These business conditions are applied through our e-shop www.laggar.sk between the seller and the buyer according to Act no. 102/2014 Coll. to ensure the protection of consumers in respect of the sale of goods or the provision of services under a distance contract.
Seller Contact: Rudolf Koiš, Veľkomoravská 2164/30, 911 05 Trenčín. ID 47929880, Tax ID number 1087162153 VAT SK1087162153. Tel. 0903232413, e-mail: email@example.com. Registered in the Trade Register of the Trenčín District Office under no. 350-36574.
The buyer is the consumer, i. a natural person who, when concluding and performing a consumer contract, does not act within the scope of his/her business activity of employment or occupation. Purchases made by a business entity are governed by Commercial Code no. 513/1991 Coll.
The supervisory authority for consumer protection is the SOI Inspectorate for the Trenčín Region, Hurbanova 59, 911 01 Trenčín.
Order and conclusion of the contract
Sending a completed order to the buyer is considered a proposal to conclude a contract under a civil code based on the offer of the seller in the e-shop. The contract is concluded by confirming the order by the seller.
Cost of goods
All prices of products in the e-shop are final, including all taxes. The seller is not responsible to pay any tax on the items. The price of the product does not include delivery costs. These are listed at https://laggar.sk/faq/ and included in the shopping cart before completing the order. The buyer will be notified of the total cost of the order, including the cost of delivery of goods.
Payment of goods
The seller accepts payment for the ordered goods as listed on https://laggar.sk/faq/. It is the buyer’s obligation to pay for the order that is placed to the seller using the e-shop.
Supply of goods
If the delivery time is not specified for the product, the seller will deliver the goods to the buyer within 30 days at the latest.
The goods are considered to have been taken over by the buyer at the moment when the buyer or a third party designated by him/her (except the carrier) takes over all parts of the ordered goods, or if a) goods ordered by the buyer in one order are delivered separately, at the moment of taking over the last delivered goods; b) delivers the goods consisting of several parts or pieces, at the moment of taking over the last part or the last piece, c) delivers the goods repeatedly during a defined period at the moment of taking over the first delivered goods.
The seller is responsible for defects in the goods when taken over by the buyer. In the case of used items, the seller is not liable for defects caused by use or wear. In the case of items sold at a lower price, the seller is not liable for any defects for which the lower price was agreed upon by the buyer. If the goods are damaged or used, the seller is responsible for defects that occur after taking over the goods during the warranty period.
The warranty period for new items is 24 months, which starts as soon as from the order is received by the buyer. The warranty period for used items is 12 months. The warranty period for items made to order is 24 months.
The warranty card is issued at the request of the buyer. The buyer must have proof of purchase in order to file a complaint.
If the goods have a defect that can be removed, the defect will be fixed free of charge. The seller is obliged to fix the defect without further delay.
The buyer should not continue to use the defective item. If a defect is found after the item was purchased, the seller must be contacted immediately or at the latest before the warranty period expires. A complaint cannot be made after the warranty period expires.
The item cannot be considered defective if the material appears to be worn out or used. It is not a defect if its lifespan is shorter than the warranty period or if, with normal use, the item is completely worn out before the expiration of the warranty period.
Instead of eliminating the defect, the buyer may request an exchange of the item. The buyer may also choose to replace the part of the item that has the defect if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect. Instead of eliminating the defect, the seller can always replace the defective item with an undefective one only if it does not cause serious difficulties for the buyer. In the case of a defect which cannot be corrected, and prevents the item from being properly used, the buyer has the right to exchange the item or has the right to withdraw from the contract. The buyer has the same rights in the case of remediable defects. If there is a recurrence of the defect after repair or for a larger quantity of defects, the buyer is entitled to a reasonable discount on the price of the item.
Defective liability falls upon the seller, Rudolf Koiš at Brnianska 10, Trenčín 91105. The warranty card states the warranty service, which is in the place of the seller or the buyer, the buyer can exercise the right to request a repair of a defective item. The warranty service states that the repair must be completed within 30 days.
If the item is replaced, the warranty period begins from the receipt of the new item. The same applies if part of the item is replaced.
The complaint will be considered resolved once the repaired product has been handed over, the product is replaced, the product is refunded, a discount has been sent, or a written request to take delivery or a reasoned refusal is sent.
When making a complaint, the seller shall determine the method of handling the complaint immediately or in complex cases no later than 3 working days from the date of the complaint. In special cases, especially if a complex technical assessment of the product or service is required, the seller will reply no later than 30 days from the date of the complaint. After determining the method of handling the complaint, the complaint will be settled immediately. In special cases, the complaint can be settled later; however, the settlement of the complaint will take less than 30 days from the date of the complaint. The buyer has the right to withdraw from the contract or has the right to exchange the product for a new one after the expiration of the resolved complaint.
If the buyer has made a complaint about the product during the first 12 months from purchase, the seller can handle the complaint by rejection only based on professional judgment; regardless of the result of the professional assessment. It will not require the buyer to pay the costs of the professional assessment or other costs related to the professional assessment. The seller is obliged to provide the buyer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint. If the buyer has filed a complaint about the product 12 months after the purchase and the seller has rejected it, the seller shall state in the document on the handling of the complaint to whom the buyer can send the product to for a professional assessment. If the product is sent for an expert assessment to a designated person, the costs of the expert assessment, as well as all other related expediently incurred costs, shall be borne by the seller, regardless of the result of the expert assessment. If the buyer proves by a professional assessment the seller’s liability for the defect, he can file a complaint again. The warranty period cannot be applied during the professional assessment. The seller is obliged to reimburse the buyer within 14 days from the date of re-application of the complaint for all costs incurred for professional assessment, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.
The seller is obliged to issue a confirmation to the buyer when making a complaint. If the complaint is lodged by e-mail, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than with the proof of the complaint; The confirmation of the claim need not be delivered if the buyer has the opportunity to prove the claim in another way.
Return Policy – withdrawal from the contract without giving a reason
The buyer is entitled to withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods. Only the consumer can exercise this right.
The goods are considered to have been taken over by the buyer at the moment when the buyer or a third party designated by him/her, with the exception of the carrier, takes over all parts of the ordered goods, or if a) goods ordered by the buyer in one order are delivered separately at the moment of taking over the last shipment of goods consisting of several parts or pieces, at the moment of taking over the last part or the last piece, c) delivers the goods repeatedly during a defined period, at the moment of taking over the first delivered goods.
The buyer may withdraw from the contract, the recipient of goods, before the withdrawal period begins as stated in the contract.
The buyer may not withdraw from the contract, based off the following:
- Sale of goods made according to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer,
- The sale of goods enclosed in protective packaging which cannot be returned for health or hygienic reasons and whose protective packaging have not been broken after delivery.
The buyer may exercise the right to withdraw from the contract in writing or on another durable medium (eg by e-mail), or by sending a completed form, which is available on the form of a withdrawal from the contract.
The right to withdraw from the contract can be exercised by sending a notice of withdrawal from the contract on the last day of the 14-day period.
Upon delivery of the notice of withdrawal, the seller shall return all payments received from him under or in connection with the contract, including transport, delivery and postage and other costs and fees to the buyer within 14 days. The seller must use the same method of payment to refund the buyer. The buyer and seller can agree on another refund method.
The seller is not obliged to reimburse the buyer for additional costs if the buyer has explicitly chosen a different method of delivery than the cheapest standard method of delivery offered by the seller. Additional costs are the difference between the delivery costs chosen by the buyer and the costs of the cheapest standard delivery method offered by the seller.
Upon withdrawal from the contract, the seller is not obligated to return the payment to the buyer before the goods are delivered to him/her or until the buyer proves the return of the goods to the seller. An agreement can be reached for the seller to pick up the goods in person or through a person authorized by the seller.
The buyer is obliged to send the goods back to the seller or to a third party authorized by the seller to take over the goods no later than 14 days from the date of withdrawal from the contract. The goods must be retained no later than the last day of the deadline.
The buyer is responsible for the shipping cost of the goods to the seller or to a third party authorized by the seller to take over the goods upon withdrawal of the contract. The buyer must also arrange transportation of the return if they cannot be returned by mail.
The buyer is responsible for any damaged goods which occurred during shipping and handling that are beyond the scope of repair.
Once the goods are delivered, the buyer can test the functionality of the product. However, if the buyer decides to withdraw from the contract, the goods cannot be used. The consumer should only handle and inspect the goods’ functionality in a stockroom if possible. The buyer is required to handle and inspect the goods carefully during the return period. For example, the buyer should only try on the purchased clothing, but should not wear it daily. The buyer should return the goods with the original tags or protective packaging.
Alternative dispute resolution
The buyer (consumer) has the right to contact the seller with a request for alterations or corrections (for example via e-mail) if the consumer is not satisfied with the way in which the seller handled his/her complaint. The consumer can also contact the seller if he/she believes that the seller has violated his/her consumer rights. If the seller responds to this request negatively or does not respond within 30 days of its dispatch, the consumer has the right to file a motion to initiate an alternative dispute resolution (ADR entity) under Act 391/2015 Coll. ARS subjects are bodies and authorized legal entities according to §3 of Act 391/2015 Coll. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk. The consumer may submit the proposal in the manner of a specified pursuant to §12 under Act 391/2015 Coll.
The consumer can also submit a complaint through the RSO alternative dispute resolution platform, which is available online at https://ec.europa.eu/consumers/odr/main/index.cfm.
An alternative dispute resolution can only be submitted by a consumer, which is a person who is not acting on behalf of his/her business, employment or profession when concluding and fulfilling a consumer contract. An alternative dispute resolution only applies to a dispute between a consumer and a seller arising out of or in connection to a consumer contract. An alternative dispute resolution only applies to contracts not conducted face to face. An alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed 20 EUR. The ADR entity may require the consumer to pay a fee for initiating ADR up to a maximum of 5 EUR including VAT.
Personal data is used to fulfill a consumer contract, which the seller discloses to the buyer when an order is placed through the online store. This consumer contract also provides the legal basis of the buyer’s personal data. The provision of the buyer’s personal data is a contractual requirement that is necessary for the conclusion of the contract. Provision of personal data is a condition for purchase in the seller’s e-shop. If the buyer fails to provide all required personal data to the seller, the purchase can be declined.
When processing personal data, the seller is in accordance with Act no. 18/2018 on the protection of personal data and processes which only involves personal data necessary for the conclusion of a consumer contract.
The seller processes the buyer’s personal data.
The buyer’s personal data is stored in the seller’s information system for a period of 10 years.
The buyer has the right and opportunity to update personal data online on the website in the customer section, after logging in, or in another form i.e. email.
Personal data may be provided to third parties – delivery companies (couriers) and the company that processes the accounting documents for the purposes of fulfilling the consumer contract.
The buyer’s personal data is not disclosed.
The seller may process personal data for marketing purposes (for example, to send a newsletter or e-mails about news, discounts, promotions, etc.) without the prior consent of the buyer. The seller provides the necessary data, which includes the buyer’s name, surname and e-mail address. If the buyer does not agree with the processing of data for marketing purposes, the buyer can send an email to the seller requesting to unsubscribe from the newsletter or by clicking on the link provided in the e-mail message. Personal data used for marketing purposes will not be provided to third parties nor will it be disclosed.
The buyer has the right to obtain from the seller what personal data is processed on the seller’s e-shop. The buyer has the right to access the data as well as other information such as why is their info being processed, what categories of data are processed, whom is their personal data being provided to, how long is their personal data being stored, and if there is automated individual decision-making, including profiling.
The first request of personal data as stated previously to the buyer is free of charge. Repeated provision of personal data requested by the buyer will be charged an administrative fee of € 5.
The buyer may request the seller to correct or supplement incomplete personal data concerning the buyer. The buyer may request their personal data or restrictions on the processing of such data to be deleted. The buyer may also object to process personal data.
Processing the buyer’s personal data is also necessary for the purposes of archiving (to meet the seller’s obligations under Slovak law, such as keeping accounting documents for 10 years). If the buyer’s personal data is in connection to the purchase contract and wants the data to be deleted, the request may be rejected.
The buyer has the right to provided limited personal data to the seller, if the buyer objects to the accuracy of personal data. The seller will be given a timeframe to verify the accuracy of the personal data.
The buyer has the right to obtain personal data pertaining to him/her which the seller was provided in a commonly used, machine-readable format. The buyer has the right to transfer this personal data into another format, if possible.
The buyer has the right to object if his/her personal data is being used for direct marketing purposes. The buyer may also object if his/her personal data is being used to benefit the interest of the seller.
If the buyer suspects that their personal data is being processed unjustifiably, they may submit a proposal to the Office for Personal Data Protection to initiate proceedings on personal data protection.
The above information on personal data protection also applies to pre-contractual relationships (i.e. registration to the e-shop for the purpose of future purchases, requesting an inquiry, price offers or information about the goods and services of the seller).