Terms and Conditions


General business and complaint conditions of the e-shop maxsportnutrition.com


General information: 

These terms and conditions apply to contracts concluded at a distance in the e-shop www.maxsportnutrition.com between the seller and the buyer according to Act no. 102/2014 Coll. On the protection of consumers in respect of the sale of goods or the provision of services under a distance contract.


Business name and registered office of the seller:

MAX SPORT s.r.o.

ID number of the company: 31368891

VAT NR: SK2020353225

Email: [email protected]

Phone: +421 918 760 333

 


The buyer is the consumer: a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business activity of employment or occupation. Purchases made by a business entity are governed by the Commercial Code no. 513/1991 Coll.


Supervisory authority:

Slovak Trade Inspection (Slovenská obchodná inšpekcia)

Prievozská 32

820 07 Bratislava

 

Supervision Department:

SOI Inspectorate for the Bratislava Region

Bajkalská 21 / A, P. O. BOX no. 5, 820 07 Bratislava

Supervision Department

Phone: 02/58 27 21 72, 02/58 27 21 04

Fax: 02/58 27 21 70

 

 

Order and conclusion of the contract 


Sending a completed order to the buyer is considered a proposal to conclude a contract under the Civil Code, based on the offer of the seller in the e-shop. The contract is concluded by confirming the order by the seller.


Prices of goods


All prices of products in the e-shop are final, including all taxes. The seller is a VAT payer. The price of the product does not include delivery costs. These are listed in the shopping cart before completing the order, where the buyer also sees the total price of the order, including the cost of delivery of goods


 


Payment for goods


The seller accepts payment for the ordered goods in the ways listed on the page in the shopping cart before completing the order.. Part of the e-shop order is the buyer's obligation to pay the price to the seller for the ordered goods.


 Goods delivery


If the delivery time is not specified for the product, it is valid that the seller will deliver the goods to the buyer within 30 days at the latest. The goods are considered to have been taken over by the buyer at the moment when the buyer or a third party designated by him (except the carrier) takes over all parts of the ordered goods, or if:

a) goods ordered by the buyer in one order are delivered separately, at the moment of taking over the last delivered goods; 

b) delivers the goods consisting of several parts or pieces, at the moment of taking over the last part or the last piece, 

c) delivers the goods repeatedly during a defined period, at the moment of taking over the first delivered goods.

 


Return policy


The seller is responsible for defects in the goods when taken over by the buyer. For used items, it is not responsible for defects caused by their use or wear. In the case of items sold at a lower price, it is not liable for the defect for which the lower price was agreed. If the items are not perishable or used, the seller is responsible for defects that occur after taking over the item during the warranty period (warranty). 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 making the item to order is 24 months. If the period of use is marked on the item sold, its packaging or the instructions attached to it, the warranty period does not end before the expiry of this period. The warranty period for a non-consumer buyer is 24 months. If the purchased item is to be put into operation by an entrepreneur other than the seller, the warranty period begins from the date of putting the item into operation, if the buyer ordered the commissioning no later than three weeks after taking over the item and properly and timely provided the necessary cooperation. The warranty card is issued at the request of the buyer. Proof of purchase is sufficient to file a complaint. If the goods have a defect that can be removed, the buyer has the right to be free, timely and properly removed. The seller is obliged to eliminate the defect without undue delay. However, the buyer should not continue to use the thing on which he found a defect. In the case of defects that occur after the purchase, they must be pointed out without undue delay from the discovery of the defect, at the latest until the expiration of the warranty period. After the expiration of the warranty period, the right to make a complaint expires.

Wear characteristic of the material or use is not considered a defect. This is not a defect if it follows from the nature of the sold item that its service life is shorter than the warranty period and if in the normal use of such an item it is completely worn out before the expiration of the warranty period. Instead of eliminating the defect, the buyer may request an exchange of the item, or if the defect concerns only a part of the item, a replacement of the part, if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect. Instead of eliminating the defect, the seller can always replace the defective item with a perfect one, if this does not cause serious difficulties for the buyer. In the case of a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defects, the buyer has the right to exchange the thing or has the right to withdraw from the contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the thing due to the recurrence of the defect after repair or for a larger number of defects. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the item. Defective situation liability rights apply to the seller at the registered office. However, if the warranty service is stated in the warranty card, which is closer to the seller's place or to the place for the buyer, the buyer will exercise the right to repair in the warranty service. The warranty service is obliged to carry out the repair within 30 days at the latest. If the item is replaced, the warranty period begins to run again from the receipt of the new item. The same applies if the part for which the warranty has been provided is replaced. Complaint handling means the termination of the complaint procedure by handing over the repaired product, replacement of the product, return of the purchase price of the product, payment of a reasonable discount on the product price, written request to take over the performance or reasoned rejection.

When making a complaint, the seller shall determine the method of handling the complaint immediately or in complex cases no later than 3 working days from the date of the complaint, in justified cases, especially if a complex technical assessment of the product or service is required, no later than 30 days from the date of the complaint. After determining the method of handling the complaint, the complaint will be settled immediately, in justified cases, the complaint can be settled later; however, the settlement of the complaint may not take longer than 30 days from the date of the complaint. After the expiration of the period for handling the complaint, the buyer has the right to withdraw from the contract or has the right to exchange the product for a new product. If the buyer has made a complaint about the product during the first 12 months from the purchase, the seller can handle the complaint by rejection only on the basis of professional judgment; regardless of the result of the professional assessment, it will not require the buyer to pay the costs of the professional assessment or other costs related to the professional assessment. The seller is obliged to provide the buyer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint. If the buyer has filed a complaint about the product 12 months after the purchase and the seller has rejected it, the seller shall state in the document on the handling of the complaint to whom the buyer can send the product for professional assessment. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related expediently incurred costs, shall be borne by the seller, regardless of the result of the expert assessment. If the buyer proves the seller's responsibility for the defect by professional assessment, he can file a complaint again; the warranty period does not run during the professional assessment. The seller is obliged to reimburse the buyer within 14 days from the date of re-application of the complaint all costs incurred for professional assessment, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected. The seller is obliged to issue a confirmation to the buyer when making a complaint. If the complaint is lodged by e-mail, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint; A confirmation of the claim need not be delivered if the buyer has the opportunity to prove the claim in another way.



The warranty does not cover defects caused by:

• mechanical damage to the goods caused by the buyer after taking over the product,

• using the goods contrary to the manufacturer's instructions,

• using the goods in conditions that do not correspond to the environment for which the goods are intended,

• unprofessional intervention in the use or neglect of care and maintenance of the goods,

• excessive loading in conflict with the conditions specified in the documentation for the goods, general principles, technical standards or safety regulations in force in the Slovak Republic,

• when transporting the product after receipt by the buyer,

• water, fire, static or atmospheric electricity or other force majeure,

• using components other than those used by the manufacturer, supplier or retailer,

• repair or modification of the goods by persons who are not authorized to perform warranty repairs,

• wear characteristic of the material or use.

If the buyer complains about the above defects, the complaint can be reasonably rejected.



 

Return of goods - withdrawal from the contract without giving a reason


The buyer is entitled to withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods. Only the consumer can exercise this right. The goods shall be deemed to have been taken over by the buyer at the moment when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if 

  1. the goods ordered by the buyer in one order are delivered separately 
  2. delivers goods consisting of several parts or pieces, at the moment of taking over the last part or the last piece, 
  3. delivers the goods repeatedly during a defined period, at the moment of taking over the first delivered goods. 

The buyer may withdraw from the contract, the subject of which is the delivery of goods, even before the beginning of the period for withdrawal from the contract. 

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

• the sale of goods made to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer,

• the sale of goods which are subject to rapid deterioration or deterioration,

• the sale of goods enclosed in a protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery

• sale of goods which, due to their nature, may be inextricably mixed with other goods after delivery.

The buyer can exercise the right to withdraw from the contract in writing or on another durable medium (eg by e-mail), or by sending a completed form, which is available at the following address:

Withdrawal form



The right to withdraw from the contract can be exercised by sending a notice of withdrawal from the contract on the last day of the 14-day period.


Upon receipt of the notice of withdrawal, the seller shall return to the buyer, within 14 days at the latest, all payments received from him under or in connection with the contract, including transport, delivery and postage and other costs and fees. The seller will refund the payment in the same way as the buyer used for his payment. The buyer can agree with the seller on another method of refund.

The seller is not obliged to reimburse the buyer for additional costs if the buyer has explicitly chosen a different method of delivery than the cheapest standard method of delivery offered by the seller. Additional costs are the difference between the delivery costs chosen by the buyer and the costs of the cheapest standard delivery method offered by the seller.

Upon withdrawal from the contract, the seller is not obliged to return the payments to the buyer before the goods are delivered to him or until the buyer proves the return of the goods to the seller, unless the seller suggests that he pick up the goods in person or through a person authorized by him.

The buyer is obliged to send the goods back or hand them over to the seller or a person authorized by the seller to take over the goods no later than 14 days from the date of withdrawal from the contract. This time limit shall be deemed to have been observed if the goods were handed over for transport not later than the last day of the time limit. 

Upon withdrawal from the contract, the buyer bears only the cost of returning the goods to the seller or the person authorized by the seller to take over the goods and also the cost of returning the goods, which due to its nature can not be returned by mail. The buyer is responsible for the reduction in the value of the goods, which arose as a result of such handling of the goods, which is beyond the scope of treatment necessary to determine the properties and functionality of the goods. 

After delivery of the goods, the buyer has the opportunity to test its functionality, but 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 only handle and inspect the goods in the way that would be possible for him in the "stone" shop. The buyer is required to handle and inspect the goods with due care during the withdrawal period. For example, purchased sportswear should only be tested by the buyer, but should not be worn, and the goods should be returned with the original tags or other protective or identification means.

Goods return:

The buyer shall notify by e-mail or telephone the return or exchange of goods. The seller will then send a form to fill in the data needed to return, exchange goods or replace damaged parts. Based on the filled in data, the courier company will take over the goods for return or deliver an exchange of spare parts, The buyer never sends the goods at his own expense.




Alternative dispute resolution


The buyer - the consumer - has the right to contact the seller with a request for redress (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 to this request in the negative or does not respond within 30 days of its dispatch, the consumer has the right to file a motion to initiate alternative dispute resolution to the subject of alternative dispute resolution (ADR entity) under Act 391/2015 Coll. ARS subjects are bodies and authorized legal entities according to §3 of Act 391/2015 Coll. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk. The consumer may submit the proposal in the manner specified pursuant to §12 of Act 391/2015 Coll.

The consumer can also lodge a complaint through the RSO Alternative Dispute Resolution platform, which is available online at https://ec.europa.eu/consumers/odr/main/index.cfm.

Alternative dispute resolution can only be used by the consumer - a natural person who does not act within the subject of his business activity, employment or profession when concluding and fulfilling a consumer contract. Alternative dispute resolution only concerns a dispute between a consumer and a seller arising out of or in connection with a consumer contract. Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating ADR up to a maximum of EUR 5 including VAT.