be reasonably rejected.

 

Returning the goods – withdrawal from the contract without justification

The Buyer has the right to withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods. This right can only be exercised by the Consumer.

Goods shall be deemed to have been received by the buyer at the moment when the Buyer or a third party other than the carrier designated by him receives all parts of the ordered goods or if

a. the goods ordered by the Buyer within the same order are delivered separately, at the moment of receipt of the last delivered item,

b. the goods consist of several parts or pieces, at the moment of receipt of the the part or the last piece,

c. the goods are delivered repeatedly during a defined period (ongoing delivery), at the moment of receipt of the first delivered item.

 

The Buyer may and can withdraw from the contract concerning the delivery of the goods even before the start of the withdrawal period.

The Buyer can not withdraw from the contract which concerns:

  • the sale of goods made according to the specific requirements of the Consumer, custom-made goods or goods intended for a single Consumer,
  • the sale of goods which is subject to a rapid reduction in quality or deterioration,
  • the sale of goods sealed in a protective packaging which is unsuitable for return for health or hygiene reasons and whose protective packaging has been tampered with after delivery (e.g. floorball sticks from which the Buyer has removed the plastic handle cover),
  • the sale of goods, which with respect to their nature can be inseparably mixed with other goods after delivery.

The Buyer may and can exercise the right to withdraw from the contract in written form or via other durable medium (e.g. by e-mail), or by sending a filled-in form available at Departure form of the treaty.

The right to withdraw from the contract can also be exercised by sending a notice of withdrawal within a period of 14 days (including the last day).

Upon receipt of the notice of withdrawal, the Seller shall refund the Buyer within 14 days the entire amount of payments received by the Buyer under the contract and other related payments, including shipping and delivery costs, postage charge and other costs and fees. The Seller shall return the payment using the same method as the Buyer used to make the payment. The Buyer may also agree with the Seller on a different way of refunding.

The Seller is not obliged to pay additional costs to the Buyer if the Buyer has explicitly chosen a different delivery method as the cheapest normal delivery method offered by the Seller. Additional costs are understood as the difference between the delivery costs chosen by the Buyer and the cost of the cheapest normal delivery method offered by the Seller.

Upon withdrawal, the Seller is not obliged to refund the Buyer the payment before the goods are delivered to the Seller or until the Buyer has a proof of sending the goods back to the Seller, unless the Seller suggests that the goods be picked up personally or through a person authorized by the Seller.

The Buyer is obliged to send the goods back or hand them over to the Seller or the person authorized by the Seller to take over the goods within 14 days from the day of the withdrawal. This period shall be deemed to have been met if the goods were handed over for shipment no later than the last day of the withdrawal period.

Upon withdrawal, the Buyer will only bear the cost of returning the goods to the Seller or the person authorized by the Seller to take over the goods, as well as the cost of returning the goods, which with respect to its nature can not be returned via mail.

The Buyer is liable for any decrease in value of the goods that results from handling of the goods in any way other than what is necessary to establish the nature, characteristics and functioning of the goods.  

After the delivery of the goods, the Buyer has the right to examine its functionality, but he can not use the goods if he withdraws from the contract. In order to establish the nature, characteristics and functioning of the goods, the Consumer shall manipulate and examine the goods only in the way recommended by the Seller. The Buyer is required to manipulate and examine the goods with due care during the withdrawal period. For example, purchased sportswear should only be tried by the Buyer but should not be worn, and the goods should be returned with the original tags and other protective or identifying means.

 

Alternative Dispute Resolution

The Buyer - Consumer - has the right to contact the Seller with a request for remedy (for example, by email) if he/she is not satisfied with the Seller's handling of the complaint or if he/she believes the Seller has breached his/her consumer rights. If the Seller answers or fails to respond to this request within 30 days of its submission, the Consumer has the right to file a reference for Alternative Dispute Resolution to Alternative Dispute Resolution entity  (“ADR entity“) under Act no. 391/2015 Coll. ADR entities are public authorities and authorized legal entities under § 3 of Act no. 391/2015 Coll. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Reoublic, at www.mhsr.sk. The reference may be submitted by the Consumer according to the method specified in §12 of Act no. 391/2015 Coll.

Any disputes arising between the Seller and the Buyer may also be settled out of court via the Online Dispute Resolution (ODR) platform, available online at https://ec.europa.eu/consumers/odr/main/index.cfm.

Alternative dispute resolution can only be exercised by a Consumer - a natural person who when concluding and performing a consumer contract does not engage in business and does not enter into contracts/agreements relating to the entrepreneur’s business, manufacturing or similar activities or employment. Alternative dispute resolution only concerns disputes  between the Consumer and the Seller which result directly from the consumer contract or are related to the consumer contract. Alternative dispute resolution applies only to long distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may charge the Consumer a fee for starting an alternative dispute resolution up to a maximum of EUR 5 incl. VAT.

 

Private Data Protection

The purpose of processing personal data is to use them to fulfill a consumer contract that the seller concludes with the buyer by creating an order in this online store. This consumer contract is also the legal basis for the processing of the buyer's personal data. The provision of buyer's personal data is a contractual requirement that is required to conclude a contract. Providing personal data is a prerequisite for buying in the seller's e-shop. If the buyer fails to provide all the required personal information to the seller, this may result in the conclusion of the purchase contract.

The Seller shall process the personal data in accordance with Act no. 18/2018 on the protection of personal data and process only the personal data necessary for the conclusion of a consumer contract.

The seller processes the customary personal data of the buyer.

Buyer's personal information is stored in the seller's information system for 10 years.

Buyer has the right and ability to update personal information in online mode on the web site, customer section, sign-up, or other form (by e-mail, in writing).

Personal data may be provided to third parties for the purposes of fulfilling the consumer contract - shipping companies (couriers) and companies processing accounting documents.

Buyer's personal information is not disclosed.

The seller may process personal data for marketing purposes (for example, to send newsletters or emails about news, discounts, actions, etc.) without the prior consent of the buyer. For this purpose, the seller processes the necessary data, such as the name, surname and e-mail address of the buyer. If the buyer does not agree with the processing of the data for marketing purposes, the buyer can express his disapproval at any time by sending a message to the seller's e-mail address to request a checkout or by clicking the link in the e-mail message. Personal data used for marketing purposes will not be disclosed to third parties nor will they be published.

Personal data may be transferred to third countries for the purpose of delivering marketing information - such country being the United States of America, which guarantees an adequate level of protection of personal data.

The buyer has the right to obtain from the seller a confirmation of what personal details of the buyer are processed in the seller's e-shop. The buyer has the right to access such data as well as information for what purpose they are processed, what categories of data are processed, to which personal data are provided, how long the personal data are stored, whether automated individual decision making, including profiling.

The first delivery of the above personal information to the buyer is free of charge. The re-provision of personal data requested by the buyer will be charged as an administrative fee of € 5.

The buyer may require the seller to correct or supplement incomplete personal data relating to the buyer. The buyer may request the deletion of his or her personal data or limit the processing of such data. The buyer may also object to the processing of personal data.

The processing of personal data by buyers is also necessary for the purposes of archiving (in order to fulfill the seller's obligation under Slovak legislation, for example, keeping the accounting documents for 10 years). If the buyer asks for the deletion of personal data processed in connection with the purchase contract, his claim may be rejected.

The buyer has the right to limit the processing of his or her personal data to the seller if the buyer objects to the accuracy of the personal data during the period allowing the seller to verify the accuracy of the personal data.

The buyer has the right to obtain personal data concerning him / her which he has provided to the seller in a structured, commonly used and machine-readable format. The buyer has the right to transfer these personal data to another operator if technically possible.

Buyers have the right to object if their personal data are processed for direct marketing purposes. It may also object if its personal data are processed for the purposes of the seller's legitimate interest.

The buyer, suspecting that his or her personal data is being unduly processed, may file a motion for personal data protection proceedings with the Personal Data Protection Office.

The above privacy notice also applies to pre-contractual relationships (i.e., registration in the e-shop for the purpose of future purchase or, for example, requesting a quote, quotation or product information and seller's services).

In order to ensure the proper functioning of the online store, the vendor may store small cookies on the buyer's device to store the activity data and settings (e.g., login name, language, font size, etc.) for a certain period of time. The vendor's Internet shop uses cookies to remember the user's buyer settings and for the necessary functionality of the online store or for marketing purposes. Buyers can delete all cookies stored on their devices and set up an Internet browser on their device to prevent them from being stored. In this case, the buyer may need to manually modify some settings during a repeated visit to the online store, and some Internet shop services or features may not be functional.

 

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