General commercial terms and conditions of the www.molniya-watches.com online shop
1.1 These terms and conditions apply to purchases in the www.molniya-watches.com online shop, further define and specify the rights and obligations of seller and buyer and form an integral part of the purchase agreement between seller and buyer.
1.2 All contractual relations between the Seller and the Buyer shall be governed by the legislation of the Slovak Republic, in particular by Law No. 40/1964 of the Code of Laws, the Civil Code as amended (hereinafter, the “Civil Code”), Law No. 250/2007 of the Code of Laws, the Consumer Protection Law as amended (hereinafter, the “Consumer Protection Law”), Law No. 102/2014 of the Code of Laws on consumer protection in the sale of goods or provision of services under a distance contract or a contract entered into outside the seller’s premises and on amending and supplementing certain acts, as amended (hereinafter, the “Consumer Protection Law with Distance Contracts”) and these Commercial Terms and Conditions.
2.1 The Seller is Molnija watch company s.r.o., with registered office at Karola Adlera 1932/1, Bratislava – Dubravka 841 02, registered in the Commercial Register of the District Court Bratislava I, Section Sro, individual number 122960/B, Company ID: 2120617048, VAT ID No.: SK2120617048.
2.2 The Customer (hereinafter also Consumer) is a customer of www.molniya-watches.com online shop, a consumer, i.e. a natural person who, when entering into and performing a consumer contract, acts outside his or her business for hire or profession. Purchases made by a commercial entity are governed by Law No. 513/1991 of the Code of Laws, Commercial Code.
III.Goods, prices and payment for goods
3.1 The items sold at the Seller’s online shop are goods (hereinafter, the “Goods”). The Seller declares that the goods sold to the Buyer correspond to the description offered by the Seller to the Buyer in the online shop. The photos accompanying the description of the Goods are illustrative only and may differ from the actual Goods. Upon the Buyer’s request, the online shop manager shall provide (by telephone or e-mail) additional information that is necessary and sufficient from the Buyer’s point of view to make a decision on the purchase of the goods. The quality of the goods must comply with the requirements laid down in the certificates of conformity or other documents defining the quality of the goods. The online shop does not guarantee that the goods ordered and displayed on the website will fully match the colour, shape and other characteristics of the goods actually received. If the actual goods do not meet the Buyer’s expectations, the Buyer may return the goods to the Seller in accordance with Article VII hereof.
3.2 Prices in the online shop are always correct and valid. All prices are quoted as final, including VAT.
3.3 The prices quoted for the Goods relate to the Goods themselves and do not include any other services, transport or any other costs unless expressly stated in the description.
3.4 The Seller shall retain ownership of the Goods until full payment of the purchase price. Delivery prices are only quoted during the ordering process in the online shop.
3.5 The Seller shall reserve the right to change the prices of the goods offered without prior notice.
3.6 Payment for an order can be made in several ways, including payment by credit card.
3.7 The Buyer shall pay the full price of the Goods (100% prepayment). Orders not paid within 10 working days will be cancelled.
4.1 After selecting the desired goods, the Buyer shall fill in the necessary data in the order (name, telephone number, contact e-mail address, delivery address, postal code). When placing an order, the Buyer must provide reliable data so that the order can be processed. The Seller shall not be liable for the accuracy or reliability of the data provided by the Buyer, nor for the consequences that any inaccurate or invalid information may have. If the Buyer enters incorrect information or if the online shop has reason to believe that the information provided is incomplete and/or inaccurate, the online shop may refuse to process the orders.
4.2 When ordering goods at night, on weekends or public holidays, the order shall be deemed received by the Seller at 10.00 a.m. on the next working day.
4.3 The Buyer’s order shall constitute a draft purchase agreement, and the purchase agreement itself shall be concluded at the moment of receipt of binding acceptance of the draft purchase agreement by the Seller in the form of an e-mail sent to the e-mail address specified by the Buyer in the order. The Seller shall send confirmation of conclusion of the purchase agreement to the Buyer together with the goods. The Seller shall confirm acceptance of the Buyer’s order to the Buyer by an information e-mail sent to the Buyer’s e-mail address specified in the Buyer’s order. The said information letter does not yet constitute acceptance of the order. Such acceptance shall be delivered to the Buyer by separate e-mail.
4.4 By submitting an order, the Buyer confirms that he/she has read these terms and conditions and agrees to them. Moreover, by submitting the order, the Buyer acknowledges that the order is linked to a payment obligation. The Buyer shall also declare that the Buyer has not incurred any costs in connection with the conclusion of the agreement with the Seller by means of distance communication and does not object to the conclusion of the agreement with the Seller by means of distance communication.
4.5 If the Seller fails to perform the agreement due to its inability to deliver the ordered goods, he/she shall immediately notify the Customer thereof and return the price paid for the goods within 14 working days, unless the Seller and the Customer agree otherwise.
4.6 If a purchase agreement is not concluded (e.g. due to unavailability of goods) at a time when the buyer has already paid part or all of the purchase price, this amount shall be returned to the buyer’s account within 14 working days following notification of the non-conclusion of the agreement.
4.7 Once the Purchase Agreement has been concluded, the Purchase Agreement shall be binding on the parties thereto.
4.8 Once an order has been formed and sent, it cannot be changed. The Buyer has the option of cancelling the order and placing a new order within 24 hours of sending it.
V.Terms of delivery
5.1 Goods ordered shall be delivered by a courier service. The Seller shall reserve the right to change or propose a change in personal receipt in the event of facilitating the delivery of the goods to the Buyer. The Seller shall inform the Buyer of such a change and the proposed change shall be made by mutual agreement. In the case of courier delivery, the cost of courier delivery shall be added to the price of the goods before completing the order, depending on the country of delivery. The goods ordered will only be handed over for delivery once the money has been credited to the Seller’s account.
5.2 Once the goods have been sent, a tracking code shall be sent to the Buyer.
5.3 The Buyer shall inspect the goods for obvious damage before accepting the goods from the carrier. The Buyer must report such damage to both the carrier and the Seller without undue delay. The Seller shall not be liable for any damage to the goods as a result of their transport.
6.1 An order can be cancelled by e-mail to firstname.lastname@example.org within 24 hours of sending. If the Buyer has paid for the ordered goods and duly cancels the order in accordance with the above, the purchase price paid shall be refunded to the Buyer by electronic transfer to the Buyer’s account within five (5) working days from the date on which the Buyer withdrew his/her order.
6.2 The Seller shall reserve the right not to fulfil the order or any part thereof if the goods are out of stock or if the price of the goods has changed significantly. If such a situation arises, the Seller shall immediately contact the Buyer to agree on further action. If the Buyer has already paid part or all of the purchase price, the purchase price shall be refunded by electronic transfer to the Buyer’s account as soon as possible.
6.3 The Seller shall reserve the right to cancel an order for goods if the Buyer chooses to receive the ordered goods in person as a delivery option and does not accept the ordered goods within 10 days of sending the order.
VII.Withdrawal from the purchase agreement
7.1 The Buyer, as a Consumer, may withdraw from the contract without giving a reason within 14 calendar days of receipt of the goods, in accordance with §7 of the Consumer Protection Law for distance agreements. The withdrawal period shall be maintained if the Consumer gives notice of the exercise of the right of withdrawal prior to the expiry of the withdrawal period.
7.2 If the Consumer exercises his/her right to withdraw from the goods, he/she must hand over to the Seller everything he/she has received under the agreement. If this is no longer possible (e.g. the goods have been damaged or destroyed in the meantime), the Consumer must provide monetary compensation to replace what can no longer be transferred. If the returned goods are only partially damaged, the Seller may claim damages from the Consumer and offset his/her claim against the returned purchase price. In this case, the Seller must only refund the Consumer the purchase price that has been reduced in this way. If the goods supplied fully meet the quality requirements and have no defects, the Seller may reduce the purchase price to be returned to the Consumer by the amount of his/her actual expenses incurred in returning the goods. The Consumer shall be liable for any reduction in the price of the goods as a result of handling them in a manner other than that which is necessary to determine the nature, characteristics and functionality of the goods.
7.3 The Consumer may not withdraw from the agreement in the event of delivery of goods that are not returnable due to their characteristics.
7.4 The procedure for withdrawing from the agreement is that the Consumer sends an unequivocal declaration in writing to the correspondence address of the Seller that he/she is withdrawing from the agreement, in which he/she must state the details of the Seller (see above), details of the Consumer, order number, date of purchase and address or his/her agreement number. The Consumer must date and sign the withdrawal. Once the goods have been rejected and returned (or proof that the goods have been sent to the Seller), the Consumer shall be refunded any payments made by the Consumer in connection with the agreement. If the Consumer withdraws from the agreement, he/she shall only bear the cost of returning the goods to the Seller. Payments shall be returned to the Consumer within 14 days of receipt of the Consumer’s notice of withdrawal, but not before the goods have been returned. The return of the money shall be made by the same method used by the Consumer to pay for the goods, unless the Consumer and the Seller have explicitly agreed otherwise. This amount shall be refunded without any additional charges.
7.5 The Consumer must return the goods to the Seller no later than 14 days after exercising the right to withdraw and may do so by sending it to the Seller’s address. The deadline shall be deemed to have been met if the Consumer sends the goods back before the 14-day period has elapsed. The Consumer shall send the parcel by registered post with insurance to the address indicated, as the Seller shall not be liable for its possible loss. Shipments returned by cash on delivery shall not be accepted by the Seller.
7.6 Payment for the goods purchased shall only be returned to the Consumer upon delivery of the returned goods back to the Seller’s address or upon presentation of proof of sending the goods back, whichever comes first. If the delivered goods fully meet the quality requirements, the costs of returning the goods to the Seller shall be borne entirely by the Buyer. The goods must be returned to the Seller complete, with full documentation, unused, undamaged, clean, preferably in their original packaging and in the condition and value in which they were received by the Buyer.
7.7 If any of the above conditions are not met, resulting in a failure to demonstrate service of the withdrawal within the specified period (for example, only the return of the returned goods without any expression of intention to withdraw), the withdrawal shall not be accepted and the goods shall be returned back at the sender’s expense.
7.8 The Seller may withdraw from the purchase agreement if the goods ordered cannot be delivered due to lack of stock or if the Buyer fails to fulfil his/her obligations in relation to the fulfilment of the order.
VIII.Complaints about goods
8.1 The Seller shall be liable for defects in the goods at the time of receipt by the Buyer. The Seller shall be liable for defects occurring after receipt of the goods during the warranty period (guarantee).
8.2 The warranty period for new goods shall be 24 months from the date of receipt of the goods by the Buyer.
8.3 If goods purchased from the Seller’s online shop are defective, the Buyer may lodge a claim against the Seller for defects in the goods.
8.4 Changes in the characteristics of the goods that occur during the warranty period as a result of wear and tear, misuse or misapplication, improper or negligent basic maintenance, improper intervention by the Buyer or a third party and/or improper storage of the goods shall not be considered as a defect in the goods.
8.5 If the Consumer wishes to make a complaint about the goods, an e-mail must be sent to email@example.com, indicating the subject of the e-mail as COMPLAINT. In the message, the Buyer must indicate the name of the goods for which the complaint is made, describe the reason for the complaint and attach a copy of the invoice or proof of payment.
8.6 If the complaint is submitted by means of distance communication, the Seller shall immediately give the Consumer confirmation of receipt of the complaint. If for any reason it is not possible to give the confirmation immediately, the Seller must give it without undue delay, but no later than together with the proof of consideration of the complaint.
8.7 If the Buyer timely and duly exercises the right of liability for defects in the goods sold, the Seller must decide on the complaint immediately, in more complicated cases within three working days. The time required for the professional assessment of the defect shall not be included in this period. After determining the method of complaint consideration, the complaint must be considered immediately; in justified cases, the complaint may be considered later, but the consideration shall not take more than 30 days from the date of its submission. After the expiry of the complaint period, the Buyer may withdraw from the agreement or may exchange the goods for a new one.
8.8 If the Buyer has made a complaint about the product within the first 12 months of purchase, the Seller may reject the complaint only on the basis of a professional assessment; regardless of the results of the professional assessment, the Seller shall not claim from the Buyer the costs of the professional assessment or any other costs associated with the professional assessment. The Seller shall provide the Buyer with a copy of the professional assessment justifying the rejection of the complaint no later than 14 days from the date of consideration of the complaint. If the Buyer has made a complaint about the goods after 12 months from the date of purchase and the Seller has rejected it, the Seller shall specify in the complaint document to whom the Buyer may send the goods for examination. If the goods are sent to an authorised person for examination, the costs of the examination as well as any other costs reasonably incurred in connection therewith shall be borne by the Seller, irrespective of the results of the examination. If the Buyer proves the Seller’s liability for the defect by carrying out an expert examination, the Buyer may reiterate the complaint; the warranty period does not count against the period of the expert examination. The Seller shall reimburse the Buyer all costs incurred in connection with the examination as well as all justified related costs within 14 days from the date of the reiterated complaint. The reiterated complaint cannot be rejected.
8.9 The Buyer may send the goods complained to the Seller’s address. In case of a justified complaint, the Consumer may claim reimbursement of postage costs in the smallest amount necessary for safe delivery (proof of such delivery must be provided). In case of an unjustified complaint, the consumer may not claim reimbursement of his/her costs related to the complaint and at the same time, the Seller may not claim reimbursement of costs incurred on his/her part (except, for example, for a repeated unjustified complaint, when it can already be concluded that it was an abuse of the Consumer’s rights on his/her part).
8.10 Settlement of a complaint means 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 from the product price, a written proposal for acceptance of performance or a reasoned refusal.
8.11 If the goods have a defect that can be repaired, the Purchaser may have it repaired free of charge and in a timely and proper manner. The Seller shall remove the defect without undue delay.
8.12 If the complaint is resolved by repair of the goods, the warranty period shall be extended for the period from the right to rectify the defect until the Buyer must take delivery of the repaired goods. Once the Buyer has exercised one of the rights within the framework of liability for defects, such as the right to repair or a discount, has made a choice and exercised one of the possible rights, he/she is bound by this will and cannot change the choice of right unless he/she agrees otherwise with the Seller.
8.13 If the complaint is resolved by replacing the defective goods with a new one, the warranty period shall begin again as soon as the goods are received.
8.14 The Seller shall assess the validity of the complaint of defect of the goods and, after assessment, shall notify the Buyer by e-mail of the method of settlement of the complaint.
8.15 A removable defect is a defect whose removal (repair) does not affect the appearance, functionality or quality of the goods, can be eliminated without undue delay and whose removal is reasonable. In the event of a removable defect, the Consumer may demand that it be rectified free of charge, in a timely and proper manner. The Seller may always replace a defective good with a proper one instead of repairing the defect, as long as this does not cause serious inconvenience to the Consumer.
8.16 An unremovable defect is a defect that prevents proper use of the goods and that is impossible or impracticable to rectify. If the defect is unremovable and not caused by negligent use by the Consumer, the Consumer may demand replacement of the goods with new and proper goods, or termination of the purchase agreement.
8.17 If the nature of the unremovable defect does not prevent proper use of the goods as defect-free (aesthetic defects…), the Consumer may claim a reasonable discount from the purchase price of the goods. When granting a discount, the nature of the defect, the degree and manner of wear and tear of the goods, the duration of their use and their possibilities of further use shall be taken into account.
8.18 The main requirement for maintaining the good condition of purchased goods and their functionality is proper preventive maintenance by the Buyer in the form of basic maintenance. This Buyer’s obligation is based on generally binding legal rules, according to which everyone has a duty to act in such a way as to prevent damage.
8.19 Before using the goods, the Consumer shall get acquainted with the functions and possibilities of the purchased goods by carefully reading the information on the packaging, on the label or in the instructions for use of the purchased goods and, where applicable, the contents of other documents accompanying the purchased goods.
IX.Alternative dispute resolution
9.1 The Buyer, the Consumer, may request compensation from the Seller (e.g. by e-mail) if he/she is not satisfied with the way the Seller has handled his/her complaint, or if he/she believes that the Seller has violated his/her Consumer rights. If the Seller responds negatively to this request or fails to respond within 30 days of sending the request, the Consumer may submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution organisation (hereinafter, the “ADR organisation”) in accordance with Law No. 391/2015 of the Code of Laws. The ADR entities are the authorities and authorised legal persons as defined in §3 of Law 391/2015 of the Code of Laws. A list of ADR organisations can be found on the website of the Ministry of Economy of the Slovak Republic at www.mhsr.sk. The Consumer may submit an offer in accordance with the procedure laid down in §12 of Law 391/2015 of the Code of Laws.
9.2 The Consumer may also submit a complaint through the ODR alternative dispute resolution platform, which is available online at ec.europa.eu.
9.3 Alternative dispute resolution may only be used by an individual consumer who is not acting within the scope of his/her business, employment or profession when entering into and performing a consumer contract. Alternative dispute resolution shall only apply to disputes between the Consumer and the Seller arising out of or in connection with a consumer contract. Alternative dispute resolution shall only apply to distance contracts. Alternative dispute resolution shall not apply to disputes whose value does not exceed €20. The ADR entity may require the Consumer to pay an ADR initiation fee of not more than €5, including VAT.
10.1 If any provision of these Terms and Conditions is or becomes invalid, this shall not affect the remaining provisions of these Terms and Conditions, which shall remain valid and effective.
10.2 The Seller shall reserve the right to modify these terms and conditions without giving reasons or in the event of changes in any relevant legislation, or in the event of changes in case law relating to the contractual relationship governed by these terms and conditions.
10.3 When electronic messages (e-mail) are delivered, an electronic document shall be deemed to have been delivered when it reaches the addressee’s electronic mailbox. In the case of delivery of documents, delivery shall also be deemed made if the addressee refuses to accept them or if the addressee, through his/her own fault or omission, fails to accept them. In this case, it is deemed to have been delivered when the storage period at the post office has expired, as determined by the sender, and when it is returned to the sender, for which the sender must provide undamaged proof. Notices delivered by courier or postal service shall be deemed to have been delivered when they are received by the addressee. If delivery by courier or postal service fails, delivery shall be deemed to have taken place on the third day after the first delivery attempt, with the delivery attempt confirmed by a statement from the delivery agent.
10.4 All brand identity media, including trademarks and service marks, as well as logos and emblems displayed on the website are the intellectual property of their respective owners. The website user may not reproduce or otherwise use these brand identity media and/or elements thereof without the prior written consent of the relevant copyright or trademark owners.
10.5 Based on these Terms and Conditions, a contractual relationship shall be established between the Buyer and the Seller, which shall be governed by the laws of the Slovak Republic. All disputes relating to claims arising out of or in connection with these Terms and Conditions of Business or purchase agreements concluded on the basis of these Terms and Conditions of Business shall be subject exclusively to the jurisdiction of the courts of the Slovak Republic.
10.6 The Buyer hereby expressly declares that he/she has duly read and taken note of the entire text of the Terms and Conditions. The Buyer also declares that he/she is not aware of any facts which would render these conditions or the purchase agreement concluded on the basis of these conditions invalid in any way with respect to any third party.
Slovak Trade Inspection
STI Bratislava unit
Bajkalská 21/A, 827 99 Bratislava