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General Terms and Conditions of MARCUS TRADE, s.r.o.
Article 1
General provisions
1.1 These terms and conditions apply to purchases in the online store www.marcus.sk. The purpose of these terms and conditions is to define and specify the rights and obligations of the seller (supplier) on the one hand and the buyer (consumer) on the other.
1.2 The seller and operator of the online store www.marcus.sk is MARCUS TRADE, s.r.o., with registered office at: Oravský Podzámok 132, 027 41 Oravský Podzámok, registered in the Commercial Register of the District Court Žilina, Section Sro, Insert No. 50819/L, Company ID (IČO): 44624310, Tax ID (DIČ): 2022756802.
1.3 All contractual relationships between the seller and the buyer are concluded in accordance with the legal order of the Slovak Republic. If the contracting party is a consumer, legal relationships not governed by the marcus.sk terms and conditions shall be governed by Act No. 40/1964 Coll., the Civil Code, as amended, Act No. 250/2007 Coll., the Consumer Protection Act, as amended, and Act No. 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 seller’s business premises, as amended. If the contracting party is an entrepreneur, legal relationships not governed by the marcus.sk terms and conditions shall be governed by Act No. 513/1991 Coll., the Commercial Code, as amended.
Article 2
Definitions
2.1 Seller (supplier) – a person who, when concluding and performing a contract, acts within the scope of their business or other entrepreneurial activity. It is an entrepreneur who offers or sells products to the buyer or provides services, and also an entrepreneur who delivers a product to the buyer directly or through other entrepreneurs.
2.2 Consumer (buyer) – a natural person or legal entity who purchases products or uses services for personal needs or for members of their household and who, when concluding and performing a consumer contract, does not act within the scope of their business or other entrepreneurial activity.
2.3 Buyer who is not a consumer – a person who, when concluding and performing a purchase contract, acts within the scope of their business or other entrepreneurial activity.
2.4 Conclusion of the purchase contract – the buyer’s order constitutes a proposal to conclude a purchase contract. The purchase contract itself is concluded at the moment the seller delivers to the buyer the binding acceptance of the proposal, i.e., the binding confirmation of the order by the seller. From this moment, mutual rights and obligations arise between the buyer and the seller, defined by the purchase contract and these terms and conditions, which form an integral part of the purchase contract.
2.5 A distance purchase contract means a contract between the seller and the consumer negotiated and concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the seller and the consumer, in particular by using a website, email, telephone, addressed letter, or offer catalogue (hereinafter the “purchase contract”).
2.6 Terms and conditions – contractual provisions agreed between the seller and the buyer in this document. By submitting an order, the buyer confirms that they agree with these terms and conditions valid at the time of submitting the order and that they are bound by them from the moment the purchase contract is concluded. By submitting an order, the buyer confirms that they ознакомamil with these terms and conditions before placing the order.
2.7 The operator of the website (e-shop) is the company MARCUS TRADE, s.r.o., with registered office at Oravský Podzámok 132, 027 41 Oravský Podzámok, which is also the seller and the supplier of goods.
2.8 The e-shop is a computer system located on the internet with public access that enables the ordering of goods.
2.9 Goods are all products published on the e-shop website.
2.10 An order is created by confirming the ordering process in the e-shop by selecting goods by the buyer, including the complete filling in of the order form.
Article 3
Information on goods and price
3.1 Information on goods stated in the online store catalogue is drawn from publicly available sources and the official websites of the goods’ manufacturers.
3.2 Images displayed with goods may be illustrative only.
3.3 Prices stated on the store website apply exclusively to purchases made through the online store. The price does not include consulting services, shipping, or any other costs unless stated in the product description. The price of goods is determined according to the valid price list and includes value added tax and recycling fees.
3.4 The buyer acknowledges that information about the availability of goods and the final price of goods may differ from the information shown in the online store catalogue, depending on changes in data from manufacturers and the sell-out of goods from the seller’s or manufacturer’s warehouses. The seller reserves the right to correct the price of goods before dispatch if it is found that the price of the offered goods was not stated correctly. In such a case, the seller must inform the buyer of the correct price and the buyer must agree to the price adjustment. Otherwise, the purchase contract will not be concluded and the order will be cancelled.
3.5 When purchasing goods through the online store, it is not possible to apply any club, membership, bonus, or employee discounts, except where the seller states on the online store that such discounts may be used (e.g., a discount for registration in the e-shop, a discount for repeat purchases, a discount based on a one-time discount coupon, etc.).
Article 4
Ordering goods
4.1 A condition for the validity of an electronic order is the truthful and complete completion of all data and details required by the registration form, including a telephone contact.
4.2 All received electronic orders are considered a contract proposal and are binding.
4.3 The purchase contract on the basis of which the seller sells goods to the buyer arises upon the binding confirmation of the order in the system. An order (or part of it) confirmed by the seller by email is considered binding for both parties unless there is a breach of the conditions agreed at the time of confirmation; at that time, a relationship arises between the buyer and the seller.
4.4 Essential terms are considered mainly: identification of the buyer, the content of the order (exact specification of goods and their quantity), the price for goods and transport, the method of delivery, and the method of payment for goods.
4.5 The buyer will be regularly informed about the status of the order via email. The buyer may be contacted by the seller by phone for the purpose of confirming the order.
4.6 In the case of goods intended specifically for one consumer which the seller does not normally have in its offer, or goods made according to special requirements of the consumer, the consumer may be charged an advance payment of up to 50% of the total price of the ordered goods. The seller will inform the consumer of this. The consumer is entitled to cancel such an order before delivery of the goods and thus withdraw from the purchase contract by paying a cancellation fee in the amount of the paid advance payment, whereby the seller is entitled to offset the advance payment against the cancellation fee.
4.7 If the ordered goods are not available, or for another reason are unavailable, the seller reserves the right to withdraw from the purchase contract. The seller must inform the buyer of this without undue delay. In such a case, the seller is obliged to return to the buyer the advance payment or other performance received from the buyer.
4.8 If the buyer does not pay and/or does not take delivery of the предмет of purchase, the seller is entitled to claim compensation for damage caused by a breach of obligations and also has the right to claim a contractual penalty. The contractual penalty is set at 10% of the price of the subject of purchase. Payment of the contractual penalty does not release the buyer from the obligation to pay the purchase price in full.
4.9 If the buyer is in delay with taking delivery, the seller may store the subject of purchase at the buyer’s expense with the seller, in a public warehouse, or with another custodian.
Article 5
Order cancellation
5.1 The buyer has the right to cancel an order by email without stating a reason within 24 hours of sending it. After the binding confirmation of the order, only in the event that the seller fails to meet the agreed delivery conditions, or by agreement with the seller. In the event of cancellation of a confirmed order, the buyer is obliged to reimburse the seller for the damage incurred by this action. The seller will claim compensation for damage mainly in the case of purchasing goods “to order” that had to be procured at the buyer’s request or if demonstrable costs were already incurred in connection with securing the goods. The cancellation fee may be up to 75% of the total price of the goods.
5.2 The seller reserves the right to cancel the order or part thereof in the following cases:
a) in the case of cash on delivery, it was not possible to confirm the order in a binding manner (incorrectly stated phone number, unreachable, does not respond to emails, etc.),
b) if the buyer did not take delivery of goods in the past or otherwise breached the terms and conditions, or
c) the goods are no longer manufactured or supplied, or the supplier’s price has changed significantly. If this situation arises, the seller will immediately contact the buyer to agree on further steps. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to the buyer’s account or address within 15 calendar days.
d) for other reasons. If this situation arises, the seller will immediately contact the buyer to agree on further steps. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to the buyer’s account or address within 15 calendar days.
Article 6
Payment methods
6.1 Goods may be paid for in the following ways:
a) cash on delivery – payment in cash upon receipt of the shipment to the carrier,
b) in cash at the company’s registered office, in the case of personal collection,
c) in advance by transfer to the account designated by the seller,
d) in another manner, in particular via electronic payment systems (after the order is created, the buyer is redirected to the bank’s secure payment gateway where the necessary details are entered. If the transaction is authorised, payment is made immediately. The seller supports secure payments),
e) on the basis of an invoice with the due date stated on the invoice.
6.2 In the case of payment via an online payment system or by bank transfer, the consumer shall make the payment without undue delay after order confirmation, but no later than within 3 calendar days, and the goods will be dispatched only after payment of their price, which means crediting the full price of the goods including any transport surcharge to the seller’s account. If payment is not credited to the seller’s account within three calendar days from order confirmation, the seller has the right to cancel the order.
6.3 The order cannot be paid in a manner other than those stated in point 6.1. It cannot be paid with any vouchers or cheques issued by the seller or any other legal entity.
Article 7
Postage and packing, delivery of goods and delivery conditions
7.1 Transport will be provided via a courier company or the Slovak Post to the address stated by the buyer in the order. In the case of cash on delivery, the buyer pays the courier. The postage price includes VAT. The seller may dispatch goods that are immediately available to the buyer and deliver the remaining part of the order additionally within the statutory period, provided that the buyer will not be charged any additional postage besides that included in the order. A shipment with goods always includes a delivery note and an invoice, by which the buyer is charged for the price of the delivered goods and which simultaneously serves as the warranty certificate.
7.2 In the case of advance payment to a bank account on the basis of a proforma invoice or via payment gateways, the seller charges shipping and packing according to the current price list of courier companies. You can download the current shipping price list here.
7.3 The place of delivery is the address stated by the buyer in the order as the place of delivery. The buyer may collect the ordered goods personally at the seller’s registered office. Personal collection is free of charge.
7.4 Deliveries of the subject of performance (ordered goods) will be dispatched as soon as possible depending on product availability and the seller’s operational capabilities. Each buyer is informed of all changes in the order status by email. The order status can be checked after logging into the system.
7.5 Title to the products passes to the buyer upon receipt and payment of the purchase price.
7.6 By agreement with the buyer, it is possible to deliver goods also outside the territory of an EU Member State. Delivery of goods outside the territory of an EU Member State is carried out based on prior consent and mutual written agreement on the price of postage and packing and, if applicable, other delivery conditions between the buyer and the seller.
7.7 Upon receipt of the goods, the buyer is obliged to check the following:
a) whether it is the product that was ordered (if it is a product that was not ordered, do not unpack or open the goods; otherwise it will not be possible to exchange it),
b) whether the product is in an undamaged condition, i.e., whether it has no obvious defect, and
c) whether the correct quantity of ordered goods was delivered.
7.8 If mechanical damage to the product packaging is detected upon receipt of the goods, the buyer is obliged to check the condition of the goods and, in the event of damage, to make a record of the damage in the presence of the carrier.
7.9 The carrier bears responsibility for damage during transport, as all goods are insured. Based on the record, after the damage event is closed with the carrier, an appropriate discount will be provided to the buyer or a new product will be delivered. The buyer is obliged to check the completeness of the packaging upon receipt of the product (personal and non-personal). When delivered by courier, the buyer must write a complaint report on the spot regarding incomplete packaging. In the case of personal collection, the buyer is obliged to check the contents of the packaging immediately; additional complaints will not be accepted.
7.10 Defects and deficiencies of the goods that were not detected upon receipt of the shipment cannot be recognised.
7.11 Before putting the device into operation, the buyer is obliged to ознакомиться themselves with the instructions for use of the purchased goods (device) and the warranty conditions, including the Slovak operating instructions, and then follow this information.
7.12 If additional handling of goods is required, a handling fee may be charged. The current amount of the handling fee can be found at this link. This fee applies, for example, if goods are ordered that are sold in full packages and a full package is not ordered, so additional handling and additional packing of the goods is required. The customer is informed of this fee in advance.
Article 8
Withdrawal from the contract
8.1 Under Act No. 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 seller’s business premises and on the amendment and supplementation of certain laws (hereinafter the “Act”), the consumer has the right under Section 7 and following to withdraw from the purchase contract within 14 calendar days from the day of receipt of the goods. If the subject of the purchase contract is the delivery of goods, the consumer has the right to withdraw from the contract even before delivery of the goods.
8.2 If the seller provided the consumer with information pursuant to Section 3(1)(h) of Act No. 102/2014 Coll. only additionally, but no later than within 12 months from the start of the withdrawal period under Section 7(1) of Act No. 102/2014 Coll., the withdrawal period shall expire 14 days from the day on which the seller additionally fulfilled the information obligation.
8.3 If the seller did not provide the consumer with information pursuant to Section 3(1)(h) of Act No. 102/2014 Coll. even within the additional period under Section 7(2) of Act No. 102/2014 Coll., the withdrawal period shall expire after 12 months and 14 days from the day on which the withdrawal period under Section 7(1) of Act No. 102/2014 Coll. began.
8.4 By withdrawing from the purchase contract, the contract is cancelled from the beginning; the seller is obliged to take the goods back and refund to the consumer the price paid for the goods or the advance payment paid for the goods, including the costs incurred by the consumer in connection with ordering the goods, within 14 days of delivery of the withdrawal from the purchase contract and delivery of the goods to the seller, by non-cash transfer to the account number stated by the consumer in the withdrawal from the purchase contract. If the consumer withdraws from the contract and delivers to the seller goods with reduced value that are used, damaged, or incomplete, the consumer shall reimburse the seller for the costs incurred in connection with repairing the goods and restoring them to their original condition. If this is no longer possible (e.g., in the meantime the goods have been destroyed or consumed), the consumer must provide monetary compensation as the equivalent of what can no longer be returned.
8.5 The consumer is obliged, no later than 14 days from the day of withdrawal, to send the goods back or hand them over to the seller or a person authorised by the seller to take delivery of the goods. The consumer must withdraw in writing, stating the order number, date of purchase, and account number for the refund. This does not apply if the seller proposes to pick up the goods personally or through an authorised person. The period under the first sentence is deemed complied with if the goods were handed over for transport no later than on the last day of the period. The withdrawal form is an annex to these general terms and conditions.
8.6 If the consumer withdraws from the contract, they shall bear the costs of returning the goods. Cash-on-delivery shipments are not accepted by the seller.
8.7 If goods are purchased by a person in connection with their business activity (as decided by the inclusion of the Company ID (IČO) on the purchase document), the right to withdraw from the purchase contract does not arise, as the Commercial Code does not allow this.
8.8 The seller reserves the right to withhold the refund of the purchase price until the goods are returned by the buyer. In the case of return of damaged goods and/or goods whose value has been reduced due to handling beyond what is necessary to determine the nature, properties, and functionality of the goods, the seller will refund the purchase price reduced by compensation for the damage caused to the goods. The seller’s claim for compensation for damage shall be extinguished by set-off against the buyer’s claim for the refund of the purchase price. Against the purchase price to be refunded, the seller may set off its actually incurred costs associated with returning the goods (transport costs, etc.).
8.9 The seller is entitled to withdraw from the purchase contract mainly for the following reasons:
a) if, in the case of advance payment to the seller’s account, the buyer did not pay the total price of the goods,
b) if the buyer, who did not cancel the order and did not withdraw from the contract under these GTC, does not take delivery of the ordered goods upon personal collection, from the postal courier at the agreed place of delivery, or at the relevant post office within the set collection period.
8.10 Handling fees for goods
In the event of returning profiles and other large goods, the seller charges a 5% fee for the return of the goods.
Article 9
Warranty conditions and complaints
9.1 The seller provides warranty and post-warranty repairs of goods supplied directly by the seller. The seller warrants that the goods will be fully functional throughout the warranty period and will comply with applicable manufacturer standards (provided original accessories are used). Post-warranty repairs are carried out through the service department and authorised service centres. For post-warranty service, the seller charges remuneration for work performed according to the valid price list, available in PDF here.
9.2 The seller reserves the right to use service services provided by authorised service centres of equipment manufacturers if required to ensure their functionality. If during the repair it is found that the product fault arose in a manner excluded from warranty repairs or that the fault does not manifest, the buyer is obliged to pay the seller the costs associated with testing and handling. The cost of transport to the place of complaint submission is borne by the buyer. The cost of transport from the warranty repair back to the buyer depends on the conditions of individual manufacturers and their service centres. The cost of transport of the complained goods to the seller is paid by the buyer, and back to the buyer in the case of a justified complaint is paid by the seller.
9.3 If a warranty is provided for the goods, the defect must be reported and claims arising from the defect must be asserted by the end of the warranty period. Upon expiry of the warranty period, the right to assert a complaint expires. The buyer has no other claim or right to warranty repair against the seller than that stated in these terms. The buyer is obliged to refrain from any manipulation of the product immediately upon discovering the defect and not continue work. The buyer is not responsible for any damages (lost profit, damage to goods) caused by the use or inability to use the machine.
9.4 The warranty period is extended by the duration of the repair. If the goods/device are replaced, the warranty is reduced by the period during which the buyer used the goods (however, at least 3 months always remain). All replaced parts and devices replaced under warranty remain the property of the seller.
9.5 The buyer is obliged to thoroughly familiarise themselves with the warranty and service conditions of the product that were part of its packaging and proceed in accordance with these conditions. The buyer asserts a complaint without undue delay, immediately after discovering defects, by email to the central service administration at info@marcustrade.sk and is obliged to state in particular the product type, its serial number, the sales document number, and a description of the defect. The seller will send information about further procedure within 24 hours (on working days). Based on the provided information, the buyer is obliged to send the goods to the designated address together with the necessary documents. When requesting a service intervention under warranty, it is necessary to provide a description of the device defect, its type designation and serial number, proof of purchase, a copy of the invoice, and the device packed in the original packaging with accessories (as the goods were sent). A complaint may also be lodged in writing or in person at the seller’s registered office within the warranty period specified in point 9.14 of these GTC (if there is another entrepreneur designated for repair (authorised centre) located at the seller’s place or closer to the buyer, the buyer shall assert the right to repair with that entrepreneur. If repair cannot be ensured in this manner, the seller will ensure repair). The warranty period begins on the date of receipt of the goods by the consumer/buyer or on the date of commissioning, if commissioning is a condition and is performed by an authorised service person, and if the consumer/buyer ordered that service no later than three weeks after purchase and provided the necessary cooperation properly and in time. If the consumer/buyer did not meet these conditions, the warranty period runs from the day of receipt of the goods. If the buyer is not a consumer, the procedure is governed by the Commercial Code and the warranty period is 1 year unless otherwise stated for the goods, and these complaint conditions do not apply to the asserted complaint. The warranty period begins on the day of receipt of the goods from the carrier or directly from the seller, if the buyer collects the goods personally on the day of receipt.
9.6 When making a complaint, the consumer/buyer is obliged to present the seller with the original warranty certificate (if supplied with the product); the seller will not accept the complained goods if they are dirty or show signs of use other than usual.
9.7 The seller is liable for defects found in the sold goods upon receipt by the consumer/buyer and for defects that occur after receipt and use during the warranty period.
9.8 The seller is not liable for defects caused in particular by:
a) mechanical damage (scratches, cracks, breakage, etc.),
b) an unavoidable event – natural disaster,
c) improper handling, installation, repair, or modification by the buyer – contrary to the user manual and customary use, in special cases also by unauthorised intervention due to the nature of the item, including by the user, or other unprofessional intervention,
d) failures caused by not using original consumables for the given devices,
e) failures caused by using other parts/materials not intended for use with the product,
f) failures caused by neglecting routine maintenance,
g) failures caused by operating the product outside the operating conditions stated in the instructions for use,
h) failures due to using goods in a manner other than recommended or for which the goods/device were intended and designed; failures caused by excessive use and wear,
i) failures due to operating the product in an environment at the buyer that constitutes a safety or health risk,
j) normal wear and tear of things (or their parts) caused by use. A shorter product life cannot therefore be considered a defect and cannot be claimed.
9.9 The consumer/buyer will be notified of the handling of the complaint by phone or in writing by email. The handling of the complaint must not take longer than 30 days from the day the complained goods are delivered to the seller. After expiry of the complaint handling period, the consumer has the right to withdraw from the purchase contract.
9.10 If the defect can be remedied, the consumer/buyer has the right to have it remedied free of charge, in time, and properly. The seller is obliged to remedy the defect without undue delay.
9.11 If the defect cannot be remedied and prevents proper use of the item as an item without defects, the consumer/buyer has the right to replacement of the item or the right to withdraw from the purchase contract. The same rights apply if the defects are remedial but the consumer cannot properly use the item due to repeated occurrence after repair or due to a larger number of defects. Repeated occurrence after repair is considered when the same defect that was removed at least twice during the warranty period occurs again. A larger number of defects is considered when the goods have at least three remedial defects simultaneously, each of which prevents proper use.
9.12 The seller is obliged, when a complaint is made, to issue the consumer a confirmation and also a written document on the handling of the complaint no later than 30 days from the date of making the complaint. The consumer will be informed of the outcome of the complaint immediately after completion of the complaint procedure by email or phone and will also be delivered (by email or together with the goods) a copy of the complaint report. The seller is obliged to provide the consumer with a copy of the expert assessment justifying rejection of the complaint no later than 14 days from the day the complaint is handled.
9.13 The warranty period for goods marked as used, repacked, repaired, etc. is 12 months unless otherwise agreed, and begins on the date of receipt by the consumer or the date of commissioning if commissioning is performed by an authorised service person and if the consumer ordered that service no later than three weeks after purchase and provided the necessary cooperation properly and in time. If the consumer did not meet these conditions, the warranty period runs from the day of receipt of the goods.
9.14 The seller provides a warranty for products from the date of sale of 24 months when selling goods to a natural person – consumer for exclusive direct personal use (under Section 52 and Section 620 of the Civil Code) and 12 months when selling goods to an entrepreneur for industrial and manufacturing use carried out within the scope of their business or other entrepreneurial activity (under Section 429 of the Commercial Code).
Article 10
Information on the possibility and conditions of dispute resolution through the alternative dispute resolution system
10.1 Every consumer has the right to turn, for the purpose of protecting their consumer rights, to an alternative dispute resolution entity. Alternative dispute resolution is governed by Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on the amendment and supplementation of certain laws (hereinafter “Act No. 391/2015 Coll.”). A list of alternative dispute resolution entities can be found on the website of the Slovak Ministry of Economy – https://www.mhsr.sk/.
10.2 During alternative dispute resolution, the consumer cooperates with the alternative dispute resolution entity in the interest of quick settlement of the dispute. In the case of a cross-border dispute, the consumer has the right to turn to the European Consumer Centre, which will provide an address for delivery, an email address, or telephone contact for the alternative dispute resolution entity competent to resolve the dispute.
10.3 The buyer – consumer has the right to ask the operator for remedy if they are not satisfied with the way in which the operator handled their complaint or if they believe that the operator violated their rights.
10.4 The buyer – consumer has the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity if the operator responded to the request under the previous sentence by rejecting it or did not respond to it within 30 days from the day it was sent.
10.5 The proposal is submitted by the buyer – consumer to the competent alternative dispute resolution entity; this does not affect the possibility to turn to a court. If several alternative dispute resolution entities are competent, the consumer has the right to choose to which of them they will submit the proposal. Contractual provisions obliging the consumer to submit a proposal to a pre-designated alternative dispute resolution entity shall be disregarded. The proposal must contain the required particulars under Act No. 391/2015 Coll. and the applicant must attach documents related to the subject of the dispute that prove the facts stated in the proposal.
10.6 The proposal may be submitted in written form, electronic form, or orally into the record. To submit a proposal, the consumer may use a form template set out in Annex No. 1 to Act No. 391/2015 Coll., which is also available on the website of the Slovak Ministry of Economy and on the websites of each alternative dispute resolution entity.
Article 11
Protection of personal data
11.1 When collecting personal data, the seller proceeds under Act No. 122/2013 Coll. on the protection of personal data and on amendments and supplements to certain laws (hereinafter the “Act”) in information systems. The seller respects the buyer’s privacy. Provided personal data are protected against misuse and will never be provided to a third party. The seller declares that it processes only accurate and complete, and where possible up-to-date personal data of data subjects, ensures that personal data are processed and used exclusively in a manner corresponding to the defined purpose, and after the purpose of processing is fulfilled ensures their disposal. The seller processes personal data in accordance with good morals and takes care that no unauthorised access, damage, destruction, loss, change, or any other inadmissible processing occurs.
11.2 The seller processes the consumer’s personal data to the extent of: first name, last name, email address, billing address, delivery address, contact telephone number, and other data related to orders of goods and services. Providing these data by the consumer is necessary for the purpose of concluding the purchase contract and its performance, fulfilling obligations arising from the purchase contract or in connection with it, as well as in pre-contractual relations; it processes them mainly when handling orders, issuing invoices, delivering ordered goods, recording orders and purchase contracts, recording persons registered through the e-shop, handling possible complaints, and for the seller’s marketing purposes.
11.3 By submitting an order, the buyer confirms that they have been informed about their rights as a data subject defined in Section 28 of the Act, in particular:
a) the right to request at any time an update, supplementation, or correction of their personal data by sending a request to the seller’s email address,
b) the right, based on a written request, to require from the seller:
c) confirmation whether or not personal data about them are being processed,
d) information on the processing of personal data in the information system to the extent laid down by the personal data protection act,
e) exact information about the source from which the seller obtained their personal data for processing,
f) a list of personal data that are the subject of processing,
g) correction or disposal of incorrect, incomplete, or outdated personal data that are processed,
h) disposal of personal data whose purpose of processing has ended,
i) disposal of personal data if there has been a breach of the law,
j) blocking of personal data due to withdrawal of consent before the expiry of its validity, if the seller processes personal data based on the buyer’s consent,
k) the right, based on a written request, to object with the seller to:
l) processing of personal data that they assume are or will be processed for direct marketing purposes without their consent and request their disposal,
m) use of personal data to the extent of title, first name, last name and address for direct marketing by post, or
n) provision of personal data to the extent of title, first name, last name and address for direct marketing purposes,
o) the right, based on a written request or in person if the matter does not tolerate delay, to object at any time to the processing of personal data in cases under Section 10(3)(a), (e), (f) or (g) of the Act by stating legitimate reasons or presenting evidence of unauthorised interference with their rights and legally protected interests that are or may be harmed in the specific case by such processing; if there are no legal reasons preventing it and the objection is found justified, the seller is obliged to block the personal data objected to without undue delay and dispose of them as soon as circumstances allow,
p) the right, based on a written request or in person if the matter does not tolerate delay, to object at any time and not to be subject to a decision of the seller that would have legal effects or significant impact if such decision is made exclusively based on automated processing operations of their personal data. The buyer has the right to request the seller to review the issued decision by a method different from automated processing; the seller is obliged to comply by ensuring that the buyer has a decisive role in the review; the seller informs the buyer about the method of review and the outcome within the period under Section 29(3) of the Act. The buyer does not have this right only if provided by a special law that includes measures to safeguard their legitimate interests as a data subject, or if in pre-contractual relations or during contractual relations the seller issues a decision satisfying the buyer’s request, or if the seller, based on a contract, adopts other appropriate measures to safeguard the buyer’s legitimate interests,
q) the right, if they suspect that their personal data are being processed unlawfully, to notify the Office for Personal Data Protection.
11.4 During registration, the buyer may choose to receive information about new products or other marketing information from the seller. Offer emails will be sent at most twice per month and the size of individual email messages will not exceed 50 kB. By subscribing to the seller’s newsletter, the data subject – buyer – gives the seller consent to process their personal data to the extent of the email address for the purpose of sending marketing news and information by email to the stated email address. The data subject grants consent for a period of 10 years from the day of providing the data. The data subject is entitled to withdraw consent at any time by delivering a statement of withdrawal to the seller’s email address. After expiry of the consent period or upon receipt of the withdrawal, the seller will ensure without undue delay the blocking and disposal of the personal data of the data subject – buyer.
11.5 By submitting an order, the buyer confirms that they were informed under Section 15(1) of the Act about the conditions of personal data processing by the operator/seller.
11.6 In order to ensure proper functioning of the e-shop, remember buyers’ login details, find out which pages and functions visitors use most often, etc., the seller uses cookies. Cookies are small text files that are placed on a computer or device when visiting our website. Further general information about cookies is available ................... The use of cookies does not violate Act No. 122/2013 Coll., as by using cookies the buyer does not collect personal data nor provide them to third parties. Each user, by browsing the seller’s website, agrees to their use and storage in their browser. They are informed of this when visiting the website and express consent by continuing to browse the website. The seller uses in particular, but not exclusively, the following types of cookies:
a) Necessary cookies – cookies are necessary for the operation of the e-shop. These include, for example, cookies that allow the buyer or visitors to log into secure sections of the website.
b) Performance cookies – cookies allow analysis of how visitors work with the e-shop, which helps improve and simplify usability. The data collected by these cookies are aggregated and anonymous.
c) Functional cookies – cookies remember choices in order to improve user comfort. They enable the website to tailor content to the visitor or remember preferences, e.g., language choice. The data collected by these cookies do not personally identify users.
11.7 The buyer can control or delete cookies at their discretion – details here. The buyer can delete all cookies stored on their computer and most browsers can be set to prevent their storage. In such a case, however, the buyer will probably have to manually adjust some settings at each visit and some services and functions will not work. Cookies can be refused using the web browser or set to allow use of only some cookies.
11.8 As a data subject, from 25.05.2018 the buyer has rights under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, “GDPR”):
a) the right of access to personal data and to information about processing under Article 15 GDPR,
b) the right to rectification or erasure under Articles 16 and 17 GDPR,
c) the right to restriction of processing under Article 18 GDPR,
d) the right to data portability under Article 20 GDPR,
e) the right to object under Article 21 GDPR,
f) the right not to be subject to any decision based solely on automated processing, including profiling, which produces legal effects concerning the buyer or similarly significantly affects them, under Article 22 GDPR, and
g) the right to lodge a complaint with a supervisory authority under Article 77 GDPR.
Article 12
Final provisions
12.1 These general terms and conditions enter into force and effect on 25.5.2018.
12.2 These General Terms and Conditions apply in the wording published on the operator’s website on the day the electronic order is submitted, except in cases where the contracting parties agree otherwise.