Terms and Conditions
General trading and complaint conditions of the MAXSPORT.sk e-shop
I. Basic information:
1. These terms and conditions apply to contracts concluded remotely in the e-shop www.maxsport.sk between the Seller and the Buyer pursuant to Act no. 40/1964 Coll. Commercial Code and Consumer Protection Act No. 108/2024 Coll. Z. z.
2. Business name and address of the Seller:
BAULI SLOVAKIA & CZECH REPUBLIC s.r.o.
Mlynské Luhy 76/A, 821 05 Bratislava - Ružinov district
ID: 31368891
VAT number: SK2020353225
E-mail: maxsport@maxsport.sk
Tel. number: +421 918 760 333
3. The Buyer is the consumer or trader.
4. Consumer is a natural person who is not acting in the course of his business or profession in connection with a consumer contract, an obligation arising therefrom or a commercial practice.
5. Trader is a person who, in connection with a consumer contract, an obligation arising therefrom or a commercial practice, acts in the course of his business or profession, including through another person acting in his name or on his behalf or on his behalf.
6. Business activity or business shall be understood as a continuous activity carried out independently by an entrepreneur in his own name and on his own responsibility for the purpose of making a profit or for the purpose of achieving a measurable positive social impact, if it is an economic activity of a registered social enterprise according to a special regulation.
7. Under Act No. 513/1991 Coll., the Commercial Code, an entrepreneur means:
a.) person registered in the Commercial Register,
b.) person who is engaged in business on the basis of a trade licence,
c.) person who is engaged in business on the basis of other than a trade licence pursuant to special regulations,
d.) person who carries out agricultural production and is entered in the register pursuant to a special regulation.
8. If the Buyer indicates his identification number (ID number) in the order, then he acknowledges that the rules set out in the GTC for entrepreneurs apply to him.
9. Purchases made by the consumer are governed by these GTC. Legal relations of the Seller with the Consumer not expressly regulated by these GTC shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, Consumer Protection Act No. 108/2024 Coll. as well as related regulations. Legal relations of the Seller with the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the contract between the Seller and the Buyer shall be governed by the relevant provisions of the Commercial Code as amended, as well as related regulations. In the event of any differences between the GTC and the individual contract, the text of the contract shall prevail.
10. Supervisory body:
Slovak Trade Inspection
Prievozská 32 820 07 Bratislava
Department of supervision:
SOI Inspectorate for the Bratislava region
Bajkalská 21/A,
PO BOX no. 5,
820 07 Bratislava
Department of Supervision
tel. no. 02/58 27 21 72, 02/58 27 21 04
fax no. 02/58 27 21 70
Order and contract conclusion
11. Sending a completed order by the Buyer is considered a proposal for the conclusion of a contract under the Civil Code, based on the Seller's offer in the e-shop. The conclusion of the contract occurs upon confirmation of the order by the Seller.
Prices of goods
12. All prices of products in the e-shop are final, including all taxes. The Seller is subject to VAT. The price of the product does not include delivery costs. These are indicated in the shopping cart before the order is completed, where the Buyer also sees the total price of the order, including the cost of delivery.
Payment for goods
13. The Seller accepts payment for the ordered goods by the methods indicated on the site in the shopping cart before completing the order.
14. As part of the e-shop order, the Buyer is obliged to pay the price to the Seller for the ordered goods. The ownership right to the goods is transferred to the Buyer only after full payment of the purchase price for the goods, not before delivery and acceptance of the goods by the Buyer.
15. Payment options for the goods:
a.) Online payment through the payment gateway of Tatra banka, a.s. - it is an online payment by VISA or MASTERCARD
Headquarters:
Tatra banka, a.s.
Tatra Bank, a.s., Tatra Bank, a.s. Hodžovo námestie 3
811 06 Bratislava 1
b.) By bank transfer - special conditions are communicated to the Buyer before the order is completed
c.) Cash on delivery - special conditions are notified to the Buyer before the order is completed
Delivery of goods
16. If the delivery period is not specified for the product, the Seller shall deliver the goods to the Buyer within 30 days at the latest. If the Seller does not deliver the item on time, the Buyer may withdraw from the contract even without providing an additional reasonable period of time, if (i) the Seller refused to deliver the item, (ii) timely delivery was extremely important in view of all the circumstances of the conclusion of the contract, or (iii) the Buyer prior to the conclusion of the Seller's contract informed that timely delivery is extremely important.
17. The Goods shall be deemed to have been accepted by the Buyer at the time when the Buyer or a third party appointed by the Buyer (other than the carrier) accepts all parts of the Goods ordered or, if (i) the Goods ordered by the Buyer in one order are delivered separately, at the time of acceptance of the Goods which have been delivered last, (ii) the Buyer delivers Goods consisting of several parts or pieces, at the time of acceptance of the last part or piece, (iii) the Buyer delivers the Goods repeatedly over a specified period, at the time of acceptance of the first Goods delivered.
II. Complaints Procedure
18. The Seller shall be liable for defects which the goods have upon receipt by the Buyer and which occur after receipt of the goods (items) within the warranty period (warranty).
Warranty period in the case of non-food goods:
19. The warranty period for new goods is 24 months, which runs from the receipt of the goods by the Buyer. The warranty period for used goods is 12 months. The warranty period for services (repair or modification of the item) is 3 months. The warranty period for custom-made items is 24 months.
20. The warranty period for new goods for a Buyer who is not a consumer is 24 months.
Warranty period for food goods:
21. Liability rights for perishable goods must be exercised by the Buyer no later than the day after purchase; otherwise the rights are extinguished.
22. If a period of use (minimum durability period) is indicated on the item sold, its packaging or the instructions accompanying it, the guarantee period does not expire before the expiry of this period.
23. The proof of purchase shall be sufficient to make a claim.
24. However, the Buyer should not continue to use the item on which he has discovered a defect. If the defects occur after the purchase, they must be pointed out without undue delay. The Buyer may only exercise his rights under liability for defects if he has pointed out the defect within two months of discovering the defect, at the latest before the expiry of the warranty period. After the expiry of the warranty period, the right to claim shall be extinguished. The Buyer has the right to compensation for the Buyer's purposefully incurred costs incurred in connection with pointing out a defect for which the Seller is responsible only if the Buyer has claimed these within two months at the latest from the delivery of the repaired or replaced item, the payment of the price discount or the return of the price after withdrawal from the contract, otherwise this right expires.
25. The defect may be complained of at any of the Seller's establishments, at any other person of whom the Seller informed the Buyer before the conclusion of the contract or before the order was sent, or by means of remote communication at the address of the Seller's registered office or place of business or at any other address of which the Seller informed the Buyer at the conclusion of the contract or after the conclusion of the contract.
26. The Seller shall provide the Buyer with a written confirmation of the defect immediately after the Buyer has pointed out the defect. The Seller shall specify in the acknowledgement of the defect a reasonable period of time within which the Seller shall remedy the defect. The period notified pursuant to the preceding sentence may not be longer than 30 days from the date of the defect, unless a longer period is justified by an objective reason beyond the Seller's control.
27. If the Seller refuses liability for defects, the reasons for the refusal shall be notified in writing to the Buyer. If the Buyer proves the Seller's liability for the defect by an expert opinion or an expert opinion issued by an accredited person, an authorised person or a notified person, the Buyer may repetitively criticise the defect and the Seller may not refuse liability for the defect; the time limit pursuant to clause 24 shall not apply to the repetitive criticism of the defect. The Buyer shall have the right to reimburse the Seller for the costs reasonably incurred in connection with the expert report and the expert opinion; this right must be exercised by the Buyer with the Seller no later than two months after the delivery of the repaired or replacement item, the payment of the price discount or the refund of the price after withdrawal from the contract, otherwise the right shall lapse.
28. If the Seller is liable for a defect in the item sold, the Buyer has the right to have the defect remedied by repair or replacement, the right to a reasonable discount on the purchase price or the right to withdraw from the contract of sale.
29. The Buyer has the right to choose to remove the defect by replacing the item or repairing the item. The Buyer may not choose a method of removing the defect which is not possible or which would cause the Seller disproportionate costs in comparison with the other method of removing the defect, taking into account all the circumstances, in particular the value which the item would have without the defect, the seriousness of the defect and whether the other method of removing the defect would cause the Buyer significant difficulties. The Seller may refuse to remedy the defect if neither repair nor replacement is possible or would involve disproportionate costs having regard to all the circumstances.
30. The Seller shall repair or replace the item within a reasonable time after the Buyer has pointed out the defect, free of charge, at the Buyer's own expense and without causing the Buyer any serious inconvenience, having regard to the nature of the item and the purpose for which the Buyer has requested the item.
31. For the purpose of repair or replacement, the Buyer shall hand over or make available the item to the Seller. The Seller shall bear the cost of taking possession of the item.
32. The Seller shall deliver the repaired item or replacement item to the Buyer at the Buyer's expense in the same or similar manner as the Buyer delivered the defective item to the Seller, unless the parties agree otherwise.
33. If the Buyer does not take possession of the item within six months from the date on which he should have taken possession of it, the Seller may sell the item. If the item is of greater value, the Seller shall give the Buyer prior notice of the intended sale and a reasonable additional period of time to take possession of the item. Immediately after the sale, the Seller shall pay to the Buyer the proceeds of the sale of the item after deducting the costs reasonably incurred by the Seller in storing and selling the item, if the Buyer claims a right to a share of the proceeds within a reasonable period of time specified by the Seller in the notice of intended sale of the item. The Seller may destroy the thing at his own expense if it has not been sold or if the anticipated proceeds of sale will not be sufficient to cover even the costs which the Seller has reasonably incurred in keeping the thing and the costs which the Seller would necessarily have incurred in selling it.
34. The Seller is liable for defects in the replacement item, the warranty period starts again from the receipt of the new item.
35. The Buyer is entitled to a reasonable discount on the purchase price or may withdraw from the contract of sale without giving a reasonable additional period of time if
a.) the Seller has not repaired or replaced the item,
b.) the Seller has not repaired and replaced the item in accordance with these GTC and/or the law,
c.) the Seller has refused to remedy the defect on the grounds that repair or replacement is not possible or would involve disproportionate costs having regard to all the circumstances,
d.) the item has the same defect despite the repair or replacement of the item,
e.) the defect is of such a serious nature as to justify an immediate reduction of the purchase price or withdrawal from the contract of sale; or
f.) the Seller has declared or it is apparent from the circumstances that he will not remedy the defect within a reasonable time or without causing serious inconvenience to the Buyer.
36. In assessing the Buyer's right to a discount on the purchase price or withdrawal from the purchase contract under the preceding clause (d) and (e), all circumstances shall be taken into account, in particular the type and value of the item, the nature and severity of the defect and the Buyer's ability to objectively require the Buyer to have confidence in the Seller's ability to remedy the defect.
37. The discount on the purchase price must be proportionate to the difference between the value of the thing sold and the value that the thing would have had if it had been free from defects.
38. The Buyer may not withdraw from the contract of sale under clause 36 if the Buyer has contributed to the defect or if the defect is insignificant.
39. If the contract relates to the purchase of more than one item, the Buyer may withdraw from the contract only in relation to the defective item. He may only withdraw from the contract in respect of the other things if he cannot reasonably be expected to have an interest in retaining the other things without the defective thing.
40. The Buyer shall return the item to the Seller at the Seller's expense upon withdrawal from the Contract or part thereof. The Seller shall arrange for the removal of the item which was installed in accordance with its nature and purpose before the defect became apparent. If the Seller fails to remove the item within a reasonable time, the Buyer may arrange for the removal and delivery of the item to the Seller at the Seller's expense and risk.
41. Upon withdrawal from the contract, the Seller shall refund the purchase price to the Buyer within 14 days of the date of return of the item to the Seller or upon proof that the Buyer has sent the item to the Seller, whichever is earlier.
42. The Seller shall return the purchase price to the Buyer or pay the Buyer a discount on the purchase price in the same manner used by the Buyer to pay the purchase price, unless the Buyer expressly agrees to a different method of payment. All costs associated with the payment shall be borne by the Seller.
43. The settlement of the complaint shall be understood as the termination of the complaint procedure by handing over the repaired product, replacement of the product, refund of the purchase price of the product, payment of a reasonable discount on the price of the product, a written invitation to take over the performance or a reasoned rejection thereof.
44. The Seller is obliged to issue a confirmation to the Buyer when making a claim. If the claim is made by e-mail, the Seller is obliged to deliver the confirmation of the claim to the Buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of the claim; the confirmation of the claim does not have to be delivered if the Buyer has the possibility to prove the claim in another way.
45. The warranty does not cover defects caused by:
a.) mechanical damage to the goods caused by the Buyer after receipt of the product,
b.) use of the goods contrary to the manufacturer's instructions,
c.) use of the goods in conditions which do not correspond to the environment for which the goods are intended,
d.) unprofessional intervention in the use or neglect of care and maintenance of the goods,
e.) excessive loading in contravention of the conditions specified in the documentation for the goods, general principles, technical standards or safety regulations in force in the Slovak Republic,
f.) in the transport of the product after receipt by the Buyer,
g.) by water, fire, static or atmospheric electricity or other acts of God,
h.) the use of components other than those used by the manufacturer, supplier or Seller,
i.) repair or modification of the goods by persons not authorised to carry out warranty repairs,
j.) wear and tear characteristic of the material or use.
46. If the Buyer claims any of the above defects, the claim may reasonably be rejected.
III. Return of goods - withdrawal from a distance contract without giving a reason
47. The Buyer is entitled to withdraw from the distance contract without giving any reason within 14 days from the date of receipt of the goods or from the date of conclusion of the contract, the subject of which is the provision of a service. This right may only be exercised by the consumer.
48. The goods shall be deemed to have been accepted by the Buyer at the moment when the Buyer or a third party designated by him, with the exception of the carrier, accepts 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 acceptance of the goods which have been delivered last, (b) he delivers goods consisting of several parts or pieces, at the moment of acceptance of the last part or piece, (c) he delivers the goods repeatedly during a defined period, at the moment of acceptance of the first delivered goods.
49. The Buyer may also withdraw from the contract, the subject matter of which is the delivery of the goods, before the withdrawal period has started.
50. The Buyer may only withdraw from the contract in relation to a specific product or products if the trader has delivered or provided more than one product on the basis of a distance contract or a contract concluded away from the trader's premises.
51. The Buyer is obliged within 14 days from the date of withdrawal from the contract to send the goods back or to hand over the goods to the Seller or to a person appointed by him to receive the goods. The deadline according to the first sentence is considered to be observed if the consumer sends the goods to the Seller no later than the last day of the deadline.
52. When withdrawing from the contract, the Buyer bears only the costs of returning the goods to the Seller or the person designated by the Seller to take over the goods.
53. The Buyer is responsible for the decrease in the value of the goods, which occurred as a result of handling the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods.
54. The Buyer is obliged to pay the Seller the price for the performance actually provided by the date of delivery of the notice of withdrawal from the contract, if the Buyer withdraws from the contract, the subject of which is the provision of a service.
55. The Seller is obliged within 14 days from the date of delivery of the notice of withdrawal from the contract to return to the Buyer all payments to the extent corresponding to the withdrawal from the contract, which he received from him on the basis of or in connection with the contract, including the costs of transport, delivery, postage and other costs and fees.
56. The Seller is not obliged to reimburse the Buyer for additional costs if the Buyer has explicitly chosen a different delivery method than the cheapest common delivery method offered by the Seller. Additional costs mean the difference between the delivery costs chosen by the Buyer and the costs of the cheapest common delivery method offered by the Seller.
57. When withdrawing from a contract, the subject of which is the delivery of goods, the Seller is not obliged to return the payments to the consumer according to point 55 before the goods are delivered to him, or until the Buyer proves that the goods have been sent back to the Seller.
58. The Seller is obliged to return the payments to the Buyer according to point 55 in the same way that the Buyer used for their payment; this does not affect the Seller's right to agree with the Buyer on another method of payment, if the Buyer will not be charged any fees in connection with the payment.
59. The Buyer cannot withdraw from the contract concluded at a distance according to point 47. if it is the subject of the contract
a.) the provision of the service, if (i) the service has been fully provided and (ii) the provision of the service began before the expiry of the period for withdrawing from the contract with the express consent of the consumer and the consumer has declared that he was properly informed that by expressing his consent he loses the right to withdraw from the contract after the full provision of the service, if according to the contract the consumer is obliged to pay the price, delivery of goods manufactured according to the consumer's specifications or goods made to measure,
b.) delivery of goods that are subject to rapid deterioration or deterioration,
c.) delivery of goods enclosed in protective packaging, which is not suitable for return due to health protection or hygiene reasons, if the protective packaging was broken after delivery,
d.) delivery of goods which, due to their nature, may be inseparably mixed with other goods after delivery.
Other exceptions to the possibility of withdrawing from a contract concluded at a distance without giving a reason are provided for in § 19 par. 1 of Consumer Protection Act no. 108/2024 Coll.
60. The Buyer can exercise the right to withdraw from the contract in writing or on another permanent medium (e.g. by e-mail), or by sending a completed form, which is available at the following address: Contract withdrawal form.
61. After delivery of the goods, the Buyer has the opportunity to test its functionality, but he cannot use the goods if he withdraws from the contract. In order to determine the nature, characteristics and functionality of the goods, the consumer should handle and inspect the goods only in the way that he would be allowed to do in a "brick and mortar" store. The Buyer is required to handle and inspect the goods with due care during the withdrawal period. For example, purchased sportswear should only be tried on by the Buyer, but not worn, and the goods should be returned with the original tags or other protective or identification means.
Goods reclaim:
62. The Buyer shall notify the return or exchange of goods by e-mail or by telephone. The Seller will then send a form to fill in the data necessary for the return, exchange of goods, or replacement of damaged parts. Based on the filled-in data, the courier company will accept the goods for return, or deliver the replacement of spare parts,
63. The Buyer never sends the goods at his own expense.
IV. Gifts provided with purchased goods
64. The Buyer acknowledges the fact that if gifts are provided with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer exercises the right to withdraw from the purchase contract according to point 47, the gift contract loses its effectiveness and the Buyer is obliged to return the related gifts together with the returned goods. Goods delivered with a symbolic value are also considered a gift if their delivery is presented to the Buyer as a gift for the goods, which the Buyer returns within 14 days without giving a reason. In the event that these gifts are not returned with the returned goods, these gifts at their market value will be considered unjust enrichment of the Buyer.
V. Alternative dispute resolution
65. The Buyer - consumer - has the right to contact the Seller with a request for correction (for example by e-mail) if he is not satisfied with the way in which the Seller handled his complaint or if he believes that the Seller has violated his consumer rights. If the Seller responds negatively to this request or does not respond to it within 30 days from its sending, the consumer has the right to submit a proposal to initiate alternative dispute resolution to the alternative dispute resolution entity (hereinafter referred to as the ARS entity) pursuant to Act 391/2015 Coll. ARS subjects are authorities and authorized legal entities according to §3 of Act 391/2015 Coll. The list of ARS entities can be found on the website of the Slovak Ministry of Economy www.mhsr.sk. The proposal can be submitted by the consumer in the manner determined according to §12 of Act 391/2015 Coll.
66. The consumer can also file a complaint through the alternative dispute resolution platform of the RSO, which is available online at https://ec.europa.eu/consumers/odr/main/index.cfm.
67. Alternative dispute resolution can only be used by a consumer - a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to a dispute between a consumer and a Seller arising from or related to a consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ARS entity may demand payment of a fee for starting an alternative dispute resolution from the consumer, up to a maximum of EUR 5 including VAT.