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Business terms and conditions
A general provision
These terms and conditions apply to purchases in the online store www.edmparts-penta.com, which is operated by:
PENTA SLOVENSKO, s.r.o., seated at Hodžova 4944, Poprad 058 01, Company ID: 31725791, VAT ID: SK2020516289, registered in the Companies Register of the District Court Prešov, sec. SRO, insertion No.: 2967/P, email: madar@penta-edm.sk, tel. +421/52 4180 201-3, mobile: +421 903 904 874
The operator is a VAT payer.
The business conditions are
part of the concluded purchase contract between the seller on the one part, and
the buyer on the other. All contractual relations are concluded in accordance
with the law of the Slovak Republic. In the event that the contracting party is
a consumer, the relations not regulated by these terms and conditions are
governed by the Act no. 40/1964 Coll., Civil Code, Act no. 250/2007 Coll., on
consumer protection, 102/2014 Coll. on consumer protection in the sale of goods
or provision of services based on a contract concluded at a distance, or a
contract concluded outside the premises of the seller, by the Act no. 22/2004
Coll., on electronic commerce, Act no. 391/2015 Coll., the Act on alternative
resolution of consumer disputes and on amendments to certain acts, all as
amended. In the event that the contracting party is an entrepreneur, the
relations not regulated by these terms and conditions are governed by the Act
no. 513/1991 Coll. as amended
Definition of terms
A consumer contract is any contract, regardless of the legal form, concluded by the supplier with the consumer.
A seller (supplier) is a person who, in concluding and performing the consumer contract, acts within the scope of its business line or profession, or a person acting in its name or on its account.
A Buyer - consumer is a natural person who does not act within the scope of his/her business line, employment or profession when concluding and fulfilling the consumer contract.
An order
and the conclusion of purchase contract
The buyer chooses the product based on the current offer published on the website www.edmparts-penta.com, confirms this choice by clicking on the "Add to cart" button. After the shopping completion, the customer displays the contents of the cart by clicking on the cart icon located in the upper right corner, checks its contents, clicks on the "Continue to shipping and payment" button, where s/he fills in the required information, and step by step fills in the necessary data to successfully complete the order (address, email, etc.), which will be confirmed by clicking on the "Submit the order with a payment obligation" button.
Orders placed through the online store www.edmparts-penta.com are binding. By sending the order, the buyer confirms that s/he has read and agrees to these terms and conditions, which is also confirmed by an active click before sending the order.
The proposal for concluding the contract is the placement of the offered goods on the website www.edmparts-penta.com; the contract is created by sending the order by the buyer and receipt of the order by the seller. The seller will immediately confirm this receipt to the buyer's email, but this confirmation does not affect the creation of the purchase contract. The contract concluded in this way cannot be changed unilaterally (the contract concluded in this way can be changed by agreement of both parties).
Information about the individual steps leading to the conclusion of the contract results from these terms and conditions, and the buyer always has the opportunity to check or correct the order before sending the order.
The contract is concluded in Slovak or English, if the circumstances on the part of the seller or the buyer do not prevent it, it is possible to conclude the contract in another language that is understandable to both parties.
Prices
The prices of individual products are listed not including a value added tax (VAT) and all other taxes. The consumer has the opportunity to become acquainted with the period during which the seller is bound by its offer, including the price.
All special offer prices are valid until stocks are sold out, unless otherwise stated for a specific product.
The final price is stated in the order form just before sending the order, it not includes VAT, and includes all other taxes and fees (packaging, postage ...), which the consumer must pay to obtain goods or services. This price cannot be changed unilaterally by the seller.
If the contracting party is an entrepreneur, the proposal for concluding the purchase contract is an order by the entrepreneur, and the contract is created only by a binding confirmation of the order of the ordered products by the seller.
Payment
conditions
The buyer pays the purchase price to the operator through:
- by bank transfer to an account (0 EUR)
- by payment card through the payment gateway (0 EUR)
Delivery conditions
The goods are delivered via the DPD courier service within the EU.
The goods that are in stock and are ordered no later than at 12:00 a.m. on a business day are shipped no later than the next business day, and are usually delivered on the next business day from the date of the order receipt. The above applies to orders within Slovakia.
In the case of payment by bank transfer, the goods are dispatched no later than the next business day after the amount is credited to the seller's account, and are usually delivered within two business days from the date of the payment receipt.
Slovakia (delivery within 24 hours)
DPD courier service from 0.1kg to 31.5kg........... € 7.80 exclusive of VAT
DPD courier service from 31.510kg to 73.0kg......... €16.60 exclusive of VAT
DPD courier service from 31.510kg to 73.0kg.........€ 16.60 exclusive of VAT
DPD courier service from 10kg to 20kg......... €13.40 exclusive of VAT
DPD courier service from 20kg to 31.50kg......... € 15.00 exclusive of VAT
DPD courier service from 31.5kg to 73kg......... € 30.00 exclusive of VAT
Czech Republic, Hungary, Poland (delivery within 1-2 days)
DPD courier service from 0.1kg to 3kg........... € 7.10 exclusive of VAT
DPD courier service from 3kg to 10kg......... € 8.50 exclusive of VAT
DPD courier service from 10kg to 20kg......... €9.90 exclusive of VAT
DPD courier service from 20kg to 31.50kg......... € 11.30 exclusive of VAT
DPD courier service from 31.5kg to 73kg......... € 22.60 exclusive of VAT
Germany (delivery within 2-3 days)
DPD courier service from 0.1kg to 3kg ...............€10.20 exclusive of VAT
DPD courier service from 3kg to 10kg.........€ 11.70 exclusive of VAT
DPD courier service from 10kg to 20kg.........€ 13.40 exclusive of VAT
DPD courier service from 20kg to 31.50kg.........€ 15.00 exclusive of VAT
DPD courier service from 31.5kg to 73kg.........€ 30.00 exclusive of VAT
Belgium, Denmark, France, Netherlands, Croatia, Luxembourg, Slovenia, Italy, Monaco (delivery within 3-5 days)
DPD courier service from 0.1kg to 3kg........... € 25.40 exclusive of VAT
DPD courier service from 3kg to 10kg.........€ 27.70 exclusive of VAT
DPD courier service from 10kg to 20kg.........€ 30.80 exclusive of VAT
DPD courier service from 20kg to 31.50kg.........€ 32.80 exclusive of VAT
DPD courier service from 31.5kg to 73kg.........€ 65.50 exclusive of VAT
Bulgaria, Estonia, Finland, Ireland, Lithuania, Latvia, Portugal, Romania, Spain, Sweden (delivery within 3-5 days)
DPD courier service from 0.1kg to 3kg...........€ 62.40 exclusive of VAT
DPD courier service from 3kg to 5kg...........€ 75.40 exclusive of VAT
DPD courier service from 5kg do 10kg.........€ 87.10 exclusive of VAT
DPD courier service from 10kg do 20kg.........€ 105.30 exclusive of VAT
DPD courier service from 20kg do 31.50kg.........€ 119.60 exclusive of VAT
Greece, Switzerland (delivery within 3-4 days), Ukraine (delivery within 6-9 days)
DPD courier service from 0.1kg to 3kg...........€ 106.60 exclusive of VAT
DPD courier service from 3kg to 5 kg...........€ 127.40 exclusive of VAT
DPD courier service from 5kg do 10kg.........€ 139.90 exclusive of VAT
DPD courier service from 10kg do 20kg.........€ 149.50 exclusive of VAT
DPD courier service from 20kg do 31.50kg.........€ 159.90 exclusive of VAT
Warranty, a warranty certificate
As the sold goods are used (second-hand), the warranty period is 1 year and starts from the receipt of the goods by the buyer (natural person).
The buyer entrepreneur (a legal entity) is provided with a warranty period of 1 month from the receipt of goods.
At the request of the buyer, the seller is obliged to provide a written guarantee (warranty certificate). If the nature of the item allows it, it is sufficient to issue a proof of purchase instead of a warranty certificate.
The warranty certificate contains the seller's name (name and surname, business name or name of the seller, its registered office or place of business), the content of the warranty, its scope and conditions, the length of the warranty period and the data necessary to claim the warranty. If the warranty certificate does not contain all the requisites, this does not invalidate the warranty.
By a statement in the warranty certificate issued to the buyer or in the advertisement, the seller may provide a warranty exceeding the scope of the guaranteed warranty; the conditions and scope of this warranty shall be determined by the seller in the warranty certificate.
The warranty does not cover normal wear and tear, mechanical damage, etc.
Compliance
with the purchase contract
The item sold must have the required or statutory quality, quantity, measure or weight and must be free from defects, in particular it must comply with binding technical standards. If special rules need to be observed when using the item, especially if the use is governed by instructions or is regulated by a technical standard, the seller is obliged to acquaint the buyer with them, unless these are generally known rules. If the seller does not fulfil this obligation, it is obliged to compensate the buyer for the damage that has arisen.
Failure to accept the goods
The buyer consumer will visually check the quality and quantity of the product immediately after receipt and contact the seller in case of discrepancies. In the event that the shipment is visibly damaged upon receipt from the carrier, the buyer does not accept the goods, draws up the protocol with the carrier and informs the seller of this fact in order to agree on further action.
If the buyer does not take over the ordered goods without a proper withdrawal from the contract or without the shipment being visibly damaged, s/he is obliged to pay the seller the costs incurred with processing the order and sending it in the amount of transport costs.
The buyer entrepreneur is obliged to visually check the quality and quantity of the product immediately after receipt and, if it does not match the order, immediately, no later than the next working day after delivery of the product, to contact the seller. If the buyer fails to inspect the goods or to ensure that they are inspected by a person authorized by him/her, s/he can claim for defects detectable during this inspection only if s/he proves that the goods already had these defects at the time of the risk of damage to the goods transfer.
In the event of non-acceptance of the ordered products by the buyer entrepreneur at the address specified by the buyer without prior agreement with the seller on the cancellation of the contract, or cancellation of the order, the seller is entitled to reimbursement of costs related to shipping the ordered products in the amount of shipping costs. This does not affect the right to compensation.
Complaint and its application
If the subject of the complaint is taken over by the seller on a later day than the date of the complaint, the deadlines for handling the complaint under this paragraph begin from the date the seller takes over the subject, but at the latest from the moment the seller prevents or disables the subject of complaint takeover.
Consumer
The seller is responsible for the defects the sold item has when taken over by the buyer.
If it is a defect that can be remedied, the buyer has the right to have it remedied, free of charge and properly. The seller is obliged to remedy the defect without undue delay. Instead of the defect remedy, 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 defect severity. Instead of the defect remedy, the seller can always exchange the defective item for a faultless one, if this does not cause serious difficulties for the buyer.
If it is a defect that cannot be remedied and it prevents the item 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 buyer has the same rights in the case of remediable defects, but the buyer cannot properly use the thing due to the recurrence of the defect after repair, or due to 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.
The seller is obliged to determine the method of handling the complaint immediately, in difficult cases no later than 3 working days from the date of filing 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 consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.
The period from the exercise of the right from liability for defects until the end of the complaint procedure (delivery of the repaired product, written request to take over the performance or its reasoned rejection) is not included in the warranty period. In the case of exchanging a thing for a new one, the new warranty period begins to run from its receipt.
The seller is obliged to deliver the confirmation of the complaint to the consumer 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 settlement. The confirmation of the complaint does not have to be delivered if the consumer has the opportunity to prove the filing of complaint in another way.
In the event of filing the complaint, the consumer will send the goods packed in a package suitable for transport together with a description of the defect and a copy of the proof of purchase (or a warranty certificate, if issued) to the seller's address:
PENTA SLOVENSKO s.r.o.
Hodžova 4944
05801 Poprad
Slovak Republic
e-mail: madar@penta-edm.sk
telephone: +421 903 904 874
The buyer has the right to reimbursement of the necessary costs incurred in connection with the exercise of rights from liability for defects (with filing the complaint).
Entrepreneur
The rights and obligations in exercising the rights from liability for defects are governed by the Act no. 513/1991 Coll., Commercial Code.
The buyer entrepreneur is obliged to file a complaint immediately upon the detection of defect; otherwise, his/her rights from liability for defects expire in full.
Delivery of the product in another quantity is considered a minor breach of contract against the entrepreneur.
Withdrawal from the contract
The consumer is entitled to withdraw from the contract without giving a reason within 14 days from the date of the goods receipt, or from the date of concluding the contract for the provision of services. The withdrawal period is maintained if the consumer's expression of intent to withdraw is sent (by mail, email, form, etc.) to the seller no later than on the last day of the period.
The consumer is entitled to withdraw from the contract, the subject of which is the goods delivery, even before the beginning of the period for withdrawal from the contract.
The consumer´s withdrawal from the contract terminates the contract from the beginning. The seller shall take back the goods or discontinue the provision of the service, return to the consumer no later than 14 days from the date of withdrawal from the contract (but not before the goods are delivered to the seller or otherwise sent to the consumer) the price paid for the goods or services or an advance payment (including postage, transport, delivery, etc., paid by the buyer for the delivery of the goods to him/her) paid by the consumer for the goods or services, including the costs incurred by the consumer in ordering the goods or services. The seller is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a delivery method other than the cheapest delivery method offered by the seller. The cost of returning the goods is borne by the consumer. The consumer will send a statement of intent to withdraw from the contract to the seller's registered office or by e-mail or by a withdrawal form, and at the same time, the consumer is obliged to send the goods back to the registered office within 14 days of withdrawal (not cash on delivery, such shipments will not be accepted):
PENTA SLOVENSKO
s.r.o.
Hodžova 4944
05801 Poprad
Slovak Republic
e-mail: madar@penta-edm.sk
telephone: +421 903 904 874
In the event that the consumer withdraws from the contract via e-mail or withdrawal form, the seller is obliged to provide him/her with a confirmation immediately upon the receipt of such withdrawal.
Within the statutory period for withdrawal from the contract without giving a reason (14 days from the receipt of the goods), the consumer is entitled to test the goods within the handling necessary to determine the properties and functionality of the goods, otherwise the consumer is responsible for the goods value reduction. The seller will return to the consumer the purchase price already paid or part thereof within the statutory 14-day period by the same method of payment used by the consumer to obtain the goods or services, or by another method of payment upon the agreement with the consumer.
Due to the fact that in case of withdrawal the contract is cancelled from the beginning, the contracting parties will return or compensate all mutually accepted performances.
Unless the seller and the consumer agree otherwise, the consumer may not withdraw from a contract the subject of which is:
a) the provision of the service, if its provision has begun with the consumer's express consent and the consumer has been duly informed that, by giving his/her consent, s/he loses the right to withdraw from the contract after the service has been provided in full, and if the service has been provided in full;
b) the sale of goods or the provision of services, the price of which depends on price movements in the financial market which the seller cannot influence and which may occur during the withdrawal period,
c) the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for a single consumer,
d) the sale of goods which are subject to rapid drop in quality or deterioration,
e) the sale of goods enclosed in protective packaging which cannot be returned for health or hygienic reasons and whose protective packaging has been broken after delivery,
f) the sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
g) the sale of alcoholic beverages, the price of which was agreed at the time of concluding the contract, whereby their delivery is possible at the earliest after 30 days and their price depends on market price movements, which the seller cannot influence,
h) performing urgent repairs or maintenance explicitly requested by the consumer from the seller; this does not apply to service contracts and contracts having as its subject the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not pre-order these services or goods,
i) the sale of sound recordings, video recordings, sound-video recordings, books or computer software sold in protective packaging, if the consumer has unpacked that packaging,
j) the sale of periodicals, with the exception of sales under a subscription agreement, and the sale of books not supplied in protective packaging,
k) the provision of accommodation services for purposes other than accommodation, the transport of goods, car rental, the provision of catering services or provision of services related to leisure activities, and according to which the seller undertakes to provide these services at the agreed time or within the agreed deadline,
l) the supply of electronic content other than on a tangible medium, provided that the supply has begun with the consumer's express consent, and that the consumer has stated that s/he has been duly informed that, by giving his/her consent, s/he loses the right of withdrawal.
The buyer entrepreneur can cancel the order within 24 hours of the order confirmation by the seller, but the cancellation of the confirmed order entitles the seller to a contractual penalty of EUR 18 towards the buyer entrepreneur.
Supervisory
body
Supervision over compliance with the obligations of the operator is the Slovak Trade Inspection, STI Inspectorate for the Košice Region, Vrátna no. 3, 043 79 Košice 1, Department of Technical Product Control and Consumer Protection and Legal Department, tel. no. : 055/6220 781, fax. no .: 055/6224 547.
Link for filing complaints and grievances:https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
Alternative dispute resolution
Pursuant to Act no. 391/2015 Coll. on alternative dispute resolution (ADR) of consumer disputes and on the amendment of certain laws, the consumer is entitled to turn to the seller for redress if s/he is not satisfied with the way the seller handled his/her complaint, or if s/he believes that the seller has violated his/her rights. If the seller has responded to this request in a negative manner or has not responded to it within 30 days of its sending, the consumer has the right to apply for the initiation of ADR of the ADR entity. The possibility to apply to the court is not affected by the filing of the motion.
The entities that are entitled to resolve alternative disputes between the seller and the consumer are the Slovak Trade Inspection Authority or another entity maintained in the list of alternative dispute resolution entities kept by the Slovak Republic Ministry of Economy .
Alternative Dispute Resolution by the ADR authorities are free of charge, the ADR entity may publish a fee for the initiation proposal on its website, but the fee may not exceed EUR 5.
Final
provisions
These business terms and conditions apply in the version given on the website www.edmparts-penta.com on the date of sending the order by the buyer, who unconditionally accepts them and confirms it also by a click before sending the order. The operator reserves the right to change or amend the terms and conditions. These terms and conditions take effect on 01.01.2022.