General Terms & Conditions of European Filtration, s.r.o.
Introduction
These General Terms and Conditions (hereinafter referred to as "GTC") contain the relationship between the company European Filtration s. r.o. (hereinafter referred to as the “Seller”) and its business partners or clients (hereinafter referred to as the “Buyer”)
By sending the order, the Buyer confirms that he has read these GTC, of which the Complaints Procedure is an integral part, and that he agrees with them. The Buyer is sufficiently informed of these GTC before creating and sending the order.
The stated business conditions apply to goods purchased through the online store http://eufiltration.com and are also valid for other purchases made by an e-mail correspondence, by phone or in chat, by sending the order to the Seller's address.
The seller is: European Filtration s.r.o., with its registered office at Vavrinecká 13, 831 52 Bratislava, Slovakia, Tax ID: 2121536681 represented by Ing. Peter Uhlárik - manager, tel. +421 911 811 855, e-mail: info@eufiltration.com
The buyer is usually the Consumer (end user) or Entrepreneur (distributor/reseller):
A consumer is a person who, in concluding and performing a contract, does not act within the scope of his business or other entrepreneurial activity or within the scope of independent performance of his profession. At the beginning of the business relationship, the consumer hands over to the seller his contact details, necessary for the smooth processing of the order, or the details that he wants to have stated on the purchase document. Legal relations between the seller and the consumer not explicitly regulated by these GTC are governed by the relevant provisions of Act no. 40/1964 Coll., Civil Code, Act no. 250/2007 Coll., On consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, as amended, Act no. 108/2000 Coll. on consumer protection in doorstep selling and mail order sales, as amended and Act no. 428/2002 Coll. on the protection of personal data, as amended.
Entrepreneur means a person registered in the Commercial Register (especially commercial companies - Distributor/Reseller), a person who conducts business on the basis of a trade license (self-employed person registered in the Trade Register), a person who conducts business on the basis of a license other than a trade license. liberal professions such as lawyers, etc.), a person who carries out agricultural production and is registered in accordance with a specific regulation. Legal relations between the seller and the buyer, who is an entrepreneur, not expressly regulated by these GTC or the contract between the seller and the buyer are governed by the relevant provisions of Act no. 513/1991 Coll., Commercial Code as amended.
The supervisory authority is the Slovak Trade Inspection (SOI), the SOI Inspectorate for the Bratislava Region, Bajkalská 21 / A, P. O. BOX no. 5, 820 07 Bratislava, Supervision Department ba@soi.sk, tel. no. 02/58 27 21 72, 02/58 27 21 04
The purchase contract may be concluded with the End User or the Distributor/Reseller. If the Buyer is an End User, the proposal for concluding a purchase contract is done by placement of order of the offered goods by the seller on the website of online store Europeanfiltration.sk.
The seller reserves the right to cancel the contract in cases where there is a technical failure on the seller's website caused by circumstances beyond the seller's control, or if the ordered goods will not be available due to sale or exclusion from the offer by the supplier. In case one of the above situations occurs, the Seller will immediately notify the Buyer of these circumstances and send him a confirmation of the order cancellation by email.
Relationships and possible disputes will be resolved exclusively in accordance with the applicable law of the Slovak Republic by the locally competent court.
User account
Based on the Buyer's registration made on the website, the Buyer may access its user interface. It may order goods from its user interface (hereinafter referred to as the "user account"). The Buyer can also order goods without registration, directly from the web interface of the store.
In registering on the webpage as well as at the process of ordering the goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the Buyer in the user account and when ordering the goods are considered correct by the Seller. Access to the user account is secured by username (E-mail) and password. The buyer is obliged to maintain confidentiality regarding the information needed to access his user account.
The buyer is not entitled to allow to use his user account by third parties.
The buyer acknowledges that the user account may not be available 24/7, especially with regard to the necessary maintenance of hardware and software equipment, or necessary maintenance of third-party hardware and software.
Execution of the purchase contract
The price of the goods is stated for each individually offered goods in the Seller's online store and its amount is fixed for the buyer. The available goods will be delivered to the buyer at the price valid at the time of ordering. The buyer has the opportunity to get acquainted with the total price of the goods, including VAT and all other fees (shipping, etc.) before completing the order. This price will be stated in the order and in the message confirming the receipt of the order of goods.
To order goods, the Buyer have to fill in the order form in the web interface of the store. The order form contains information about:
the ordered goods (the ordered goods are "inserted" by the Buyer into the electronic shopping cart of the web interface of the store),
the method of payment of the purchase price of the goods, information on the required method of delivery,
information on costs associated with the delivery of goods (hereinafter collectively referred to as "order").
Before sending the order, the Buyer is allowed to check and change the data entered by the Buyer in the order, also with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer will send the order to the Seller by clicking on the "Send order" button. The data stated in the order are considered correct by the Seller. After receiving the order, the Seller will confirm to the Buyer the receipt of the order by e-mail, to the e-mail address specified in the user interface or in the order (hereinafter referred to as the "e-mail address of the Buyer").
The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the order (for example, in writing or by phone).
The contractual relationship between the Seller and the Buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the electronic address of the Buyer.
The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the Buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of phone calls) shall be borne by the Buyer himself, while these costs do not differ from the basic rate.
Terms of payment
Buyer shall pay the agreed amount of the purchase price by payment in advance by transfer to the bank account of the Seller, kept in Tatrabanka, a.s., on account number: 2949117810, respectively IBAN: SK69 1100 0000 0029 4911 7810 using an agreed variable symbol or in another agreed manner.
The goods remain the property of the seller until full payment of the agreed purchase price within the reservation of ownership.
Terms of delivery
The buyer is entitled to choose the method of delivery:
Pick up – self collection (FCA)
In case of choosing FCA option - self collection, the Buyer is obliged to ensure the transport of the purchased goods on his own expense and send (by e-mail / post) to European Filtration the relevant documents:
- carrier order and
- invoice for the transport,
proving the provision of transport / transportation, within 15 days from the date of order confirmation. If the Buyer does not do so, the purchase price will be increased by the rate of VAT valid on the day of the order and will be additionally invoiced to the Buyer. The Buyer undertakes to pay the adjusted purchase price to the Seller's account within 7 days of receiving the invoice. In the event of a delay in payment of more than 7 days, the Seller is entitled to a contractual penalty in the amount of twice the unpaid part of the purchase price. This does not affect the right to compensation.
Customer receives pic up instructions with all required obligations to be full field
Delivery to a pre-announced delivery address (CPT)
In the case of delivery of goods to a pre-agreed address, the Seller undertakes to ensure transport to the agreed place through a third party (hereinafter referred to as the "Carrier").
The buyer is informed in advance about the approximate length as well as the price of transport to the ordered place. The Seller reserves the delivery time of the goods for two weeks from the date of shipment. Length of shipment is caused due to the fact that the procured goods originate from abroad, however this time is usually much shorter. In the event of an extension of this period, the Buyer will be informed by e-mail or phone. The Buyer acknowledges that during the transport there may be problems due to force majeure, changes in laws and official regulations, violence, strike or for labor disputes that are not within the influence of the Seller. In these cases, the delivery time is extended by the time to eliminate these problems. Claims for damages from the Buyer for late delivery or non-delivery of the delivery are in any case completely excluded. In such cases, the seller seeks to offer an alternative product or other solution. After receiving the goods, the Buyer assumes responsibility and risk for any damage caused by transport to the final location. This responsibility is transferred to the Buyer by leaving the agreed place of unloading of the goods.
Acceptance of goods by the Buyer is one of the basic contractual obligations. In the event of unreasonable non-acceptance of the delivered goods, for which the Buyer is responsible, the Seller will claim damages from the Buyer and the Buyer undertakes to pay them.
The seller is responsible for damage caused by transport to the final place of delivery of goods. The buyer is obliged to thoroughly inspect the goods upon receipt. The carrier is obliged to allow the inspection of the delivered goods. Buyer should not accept visibly damaged goods from the carrier. In case some goods are visibly damaged it is necessary to confirm the damage in writing to the carrier. Otherwise, the Seller is not responsible for damage to the goods.
If this is not possible due to lack of time of the carrier, a written confirmation will be sent by the Buyer upon receipt of undamaged goods immediately after the inspection. Only based on this is it possible to make a complaint about any damaged or missing goods and then claim any compensation from the Seller. When signing the acceptance protocol, the Buyer declares that the goods have been taken over properly, completely, and undamaged.
Order cancellation
Order cancellation by the Buyer:
The Buyer has the right to cancel the order without giving a reason at any time before the order is confirmed by the Seller. After order confirmation, the Buyer can cancel the binding order only if the Seller does not meet the agreed delivery conditions. In the event of cancellation of a binding order, the Buyer is obliged to compensate the seller for the damage caused by this action. The seller will exercise the right to compensation, especially if provable costs have already been incurred in connection with the securing of the goods. The cancellation fee can be up to 100% of the total price of the goods, especially when ordering products made according to customer requirements.
Order cancellation by the Seller:
The seller has the right to cancel the order in case it was not possible to confirm it with the buyer (incorrect e-mail address, phone number, unavailability, etc.)
The goods are no longer produced or delivered, or the price of the goods has changed significantly. If this situation occurs, the Seller is obliged to contact the Buyer immediately in order to
agree on further action. If the Buyer has paid for the goods, this amount will be transferred back to his account or address within 14 calendar days.
Withdrawal from the contract
The buyer, in this case just an end-user, is entitled to withdraw from the concluded purchase contract in accordance with the provisions of § 7 et seq. Act no. 102/2014 Coll. on consumer protection in distance selling (hereinafter referred to as the "Act on consumer protection in distance selling") within 14 days from the date of receipt of the goods, while it is necessary that the letter of withdrawal from the contract is delivered to the Seller. The Buyer has this right even if he has picked up the goods ordered via the Internet in person at the Seller's collection point. The Buyer is obliged to return the goods complete, with complete documentation, undamaged, clean, including the original packaging, in the condition and value in which he received the goods. The Seller will notify the Buyer of the return address within 5 days of withdrawal from the contract. If the returned goods are incomplete or damaged, the seller may reduce the returned price by the corresponding amount. The money will be returned to the Buyer Consumer within 14 days from the effective date of withdrawal from the contract by the Buyer and the return of the goods at the same time. The seller is not obliged to accept uncleaned or otherwise contaminated goods that do not comply with hygienic standards after the expiry of the statutory period of 14 working days. If the Buyer decides to withdraw within 14 days, he is obliged to deliver the goods to the address notified by the Seller with proof of purchase and the bank account number, in favor of which the Seller will pay the buyer the purchase price or indicate whether the amount will be used for further purchase. The Buyer may not send the goods that he bought from the Seller and wants to return them to the Seller to the Seller's address by cash on delivery. The goods delivered in this way will not be accepted by the Seller and the Buyer may have a period for proper return of the goods. Upon fulfillment of all the above conditions for the return of goods, the Buyer will receive a credit, which will be sent to his account at his request, no later than 14 days from the effective date of withdrawal from the contract or may be used for further purchase of goods from the seller.
Withdrawal from the contract must be made by in written form in a manner that does not raise doubts that the withdrawal has occurred, or in the form of a record on another durable medium or using the form below. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the seller no later than on the last day of the period under Art. § 7 par. 1 of the Act on Consumer Protection in Distance Selling.
The Buyer, who is an entrepreneur (distributor, reseller), may agree with the Seller to withdraw from the purchase contract depending on the condition of the returned goods, the lost warranty and the current price of the returned goods. The condition of the goods is at the discretion of the Seller. In the event of non-agreement on conditions acceptable to both parties, the goods will be returned at the Buyer's expense. The Seller is entitled to charge the Buyer any additional costs incurred.
Withdrawal form
These documents may be part of the goods delivery. Withdrawal from the contract cannot be made by electronic means of communication.
In accordance with § 12 par. 5 of the above law, the buyer may not withdraw from the contract, the subject of which are:
Service, if the service has started to be performed with the consumer's consent before the expiry of the withdrawal period
goods made according to the specific requirements of the consumer or goods intended specifically for one consumer, or goods which, due to their characteristics, cannot be returned
The cost of returning the goods is compensated by the Buyer. We do not accept goods sent by cash on delivery. The return address must be consulted with the Seller. We recommend insuring the shipment with the goods. The costs related to the return of the goods shall be borne by the Buyer at his own expense in full. In the event of non-compliance with any of the above conditions, the Seller will not accept withdrawal from the purchase contract and the goods will be returned at the expense of the Buyer.
Warranty conditionsThe warranty conditions for the goods are governed by the valid legal regulations of the Slovak Republic and the Seller's complaint procedure.
Warranty period for end user for the goods is 24 months from the date of purchase. Only goods purchased from the Seller can be claimed.
For business entities, the length is determined on the basis of par. 429 of the Commercial Code, the length of the warranty period is 1 year from the date of purchase of the goods.
In order to file a claim for the goods, the Buyer is obliged to send the Seller a signed claim request, which contains a description of the error. To acknowledge the complaint, it is necessary to send a guarantee certificate and a copy of the tax document based on which the goods were acquired. The Buyer will send the claimed goods to the address specified by the Seller.
The claimed goods must be complete, with accessories, with instructions, the best in the original packaging.
Resolving a claim during the warranty period is free of charge. However, if the complaint is unjustified, the seller will charge the buyer a fee for an unjustified complaint in the amount of 1% from the ordered amount, minimum 50 € with VAT and shipping costs associated with the return of the claimed goods to the Buyer.
Complaints are resolved immediately, in more complex cases within 30 days.
The seller reserves the right to extend the time for resolving a complaint for goods that must be sent for repair to the manufacturer. The time is extended by the time required for transport and repair at the manufacturer.
The warranty period for the goods expires in cases where the error occurred due to improper handling of the product, mechanical damage, operation in unsuitable conditions or unauthorized intervention in the product. Product defects caused by natural disasters are also excluded from the warranty.
Final provisionsBy sending the order, the buyer confirms that he has read these general terms and conditions, or the terms and conditions of the seller and the seller's complaint procedure, acquainted himself with their content and fully agrees with them.
These GTC are valid from 01.11.2021
The seller reserves the right to change these GTC without prior notice.
In Bratislava 01.11.2021.
Return policy
The Complaints Procedure is governed by the Civil Code, the Commercial Code, the Consumer Protection Act, and the Consumer Protection Act for Distance Contracts and applies to goods for which the Buyer's Consumer Rights from Liability for Deficiencies are well applied (hereinafter "Complaints").
The warranty does not cover normal wear and tear of items (or parts thereof) caused by their normal use. We cannot consider the shorter service life of the product due to the stated wear and tear of things, caused by their normal use, as a shortcoming, which will be considered in the event of a complaint.
Assembly or other commissioning of the item is in principle not part of the delivery of goods and the Buyer declares that he is aware of the method of putting the goods into operation, because it follows from the nature of the item.
The warranty period begins to run from the takeover of the item by the Buyer.
If the Buyer wants to claim the goods, it is necessary to send an e-mail to the address info@eufiltration.com, where he will state mainly the type of product, the number of the sales document and a description of the defect. If the complaint is made by means of long-distance communication, the Seller is obliged to immediately deliver to the Buyer a confirmation of the complaint. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint. The complaint confirmation does not have to be delivered if the consumer has the opportunity to prove the complaint in another way. Within 5 working days from the delivery of the claimed goods, the buyer will be sent information on the next steps, including the address for possible return of goods.
The buyer is obliged to inspect the goods upon receipt of the goods. If he fails to do so, he may assert claims for detected defects in the goods if it is proven that the goods already had these defects at the time of receipt of the goods by the Buyer. The seller recommends that the buyer insure the shipment with the goods. Goods sent by cash on delivery to the Seller's address are not accepted by the Seller. Complaints procedure for goods that cannot be objectively delivered to the Seller and which is permanently installed begins on the day when all the following conditions are met: delivery of the completed complaint form from the Buyer to the Seller.
The right to a free warranty repair expires:
failure to present the acquisition document, usually a final invoice or documentation of the goods,
not reporting obvious errors in taking over the goods,
expiration of the warranty period of the goods,
mechanical damage to the goods caused by the Buyer,
using the goods in conditions which do not correspond to their humidity, chemical and mechanical effects to the environment specified by the manufacturer for the location of the goods,
improper handling, servicing, or neglect of care of the goods
damage to the goods by excessive loading or use in violation of the conditions specified in the documentation,
the general principles, technical standards, or security regulations in force in the country of delivery of the goods,
damage to the goods by unavoidable and / or unforeseeable events,
damage to the goods by accidental destruction and accidental deterioration,
unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or another force majeure,
by interfering with the goods of an unauthorized person,
the warranty does not cover normal wear and tear of the item (or parts thereof) caused by use. Therefore, a shorter product life cannot be considered a defect and cannot be claimed,
the warranty period is 24 months, when buying goods not used for business purposes. The warranty period for the goods determined for business purposes (a person registered in the Commercial Register, a person who does business on the basis of a trade license) is a period of 12 months and begins to run from the date of receipt of the goods by the Buyer,
complaint handling only applies to errors stated in the complaint form,
if the taken over equipment was handed over by the customer without the original packaging or replacement packaging, European Filtration, s.r.o., does not take responsibility for any damage to the equipment during transport.
It is advisable to send the goods in the original packaging or in a suitable transport packaging because the Seller is not liable for any mechanical damage before receiving the goods. In the case of a justified complaint, the Buyer Consumer is entitled to a refund of postage in the lowest amount necessary for safe delivery (it is necessary to provide proof of this transport). In the event of an unjustified complaint, the Buyer Consumer is not entitled to reimbursement of his costs associated with handling the complaint.
The seller will assess the justification of the complaint about the defect in the goods and after the assessment will notify the customer by e-mail about the method of handling the complaint.
Complaint handling, in the case of an order governed by the Civil Code, may not last longer than 30 days from the date of the complaint.
In the case of complaints governed by the Commercial Code, it is considered that the complaint will be settled within a reasonable time. A reasonable period of time is determined based on the extent of damage to the goods and is usually 45 working days from receipt of the claimed goods.