General Terms and Conditions

HomeGeneral Terms and Conditions

Terms

These General Terms and Conditions (hereinafter referred to as the GTC) govern the relationship between EAST WEST Trading sro (hereinafter referred to as the Seller) and its business partners (hereinafter referred to as the Buyer), the buyer and the seller, in the field of the sale of goods.

  1. General provisions

1.1. These General Terms and Conditions (hereinafter referred to as the “General Terms and Conditions”) govern the rights and obligations of the contracting parties, which are the seller, EAST WEST Trading sro, with registered office at Lermontovova 3, 811 05. Bratislava, Company ID: 56 390 211, tax identification number: S2122291358K, entered in the Register of Companies kept by the 3rd Municipal Court in Bratislava (hereinafter referred to as the Seller), and the buyer – consumer, the subject of which is the sale of goods available on the Seller’s website.

Seller contact details:

 

email: hello@microwatchmarket.sk

phone: +421

 

mail address:

EAST WEST Trading sro. Lermontovova 3. 811 05 Bratislava

 

Cashless payment account number:

VUB bank: 1338134019/1111

IBAN: SK5502000000005075954055

BIC (SWIFT): SUBASKBX

Supervisory authority:

Slovak Trade Supervision (SOI)

SOI Inspectorate of the Bratislava Region

Bajkalská 21/A, POBOX 29, 827 99 Bratislava

Department of Technical Product Control and Consumer Protection

telephone number: 02/ 58272 172-3

fax number: 02/ 58272 170 e-mail: ba@soi.sk

 

1.2. For the purposes of this section of the General Terms and Conditions, the buyer is considered a consumer.

1.3. For the purposes of these General Terms and Conditions, a consumer is a natural person who, when concluding and performing the purchase contract, is not acting within the scope of his/her business activity, employment or profession.

1.4. Purchase Agreement – ​​Each presentation of goods placed on the web interface of the store is for informational purposes only and the seller is not obliged to conclude a purchase agreement for these goods. The purchase agreement is not concluded when the buyer sends an order to the seller. The purchase agreement is concluded when the seller confirms the buyer’s order. From this moment on, mutual rights and obligations arise between the buyer and the seller, which are determined by the terms and conditions that are an integral part of the purchase agreement and this contract. The conclusion of a purchase agreement without the agreed requirements specified in the Civil Code is excluded.

1.5. The buyer, as a consumer, provides his name, surname, address, telephone number and email address when placing an order.

1.6. The contracting parties have agreed that by sending an order to the seller, the buyer declares that he accepts that these general terms and conditions and their terms apply to all sales contracts concluded on any e-commerce website operated by the seller, under which the seller delivers the goods presented on the website in question to the buyer (hereinafter referred to as the seller and the sales contract). contract and request for goods.

1.7. The General Terms and Conditions are an integral part of the sales contract. In the event that the seller and the buyer conclude a written sales contract in which they agree on conditions that differ from the general terms and conditions, the provisions of the sales contract shall take precedence over the general terms and conditions.

1.8. The list of goods on any e-commerce website operated by the Seller is a catalogue of generally supplied goods and the Seller does not guarantee the immediate availability of all listed goods. The availability of the goods will be confirmed to the Buyer upon request by the Buyer.

  1. Method of concluding a purchase contract

2.1. The purchase contract is concluded by the Seller’s binding acceptance of the Buyer’s proposal to conclude a purchase contract in the form of an e-mail message sent by the Buyer to the Seller and/or in the form of a form completed and sent by the Buyer on the Seller’s website and/or in the form of a telephone order sent by the Buyer to the Seller (hereinafter referred to as the “Order”).

2.2. The binding acceptance of the buyer’s order by the seller is the seller’s confirmation of the acceptance of the order sent to the buyer by e-mail, after the buyer has previously accepted the order and after checking the availability of the goods, the valid prices and the delivery date of the goods requested by the buyer, with the marking “order confirmation”. In the event of a higher price, the seller is obliged to request the buyer’s consent to the price change according to the current price list before confirming the order. The contractual relationship is only considered concluded if the buyer consents to the price change and the order is confirmed (accepted) by the seller. All prices of goods and services in the online store and all fees are listed including VAT. It is not considered the binding acceptance of an order is the Notification of receipt of the Order automatically executed in the Seller’s electronic system, which the Buyer receives to his e-mail address immediately after sending his order; This notification is for informational purposes only and informs the Buyer of the receipt of the order. If necessary, any additional information regarding the order will be sent to the Buyer’s e-mail address.

2.3. The binding acceptance of the order includes, in particular, data on the name and specification of the goods that are the subject of the purchase and sale contract, data on the price of the goods and/or other services, data on the delivery time of the goods, the name and data of the place of delivery of the goods, as well as data on the price, conditions, method and date of delivery of the goods to the agreed seller’s location, data on the Buyer’s place of registration (commercial register, etc.), or other data.

2.4. The buyer may notify the seller of the cancellation of the order by e-mail or telephone within 24 hours of receiving the order. The buyer must provide his name, e-mail address and a description of the ordered goods in the notification of the cancellation of the order. In the event of cancellation of the order, the seller will not charge the buyer a fee related to the cancellation of the order. If the buyer has paid the purchase price or part thereof to the seller before the cancellation of the order, the seller will refund the already paid purchase price or part thereof by transfer to the buyer’s bank account within 14 days of the cancellation of the order, unless the contracting parties agree on another method of refunding the purchase price.

 

2.5. as amended by Act No. 222/2004 on Value Added Tax. 2013. cannot be used to modify the data on an already issued tax receipt (invoice). The data on the tax receipt (invoice) may only be modified if the buyer has not yet received and paid for the goods.

2.6. In the event of ongoing promotions, the sale of goods on the seller’s website is subject to the binding terms of the given promotion in addition to these general terms and conditions. If the buyer orders goods in violation of the terms and conditions of the given promotion, the seller is entitled to cancel the buyer’s order. The buyer will be notified of the cancellation of the order by e-mail, and in the event of payment of the purchase price or part thereof, the amount will be returned to the account specified by the buyer within 14 days, unless otherwise agreed with the seller.

  1. Rights and obligations of the seller

3.1. The seller is obliged to:

  1. deliver the goods to the buyer in the agreed quantity, quality and time frame based on the order confirmed by the seller, package them in a manner necessary for their preservation and protection or prepare them for transport,
  2. ensure that the delivered goods comply with the applicable legal requirements of the Slovak Republi
  3. at the latest together with the goods, hand over to the buyer in writing or electronically all documents necessary for the receipt and use of the goods, as well as other documents required by applicable law (instructions in Slovak, tax receipt).

3.2. The seller has the right to demand the buyer to pay the purchase price of the ordered goods in a timely manner.

3.3. The seller has the right to cancel the order if the goods cannot be delivered to the buyer within the time limit specified in these terms and conditions or at the price indicated in the online store due to the lack of stock or unavailability of the goods, unless a substitute performance is agreed with the buyer. The buyer will be notified of the cancellation of the order by phone or e-mail, and in the event of payment of the purchase price or part thereof, the amount will be returned to the account specified by the buyer within 14 days, unless otherwise agreed with the seller.

  1. Buyer’s rights and obligations

4.1. The buyer is obliged to:

  1. accept the purchased or ordered goods,
  2. pay the agreed purchase price to the seller within the agreed deadline, including the costs of transporting the goods,
  3. not to damage the seller’s good business reputation,
  4. confirm the receipt of the goods by signing the delivery note or by signing it with the signature of a person authorized by you

4.2. The buyer has the right to deliver the goods in the quantity, quality, time and place in which the contracting parties agreed upon the binding acceptance of the order.

  1. Delivery and payment terms

5.1. The goods are sold according to the samples, catalogs, type sheets and sample books displayed on the seller’s e-commerce website.

5.2. The Seller shall be obliged to fulfil the Buyer’s order and deliver the goods to the Buyer within 30 days from the date of acceptance of the Buyer’s order by the Seller; The Buyer accepts this delivery deadline without reservation, unless otherwise agreed.

5.3. The Buyer shall be obliged to take delivery of the goods at the place specified by the Seller in the acceptance of the Buyer’s order. If the Buyer fails to take delivery of the goods within five working days after the expiry of the deadline specified in the sales contract without prior written withdrawal from the contract, the Seller shall be entitled to compensation for the damage incurred in the attempt to deliver the order unsuccessfully. After the expiry of five working days from the date on which the Buyer was obliged to take delivery of the goods, the Seller shall be entitled to withdraw from the sales contract and sell the goods to a third party.

5.4. The seller is entitled to request the buyer to accept the goods before the expiry of the period specified in the purchase contract.

5.5. The weight, dimensions and other information about the goods in the seller’s catalogs, brochures and other documents provided by the manufacturer may differ from reality by ± 3% of the specified value.

5.6. The place of delivery of the goods is the place indicated by the seller in the acceptance of the order, unless the contracting parties agree otherwise in the purchase contract.

5.7. If the seller transfers the goods to the buyer at the place specified by the buyer in the purchase contract, the buyer is obliged to accept the goods in person or arrange for the goods to be accepted by a person authorized by him to accept the goods specified in the purchase contract in his absence, and sign the protocol on the transfer and handover of the goods. A third party entitled to receive the goods specified in the sales contract is obliged to submit to the seller the original or a copy of the sales contract and a document confirming payment for the goods, as well as a written authorization. If the buyer is absent from the place specified in the sales contract and it is necessary to repeat the delivery of the goods, all costs incurred shall be borne by the buyer, in particular the cost of re-delivery of the goods to the destination specified in the sales contract. The goods shall be deemed to have been received in accordance with point 10.2. these general terms and conditions.

5.8. The buyer is obliged to check the shipment, i.e. the goods, as well as their packaging immediately after delivery. If the buyer notices that the goods or the packaging of the goods have suffered mechanical damage, he is obliged to notify the carrier of this and check the condition of the goods in his presence. If damage to the goods is discovered upon receipt by the buyer, the buyer is obliged to immediately draw up a report on the extent and nature of the damage to the goods (damage report), the accuracy of which is certified by the carrier. Based on the report prepared in this way and handed over to the seller, the seller, after concluding the damage event with the carrier, may ensure the elimination of the shortage of goods, a discount on the goods, and in the event of irreparable defects in the goods, may deliver new goods to the buyer.

5.9. When delivering a shipment by Slovak Post, if you find broken or damaged packaging, damage resulting in loss of contents, we recommend that you do not accept the shipment or resolve the matter directly with the employee of the shipping company or with the employee working on site at the counter of the given post office by noting the damage. In case of receipt and discovery of broken or damaged packaging, damage resulting in loss of contents, please report this event no later than 24 hours. from receipt of the shipment at any branch of the Slovak Post. To write a damage report, you need the damaged product, the packaging of the shipment, as well as a certificate of receipt of the shipment, as well as a certificate of purchase – invoice. You can find the nearest Slovak post office here: otvaraciehodiny.posta.sk . You can notify any branch of the Slovak Post about the report and writing a damage report. The seller must also be notified of the damage event by email at hello@microwatchmarket.sk!

5.10. Complaints regarding mechanical damage to the product that is not apparent upon receipt of the shipment must be submitted immediately after receipt of the shipment, but no later than 24 hours after receipt of the goods. The buyer is obliged to prove that the mechanical damage did not occur even after a thorough inspection of the product and its packaging in accordance with point 5.8. discovered. We are no longer able to accept subsequent complaints regarding mechanical damage to the product. Before first use, the buyer is obliged to study the warranty conditions, including the Slovak/Czech/English user manual, and then carefully follow this information.

5.11. The buyer is obliged to check the integrity of the packaging upon receipt of the product. In the case of delivery by courier, the buyer must report the damage on site. Upon receipt of the package in person, the buyer is obliged to check the contents of the package immediately, we will not accept any further complaints.

5.12. The buyer is entitled to withdraw from the purchase contract in the event that the seller does not deliver the goods within the deadline specified in point 5.3. and the seller is obliged to return to the buyer the part of the purchase price already paid in accordance with point 10.8. these general terms and conditions.

5.13. The buyer will receive an invoice for each shipment by e-mail. Where a warranty card is required, it is included in the package.

5.14. The delivery methods and delivery prices are included in the “check out” procedure

5.15. Payment in advance by bank transfer. With a classic bank transfer, we will automatically send you the invoice number and the variable order code by e-mail. After the payment has been credited to our account, you will receive a tax receipt to the same e-mail address. In case of advance payment by bank transfer, the delivery date may be affected by the date of payment. It is necessary that the amount is credited to our account no later than five working days after the order confirmation, otherwise the order may be considered cancelled.

5.16. Payment of the purchase price can also be made by bank card. In this case, the guidelines of the “check out” procedure must be followed. A third party is authorized to process bank card data and make payment transactions. The seller does not collect or store the buyer’s bank card data.

 

  1. Purchase price

 

6.1. If the buyer pays the purchase price to the seller by bank transfer, the date of payment shall be considered the day on which the full purchase price was credited to the seller’s account.

6.2. If the buyer pays the seller the purchase price of the goods specified in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand a refund of the purchase price only in accordance with the applicable legislation of the Slovak Republic.

 

  1. Acquisition of ownership and transfer of risk of damage to the goods

7.1. The buyer acquires ownership of the goods only after full payment of the full purchase price of the goods.

7.2. The risk of damage to the goods passes to the buyer upon receipt of the goods from the seller.

 

  1. Complaints procedure (liability for defects, warranty, complaints)

8.1. The seller is liable for defects in the goods, and the buyer is obliged to immediately file a complaint with the seller in accordance with the applicable complaints procedure.

8.2. Complaints are handled in accordance with the valid Complaints Procedure published on the Seller’s website www.microwatchmarket.sk. By checking the box before sending the order to the Seller, the Buyer confirms that he has read the Complaints Procedure and fully agrees with it, and also confirms that he has been properly informed about the conditions and methods of claiming for goods, including information about the place of complaint and the proper implementation of the provisions of warranty repairs. Section 18, para. 1. -a. Act. 250/2007 Coll. from. Act on Consumer Protection and Act of the Slovak National Council No. 1. 372/1990 Coll., as amended (hereinafter referred to as the Act).

8.3. The complaints procedure applies to goods purchased by the Buyer from the Seller in the form of e-commerce on the Seller’s e-commerce website.

8.4. The complaint procedure in this form applies to all business cases, unless other warranty conditions are agreed in the contract.

8.5. The buyer is only entitled to assert a warranty claim against the seller for goods that show defects caused by the manufacturer, supplier or seller, are covered by a warranty and were purchased from the seller.

8.6. The buyer is obliged to inspect the goods upon receipt. In the event of failure to do so, he may only assert a claim for defects revealed during the inspection if he proves that he already had these defects when he received the goods.

8.7. The buyer is entitled to free repair of the defect during the warranty period, after handing over the goods, including accessories, documentation and instructions, together with the warranty card and proof of payment, to the seller’s authorized representative.

8.8. If the goods are defective, the buyer is entitled to file a complaint with the seller pursuant to Section 18, Section 2 of the Act.

  1. In all cases, the buyer must report the defect to the seller’s electronic contact at hello@microwatchmarket.sk.
  2. The elimination of the defect is primarily the responsibility of the warranty service. The seller will inform the buyer in writing about its availability
  3. The buyer is responsible for delivering the defective product to the service
  4. The delivery of the defective product to the service may only be done by courier or postal service if this has been agreed upon in advance by the buyer and the seller. In such cases, the shipping costs are borne by the buyer.

8.9. The buyer is obliged to report defects in the goods to the seller without undue delay, otherwise the buyer loses the right to have the defect remedied free of charge by the seller.

8.10. The seller or a designated person shall make a claim for the goods in a form chosen by the seller, e.g. by e-mail or in writing, in which he shall indicate the defects in the goods in accordance with the provisions of Section 18, paragraph 5 of the Act, and inform the consumer of his rights arising from the provisions of Section 622 and Section 623 of the Regulation. If the claim is made by means of telecommunications, the seller shall immediately provide the buyer with confirmation of the claim; if immediate delivery of the confirmation is not possible, it shall be delivered without undue delay, but at the latest together with the proof of the claim; Proof of claim does not need to be delivered if the buyer has the opportunity to prove the claim in another way.

8.11. Based on the buyer’s decision, the seller or the designated person is obliged to determine the method of handling the complaint in accordance with the provisions of Section 622 and Section 623 of the Civil Code, which are applicable to his rights. According to Section 2, point m), immediately, in more complex cases within 3 days from the initiation of the complaint procedure, in justified cases, especially if a complex technical condition assessment of the goods is required, no later than 30 days from the initiation of the complaint procedure. After determining the method of handling the complaint, the seller or the designated person shall handle the complaint immediately, in justified cases, the complaint may also be handled later. However, the processing of the complaint may not last longer than 30 days from the submission of the complaint. After the expiry of the complaint handling period, the consumer has the right to withdraw from the contract or to exchange the goods for new goods. The seller shall inform the buyer of the completion of the complaint procedure and the outcome of the complaint in a form agreed upon by the two parties (by e-mail and registered letter), and shall simultaneously deliver a complaint report to the buyer together with the goods. If the buyer has made a complaint regarding the goods within the first 12 months from the conclusion of the sales contract, the seller shall reject the complaint only if it is based on an expert opinion or the opinion of a person authorized, notified or accredited to do so, or an appointed person (hereinafter referred to as: expert assessment of the goods). Regardless of the result of the expert assessment, the seller may not claim from the buyer the costs of the expert assessment of the goods or other costs related to the expert assessment of the goods.

If the buyer has made a product complaint after 12 months from the conclusion of the purchase contract and the seller has rejected it, the person handling the complaint is obliged to indicate in the complaint handling document to whom the buyer can send the goods for professional assessment. If the Buyer sends the goods for professional assessment to the person specified in the complaint settlement document, the costs of the professional assessment of the goods and all reasonable costs incurred in this regard shall be borne by the seller, regardless of the result of the professional assessment. If the Buyer proves through a professional assessment that the seller is responsible for the claimed defect in the goods, he may re-validate his complaint; The warranty period does not expire during the professional evaluation of the goods. The seller is obliged to reimburse the buyer for all costs incurred in connection with the professional evaluation of the goods and all costs incurred in connection with this within 14 days of the submission of the new complaint. The resubmitted claim cannot be rejected.

8.12. The buyer is not entitled to a warranty claim for defects that the seller notified him of when concluding the contract or that he should have known about taking into account the circumstances of concluding the sales contract.

8.13. The seller may always replace the defective product with a defect-free one instead of removing the defect, if this does not cause serious inconvenience to the buyer.

8.14. The buyer’s warranty claim against the seller expires:

  1. failure to present the payment receipt, delivery note or warranty card, accessories or documentation for the goods,
  2. failure to report obvious defects upon receipt of the goods,
  3. upon expiry of the warranty period for the goods,
  4. mechanical damage caused to the goods by the buyer,
  5. use of the goods in conditions that do not correspond to the natural environment in terms of humidity, chemical and mechanical effects,
  6. improper handling, servicing or neglect of care of the goods,
  7. damage to the goods due to excessive loading or use contrary to the conditions specified in the documentation, general principles, technical standards or safety regulations valid in the Slovak Republic,
  8. damage to the goods due to unavoidable and/or unforeseeable events,
  9. accidental destruction of the goods and accidental damage due to deterioration,
  10. unprofessional intervention, damage during transport, damage caused by water, fire, static or atmospheric electricity or other force majeure,
  11. interference with the goods by an unauthorized person.

8.15. The warranty does not cover normal wear and tear of the product (or its parts) resulting from use. A shorter service life of the product is therefore not considered a defect and cannot be enforced.

8.16. In the event that the goods do not comply with the purchase contract upon receipt by the buyer (so-called deviation from the purchase contract), the buyer is entitled to have the seller bring the goods into conformity with the purchase contract free of charge and without undue delay, at the buyer’s request, either by replacing the goods or by repairing them. If such a procedure is not possible, the buyer may request a reasonable discount on the price of the goods or withdraw from the contract. This does not apply if the buyer knew about the breach of the purchase contract before receipt of the goods or caused the breach of the purchase contract himself. A discrepancy with the purchase contract that becomes apparent within six months of receipt of the goods is considered to be a discrepancy that already existed at the time of receipt, unless this is contrary to the nature of the goods or the contrary is not proven. In the event of a discrepancy between the goods and the contract, the consumer is entitled to organize the so-called remedy, namely:

  • bringing the consumer good into conformity with the contract, repairing it free of charge
  • reasonably reducing the purchase price
  • delivering replacement goods
  • withdrawing from the contract

8.17. The seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:

  1. by handing over the repaired goods,
  2. by exchanging the goods,
  3. by refunding the purchase price of the goods,
  4. by paying an appropriate discount on the price of the goods,
  5. by a written request to accept the performance specified by the seller,
  6. by a reasoned rejection of the complaint regarding the goods.

8.18. The seller is obliged to issue a written document to the buyer within 30 days of submitting the complaint by post or via a courier service or delivery service provider on the method of handling the complaint and on the handling of the complaint.

8.19. The warranty period is 24 months (unless a different warranty period is specified for specific cases) and begins on the day of receipt of the goods by the buyer.

8.20. The warranty period is extended by the period during which the buyer was unable to use the goods due to warranty repair of the goods.

8.21. In the event of exchanging goods for new goods, the buyer will receive a document on the exchanged goods, and further complaints must be made on the basis of the original delivery note and this complaint document. In the event of exchanging goods for new goods, the warranty period starts again from the date of receipt of the new goods, but only for the new goods.

8.22. First of all, the consumer may request the seller to repair the consumer goods free of charge or to replace them free of charge. The buyer is only entitled to replace the goods if this is not disproportionate to the nature of the defect. The official service center decides on the proportionality of the defect by means of a written assessment of the defect. Based on this decision, further steps are taken in accordance with the law.

8.23. All warranty repairs are free of charge if the warranty claim has not expired by the time of the claim in accordance with clause 8.14 of these general terms and conditions.

8.24. In the event of a repairable defect, the complaint will be handled depending on the buyer’s decision in accordance with clause 8.11 of these general terms and conditions of sale in the following way:

  1. the seller will ensure that the defect is eliminated, or
  2. the seller will replace the defective goods.

8.25. In the event of a non-removable defect, or a single, multiple, removable defect, or a larger number of different removable defects that prevent the fault-free use of the goods, the seller is obliged, at the buyer’s discretion, to remedy the defect in accordance with clause 8.11. these terms and conditions of sale, a complaint in the following manner:

  1. by replacing the goods with other functional goods with the same or better technical parameters, or
  2. If the seller is unable to replace the goods with another, the complaint is handled by issuing a credit note for the defective goods.

8.26. The handling of the complaint applies only to the defects listed on the complaint form.

8.27. For the purposes of the complaint, a reparable defect is considered to occur more than twice if it occurs more than once.

8.28. For the purposes of the complaint, a large number of different reparable defects is considered to occur more than three different reparable defects at the same time.

8.29. For the purposes of a complaint, the period during which the buyer cannot use the goods as intended due to a defect after the conclusion of the sales contract is considered to be a period exceeding 180 days in total.

8.30. The buyer may assert a claim due to a defect in the goods after exercising his right and calling on the seller to eliminate the defect in the goods as set out in point 8.8. based on the provisions of point, exhausted, and regardless of the outcome of the complaint, he is no longer entitled to file a complaint again due to the same individual (not the same type) defect.

8.31. If the seller terminates the complaint procedure as a justified rejection of the complaint, but the defect in the product objectively exists and has not been eliminated, the buyer may exercise his right to eliminate the defect in the goods through the court.

8.32. The consumer has the right to file a complaint with the seller if he is not satisfied with the way the seller has handled his complaint or believes that the seller has violated his rights. If the seller responds negatively to this request or does not respond within 30 days of sending it, the consumer has the right to submit a proposal to initiate alternative dispute resolution pursuant to Act No. 391/2015. Only a consumer – a natural person – who, when concluding and performing a consumer contract, is acting outside the scope of his business, work or profession may use alternative dispute resolution pursuant to Section 12 of the Act. Alternative dispute resolution applies only to disputes between the consumer and the seller arising from or related to a consumer contract. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. For initiating alternative dispute resolution, the ADR organization may request the consumer to pay a fee of up to EUR 5 including VAT.

Further information: https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov/formular-pre-podanie-navrhu-na-zacatie-ars.soi

 

  1. Personal data and their protection

9.1. The contracting parties have agreed that the buyer, if he is a natural person, shall provide the seller with his first and last name, permanent address, including postal code, telephone number and e-mail address. If the seller also processes other personal data of the buyers, he processes them to the extent necessary to fulfill his obligations arising from the purchase contract. The buyer voluntarily provides the seller with personal data for the purpose of fulfilling his obligations arising from the purchase contract and maintaining further contact with him. Without their provision, the seller cannot properly perform the contract concluded with the buyer, therefore it cannot be concluded with the buyer. The purpose of processing this personal data is to issue tax receipts, pre-contractual contacts, identify the buyer, confirm the order by phone or e-mail, deliver goods, implement loyalty programs, carry out marketing activities, and provide information about promotions, new products, and discounts.

9.2. The Seller processes the personal data of the data subjects for the purposes of loyalty programs and for marketing purposes with the consent of the data subject in accordance with Section 11 of the Act. No. 122/2013. on the protection of personal data, as amended by subsequent legislation. The data subject consents to the processing of his or her personal data when ordering goods through the www.timestore.sk web store or in another appropriate manner.

9.3. By sending an order to the seller, the buyer solemnly declares that he or she gives his or her consent as set out in Section 11, Paragraph 1 of the Act. amended the Personal Data Protection Act (hereinafter referred to as the Data Protection Act) to process and store the personal data of the seller, in particular the personal data listed above and/or those necessary for the seller’s activities, and to process them in all its information systems. The seller processes these personal data for a period of 24 months, unless otherwise provided by law. The buyer also solemnly declares that he consents to the processing of his personal data

for the processing of personal data, as well as for the transfer of personal data to the Slovak Republic, as a member state of the European Union, to intermediaries for the purpose of recording sales contracts, invoices and other documents concluded between the seller and the buyer, recording for marketing purposes, and providing delivery services for the purchased goods. The Seller is entitled to provide personal data processed with the consent of the data subject for the above-mentioned purposes in order to improve the quality of goods and services and increase customer satisfaction. The Seller undertakes to process and dispose of the Buyer’s personal data in accordance with the applicable legislation of the Slovak Republic. The Seller processes the Buyer’s personal data only for the period necessary to fulfill its obligations arising from the contract and generally binding legal acts. After fulfilling the purpose of data processing, the Seller shall immediately ensure the destruction of the Buyer’s personal data in accordance with point. § 17 para. 1 ZnOOÚ. The Buyer may withdraw his consent to the processing of personal data at any time in writing. The consent expires within 1 month from the date of delivery of the withdrawal of consent by the buyer to the seller, after which the data will be deleted. The Seller will not disclose personal data to third parties, unless this is necessary for the performance of obligations arising from the purchase contract. The buyer acknowledges that his personal data will be made available or transferred to third parties (e.g. carriers) for the performance of his obligations arising from the purchase contract.

9.4. The Seller declares that in accordance with the provisions of § 6 para. 2 letter. c) ZnOOÚ collects personal data exclusively for the purposes specified in points 9.1., 9.2. and 9.3. these conditions.

9.5. The Seller declares that in accordance with the provisions of § 6 para. 2 letter. e) ZnOOÚ ensures that personal data is processed and used exclusively in a manner consistent with the purpose of their collection.

9.6. The Seller declares that Section 6 (2) letter 2. i) The Data Controller processes personal data in accordance with good morals and acts in a manner that does not conflict with the Data Controller or other generally binding legal acts and does not circumvent them.

9.7. The Buyer has the right to demand from the Seller, upon written request,

  1. confirmation of whether or not personal data concerning him are being processed,
  2. information in a generally understandable form about the processing of personal data in the information system to the extent of:
  3. a) identification data of the Seller and the Seller’s agent,
  4. b) identification data of the intermediary; This does not apply if the Seller does not act in accordance with Section 8 of the Personal Data Protection Act when obtaining personal data,
  5. c) the purpose of the processing of personal data,
  6. d) a list of personal data pursuant to Section 10 (1) or the scope of personal data. 4., the first sentence of ZnOOÚ and
  7. e) additional information that is necessary, taking into account all the circumstances and conditions of the processing of personal data, to ensure the rights and legally protected interests of the buyer, in particular to the extent that: – information on the voluntariness or obligation of providing the requested personal data; If the seller obtains the buyer’s personal data based on the buyer’s consent pursuant to Section 11 of the Personal Data Protection Act, he is also obliged to inform the buyer of the validity period of the consent, and if the buyer’s obligation to provide personal data arises from a directly enforceable legal act of the European Union, an international treaty under which the buyer or the Slovak Republic does not oblige the seller or the Slovak Republic, and informs him of the consequences of refusing to provide personal data,

– third parties, if it is presumed or obvious that personal data will be transferred to them, –

the circle of recipients, if it is presumed or obvious that personal data will be made available to them,

– the method of publication, if personal data are intended to be made public,

– third countries, if it is presumed or obvious that personal data will be transferred to these countries,

9.8. When issuing a decision pursuant to Section 9.11. Based on these General Terms and Conditions, the buyer has the right to familiarize himself with the processing and evaluation procedure of the operations,

  1. precise information in a generally understandable form about the source from which his personal data was obtained for the purpose of processing,
  2. a list of his personal data subject to processing in a generally understandable form,
  3. correction or destruction of his incorrect, incomplete or outdated personal data that are the subject of data processing,
  4. destruction of his personal data, the purpose of which has ceased to be the subject of data processing; if the subject of data processing is an official document containing personal data, he may request their return,
  5. destruction of his personal data that are the subject of data processing, if a violation of the law has occurred,
  6. blocking of his personal data due to the withdrawal of consent before its expiration date, if the seller processes personal data based on the buyer’s consent.

9.9. The buyer is entitled to the rights set out in 9.7. Sections 5 and 6 of these General Terms and Conditions may only be restricted if such restriction results from a separate legal regulation or if its application would infringe the protection of the buyer or the rights and freedoms of other persons.

9.10. The buyer may object to the seller upon a free written request

  1. the processing of his personal data which he assumes are or will be processed for direct marketing purposes without his consent and request their destruction,
  2. the use of the buyer’s address, first name, last name and address for direct marketing purposes by post, or
  3. providing the address, first name, last name and address of the buyer for direct marketing purposes.

9.11. The Buyer has the right to object to the processing of his personal data at any time to the Seller, upon written request or in person, if the matter cannot be postponed, in the cases referred to in Section 10(1). 3 letter. by indicating legitimate grounds pursuant to points a), e), f) or g) of the GDPR or by providing evidence that such processing of personal data in a specific case results in or is likely to result in an unlawful interference with his rights and interests protected by law; If there are no legal grounds to prevent this and it is proven that the buyer’s objection is well-founded, the Seller is obliged to block and destroy the personal data to which the buyer has objected without undue delay, as soon as the circumstances allow.

9.12. The Buyer, upon written request or in person, if the matter cannot be postponed, is also entitled to object to the Seller at any time and not to be subject to a decision of the Seller that would have legal effect or significant impact on him, if such a decision is made solely on the basis of automated processing of his personal data. The Buyer is entitled to request the Seller to review the issued decision by a method other than automated processing, and the Seller is obliged to comply with the Buyer’s request in such a way that the authorized person has a decisive role in the review of the decision; The Seller shall inform the Buyer about the method of investigation and the result of the finding within the deadline specified in paragraph 9.18. of these General Terms and Conditions. The buyer is not entitled to this right only if it is prescribed by a separate law regulating measures aimed at ensuring the buyer’s legitimate interests, or if, within the framework of the legal relationship prior to the conclusion of the contract or during the existence of the contractual relationship, the seller has made a decision by which he has complied with the buyer’s request, or if the seller has taken other appropriate measures to ensure the buyer’s legitimate interests based on the seller’s legitimate measures.

9.13. If the buyer exercises his right

  1. in writing, and the content of his request indicates that he is exercising his right, the request shall be deemed to have been submitted in accordance with this Act; The buyer shall deliver his request submitted in writing by e-mail or fax no later than three days after its sending,
  2. in person, orally in a record, which shall indicate who exercised his right, what and when he refers to, and who prepared the record, his signature and the signature of the buyer; the seller is obliged to hand over a copy of the protocol to the buyer,

with the intermediary referred to in point 1 or 2 of point 3, the intermediary is obliged to submit this request or protocol to the seller without undue delay.

9.14. If the buyer suspects that his personal data is being processed unlawfully, he may submit a proposal to initiate personal data protection proceedings with the Personal Data Protection Office of the Slovak Republic.

9.15. If the buyer is incompetent, his rights may be exercised by his legal representative.

9.16. If the buyer is not alive, his rights under this Act may be exercised by a close person.

9.17. Request of the buyer pursuant to point 9.7. 1–3, 5–8. 9.11. Until 9.13. These General Terms and Conditions shall be processed by the seller free of charge.

9.18. Request of the buyer pursuant to point 9.8. The seller shall perform point 4 of these General Terms and Conditions free of charge, except in the case of a payment in an amount that may not exceed the amount of material costs reasonably incurred in connection with making copies, purchasing technical data carriers and informing the buyer, unless otherwise provided by separate legislation.

9.19. The seller shall process the buyer’s request in writing pursuant to points 9.17. and 9.18. as set out in point 9.20, no later than 30 days from the date of receipt of the request

The seller shall notify the buyer and the Office for Personal Data Protection of the Slovak Republic in writing without undue delay in accordance with point 9.9.

Consent to the transfer of personal data to third parties

As a buyer, I expressly consent to the seller using my personal data, as well as data on the purchased goods, as the operator of the website, with the aim of improving the seller’s services based on customer reviews.

As a buyer, I am aware that I have the right to withdraw the above consents in writing at any time.

As a buyer, I declare that I have been informed of the terms of processing of personal data by the operator pursuant to Section 15, paragraph 1, which is published on the website www.microwatchmarket.sk.

Consent to the processing of personal data – customers

I hereby give my consent as a buyer pursuant to Section 11 of the Act. 122/2013. on the protection of personal data, as amended by subsequent legislation, by processing my personal data in accordance with Section 9.1. of the General Terms and Conditions.

As a buyer, I am aware that I have the right to withdraw the above consents at any time in writing.

As a buyer, I declare that I have been informed of the terms of processing of personal data by the operator pursuant to Section 15, Paragraph 1, which is published on the website www.timestore.sk.”

  1. Withdrawal from the purchase contract

10.1. The seller is entitled to withdraw from the purchase contract due to the sale of stocks, the unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed upon in the purchase contract has suspended production or has made significant changes that make it impossible for the seller to fulfill his obligations under the purchase contract, or if, despite all efforts, he is unable to deliver the goods within the deadline set by the buyer at the price indicated in the online store. The seller is obliged to inform the buyer of this immediately and to return the advance payment already paid for the goods agreed upon in the purchase contract to the account indicated by the buyer within 14 days of the notification of withdrawal from the contract. The seller may also withdraw from the purchase contract if the buyer has not received the goods within five working days of receiving the goods, when the buyer was obliged to receive the goods.

10.2. An obvious error in the price of the goods is considered to be, for example, the incorrect insertion of the first three digits instead of four; a price lower by one digit (e.g., a digit is “dropped” when entering the price); an obviously low price of the goods (for example, a price 50% lower than usual for this type of goods without indicating the goods as a sale or other promotional offer); and other obvious typographical errors, obvious errors in the description of the goods, images, etc., or in the case of an obviously incorrect error in the data provided by the operator of the customer service center.

10.3. Under the conditions regulated by the Act on Consumer Protection in the Sale of Goods or the Provision of Services Based on a Distance Selling Contract or a Contract Concluded Outside the Seller’s Premises, and on Amendments to Certain Acts (hereinafter referred to as the Act on Consumer Protection in the Sale of Goods) within 14 days from the date of receipt of the goods. The buyer has the right to unpack and try out the goods within this period in a manner similar to  the buyer, and is also entitled to reimbursement of the costs associated with returning the goods to the buyer.

10.15. The buyer may not withdraw from the contract, the subject of which is

  • a) the sale of goods made according to the consumer’s individual requirements, custom-made goods or goods specifically intended for a consumer,

10.16. When issuing the credit, the buyer may also be required to present a valid identity card in order to protect the buyer’s property rights. By presenting an identity card for viewing, the buyer consents to the processing of his personal data in accordance with the law. No. 122/2013. on the protection of personal data, as amended by subsequent legislation.

  1. Product reviews

11.1. The seller reserves the right not to publish product reviews that contain inappropriate terms, are false, are not related to the product in question, do not refer to external sites, or in any other way damage the name of our company.

  1. Gift vouchers

12.1. Gift vouchers (vouchers) issued by the seller can be used to purchase goods on the seller’s e-commerce website. Unless otherwise stated, the gift voucher can only be used to purchase goods and does not apply to services, shipping costs or other fees.

12.2. The value of the gift voucher is stated on each voucher as an amount including VAT, the voucher serves as a discount on the total amount of the ordered goods, including VAT. The gift voucher can only be used in full and cannot be redeemed within one purchase. The deficit required to purchase the goods must be paid in cash, the overpayment is not refundable.

12.3. The gift voucher cannot be exchanged for cash. If the buyer has the right to withdraw from the purchase contract in the case of the purchase of goods for which the buyer paid with a gift voucher, the buyer is entitled to a refund of the purchase price in the form of a gift voucher (by sending the gift voucher to the email address provided by the buyer).

  1. Delivery guarantee

13.1. This is a service that ensures that in the event of a complaint with the carrier, we as the sender do not have to wait for the outcome of the complaint.

13.2. We will try to automatically arrange the new model / new order / or refund within 24 hours.

13.3. This does not mean that we will deliver at a specific time.

10.7. If the buyer withdraws from the contract, all further contracts related to the contract from which the buyer withdrew shall also be terminated.

10.8. The buyer may withdraw from the contract, the subject of which is the delivery of the goods, before the expiry of the withdrawal period. The withdrawal period shall be maintained if the buyer sends a notification of the exercise of his right of withdrawal before the expiry of the withdrawal period.

10.9. According to Section 1829 of the Civil Code, the consumer has the right to withdraw from the contract without giving any reason within 30 days from the date of receipt of the goods, or from the date of receipt of the last delivery of the goods, if the purchase includes several goods or the goods consist of several parts (it is sufficient to send them on the 30th day of the deadline). If the buyer decides to withdraw from the contract within this period and meets the following conditions, we will refund the purchase price and the costs of the cheapest delivery of the goods from the seller to the buyer. According to Section 1820 (1) letter g) and Section 1832 (1) § 3, the costs of returning the goods in the event of withdrawal from the contract of sale pursuant to Section 1829 shall be borne by the consumer. This right does not serve as a method of settling complaints about the goods. We will refund the payments to the buyer within 14 days from the day on which the seller received the buyer’s declaration of withdrawal from the contract of sale. Payment is made by bank transfer to the bank account indicated by the buyer in the declaration of withdrawal, without additional fees.

10.10. The Seller is not obliged to pay the Buyer the price of the purchased goods in accordance with point 10.8. before the goods are handed over to him by the Buyer or until the Buyer proves that the goods have been returned to the Seller. The Seller shall therefore pay the Buyer the price of the purchased goods only after the return of the returned goods. in accordance with point 10.2. or upon presentation of a document confirming the return of the goods, whichever occurs first.

10.11. In the event that the Buyer withdraws from the contract in accordance with point 10.2. and delivers to the Seller used and damaged or defective goods, or the value of the goods in question as a result of handling the goods that exceeds the handling necessary to determine the properties and functionality of the goods, the Seller shall be entitled to compensation from the Buyer equal to the cost of repairing the goods and restoring the goods to their original condition. The Seller shall be entitled to claim compensation from the Consumer for the loss of value of the goods.

10.12 The buyer is obliged to return or hand over the goods to the seller together with the accessories, including documentation, instructions for use, warranty card, payment receipt, etc., no later than 14 days from the date of withdrawal from the contract. and in the original packaging.

10.13. In the event of withdrawal from the contract, the buyer shall bear the direct costs of returning the goods to the seller or to a person authorized by the seller to receive the goods. The direct costs of returning the goods cannot be reasonably calculated in advance.

10.14. In the event that the buyer’s withdrawal from the purchase contract pursuant to clauses 10.4. and 10.5. is not valid and effective and the seller is not obliged to comply with clause 10.8.a purchase in a classic “brick and mortar” store. However, trying out does not mean that he starts using the goods and then returns them to the seller. The goods shall be deemed to have been received by the buyer at the moment when the buyer or a third party indicated by him – with the exception of the carrier – takes over all parts of the ordered goods, or if

  • a) the goods ordered by the buyer in one order are delivered separately, at the moment of taking over the last delivered goods, or if
  • b) the goods consisting of several parts or pieces are delivered, at the moment of taking over the last part or last piece, or if
  • c) the goods are delivered repeatedly within a specified period, at the moment of taking over the first delivered goods.

10.4. By sending the order to the seller, the buyer confirms that the seller has fulfilled its information obligation in due time and properly as set out in point. § 3 par. on consumer protection in the course of trade in goods.

10.5. The buyer has the right to withdraw from the contract concluded with the seller in writing via the email address hello@microwatchmarket.sk

10.6. Withdrawal from the purchase contract by means of a declaration of withdrawal pursuant to the previous paragraph of these general terms and conditions must contain the information specified therein.

13.4. This is a service that is performed by delivering the shipment and in the event of withdrawal or exchange, the fee for this service is not eligible for a refund.

13.5. The Delivery Guarantee does not need to be added to the cart more than once.

  1. Final provisions

14.1. The Seller reserves the right to change these general terms and conditions. The obligation to provide written notice of changes to these general terms and conditions is fulfilled by publishing them on the Seller’s e-commerce website.

14.2. If the purchase contract is concluded in writing, the amendment must be made in writing.

14.3. In case of doubt, the contracting parties have agreed that the period of use is calculated from the date of delivery of the goods to the Buyer (including the day of delivery) in accordance with point 5.7. the provisions of these General Terms and Conditions until the day the goods are returned to the Seller.

14.4. The contracting parties have agreed that communication between them will primarily be in the form of e-mail messages or. by letter.

14.5. Legal relations not regulated by these General Terms and Conditions shall be governed by the Civil Code, Act 110/2009 on amending Act 22/2004 on electronic commerce, on state control of the internal market in consumer protection matters, as amended, and on amending and supplementing certain acts. Act, Act 284/2002 on consumer protection, as amended, and Act No. 250/2007 of the Slovak National Council, as amended, on misdemeanors, and Act XX of 2010 on consumer protection in the sale of goods or provision of services based on a contract concluded between persons at a distance or a contract concluded outside the premises of the seller, and on amending certain acts.

14.6. These General Terms and Conditions shall enter into force for the Buyer upon the submission of the Buyer’s electronic order.

14.7. By submitting the order, the Buyer confirms that he has read these General Terms and Conditions and fully agrees with them.