For the sale of goods through the online store www.freaktheworld.com
FREAK clothing s.r.o.
Bratislava, Bernolákova 2720/6, 811 07
IČ DPH: 2121139119
Obchodný register Okresného súdu Bratislava I, oddiel: Sro, vložka č. 141651/B
1. GENERAL CONDITIONS
1.0 We produce goods to order, we do not keep the goods in stock, the production time can be extended to 7-14 days
1.1 The seller is the company FREAK clothing s.r.o., e-mail: email@example.com (hereinafter only the seller).
1.2 The Buyer is any natural or legal person who in any way contacts the Seller with the intention of purchasing the goods offered by the Seller.
1.3 The buyer is also any natural or legal person who in any way contacts the seller with a request that the seller procures goods that is not included in the offer, with the intention of purchasing these goods.
1.4 By using the website of the seller's online store and confirming the order, the buyer agrees to these Terms and Conditions.
1.5 These Business Terms and Conditions are valid until the new Business Terms and Conditions are issued.
2.1 The buyer can order the goods as follows:
a) through the shopping cart on the seller's website,
2.2 By sending the order, the buyer undertakes to take over the ordered goods and pay the agreed price for the goods.
2.3 The seller will confirm the sent order by email within 72 hours and at the same time notify the buyer of the availability and delivery date of the goods. All confirmed orders are binding!
2.4 The seller undertakes to deliver the correct type and quantity of goods at the agreed price according to the order.
2.5 Cancellation of the order is possible on the part of the buyer within 24 hours of ordering the goods without giving a reason. The buyer can cancel the order in the Customer section on the seller's website, via phone or e-mail. After verifying that the conditions for canceling the order have been met, the seller will confirm the cancellation of the order to the buyer by e-mail or telephone. In the event that the amount for the ordered goods has already been paid, the seller will send the money back to the buyer's bank account, or deliver it in another way agreed upon.
2.6 The seller has the right to cancel the order if it is not possible to secure the ordered goods. In such a case, they will immediately return the paid amount to the buyer in full, or offer them replacement goods, or another solution, if the buyer agrees. The seller also has the right to cancel the order if they cannot contact the buyer (incorrectly stated or unlisted contact details, unavailability, ...).
3.1 The seller is a VAT payer.
3.2 To the basic price of the order is added the price for the transport of goods according to which method of delivery the buyer chooses.
The price is derived from the total weight of the ordered goods and the current rate is visible directly in the order (for each mode of transport). Packaging is included in the price of transport.
4.1 The buyer can pay for the goods by cash on delivery or by transfer to the seller's account on the basis of a proforma (advance) invoice. Based on the sent order, the seller will issue a proforma (advance) invoice, which they will send together with the order confirmation by e-mail. The buyer can make this payment as follows:
a) a transfer order from their account
b) direct cash deposit to the seller's account,
4.2 Payment is only possible in EUR / CZK / ....
4.3 The seller sends the tax document (invoice) to the buyer together with the goods.
5. DELIVERY CONDITIONS
5.1 The delivery time for the goods offered by the seller is in most cases within 5 working days from the confirmation of the order, the maximum delivery time is 14 days or after agreement with the buyer may be extended up to 30 days
5.2 The seller will inform the buyer by phone about the delivery time and delivery date when confirming the order. If the announced extended delivery period does not suit the buyer, they have the option to cancel the order in accordance with point 2.5 of these Business Conditions.
5.3 The goods will be shipped immediately after confirmation of the order and after meeting all the conditions for removal from storage.
6. DELIVERY OF GOODS
6.1 The seller ensures the transport of goods in a way that the buyer chooses from the options offered in the order:
a) Postal courier,
b) Czech Post.
6.2 The place of receipt is determined on the basis of the buyer's order. Delivery of the goods to the designated place is considered to be the fulfillment of the delivery.
6.3 The goods are adequately packed and secured. The buyer is obliged to check the integrity of the shipment upon receipt of the goods.
6.4 Together with the goods, the seller will deliver to the buyer an invoice (tax document), delivery note. The seller will also supply the operating instructions and the warranty card together with the form if the nature of the goods so requires.
6.5 The seller is responsible for the goods only after they have been taken over by the buyer. The goods are considered taken over by the buyer from the time when the buyer confirms the receipt of the goods in written form.
6.6 The seller is not responsible for delayed delivery of the ordered goods to the buyer caused by the carrier. The carrier is fully responsible for damage to the shipment caused by the carrier. Such cases are resolved by the seller by delivering new goods to the buyer after payment of all damages by the carrier.
6.7 In case of greater interest, it may happen that we have a shortage of goods and so we can deliver the goods ordered by you in several packages, while you pay postage and packaging as one package.
7. WITHDRAWAL FROM THE PROCESSED ORDER
7.1 In accordance with the law, the buyer is entitled to withdraw from the processed order without giving a reason (according to the law “from the purchase contract”, if the buyer has already taken over the goods) within 30 working days from the day of taking over the goods.
7.2 The goods to be returned must be :,
b) complete (including accessories, documentation, ...),
c) including the attached proof of purchase.
7.3 If the buyer decides to return the goods in accordance with point 7.1 of these Terms and Conditions, they are obliged to:
a) contact the seller with a request to withdraw from the processed order, state the order number (variable symbol), date of purchase and their account number for the refund,
b) send the goods back to the seller's address - it is recommended to send the goods by registered mail, insured and use appropriate packaging, so that during transport there is no additional writing, sticking or other deterioration of the original packaging and the goods themselves (seller is not liable for any loss or damage ,
c) reimburse expenses related to the return of goods (postage, insurance, ...) in cases where there is a manifest error on the part of the seller.
7.4 After fulfilling the conditions according to points 7.1 to 7.3 of these Business Conditions and after receiving the returned goods, the seller is obliged to:
a) take back the goods,
b) return to the buyer within 14 days from the date of withdrawal from the completed order the full price paid for the goods, except for the shipping fee.
7.5 In the event of non-compliance with any of the conditions under points 7.1 to 7.3 of these Terms and Conditions, the seller will not accept withdrawal from the processed order and the goods will be returned at the expense of the buyer.
8. WARRANTIES AND COMPLAINTS
8.1 The handling of complaints is governed by the warranty conditions of the specific goods, the Commercial Code and the relevant provisions of the Civil Code and special regulations.
8.2 The warranty period for all goods offered in the seller's online store is 24 months. Proof of purchase (attached invoice) is always sufficient to exercise the rights arising from liability for defects (complaint). Submission of proof of purchase for the purpose of a complaint is sufficient even if a warranty card has been issued but the customer has lost it.
8.3 The warranty does not cover normal wearing off and tearing of the item (or parts thereof) caused by use.
8.4 The buyer is obliged to deliver the claimed goods clean, mechanically undamaged, with a copy of the invoice, delivery note. The buyer is obliged to send a description of the defect together with the goods.
8.5 COMPLAINT PROCEDURE:
8.5.1. Inform us as soon as possible by email or telephone about a product error.
8.5.2. Send the product back to the seller's business address
9. COLLECTION OF USER INFORMATION, PROTECTION OF PERSONAL DATA
The User, who is a natural person, by signing the Contract or sending the Order, confirms that the personal data provided by him in the scope of name, surname, residential address, e-mail address, telephone number are accurate and true. The processing of the above personal data is performed on a legal basis: the processing of personal data is necessary for the performance of the Contract to which the User is a party, or for the implementation of measures before concluding the Contract on the basis of the User's request in accordance with Art. 6 pt. 1 (a) (b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (hereinafter "GDPR") personal data is the collection, storage and processing of personal data by the Provider and their use for invoicing purposes, delivery of goods, information on the status of the order and other actions associated with the ordered and provided Service, including later communication with the User (complaints, withdrawal from the contract, etc.) , as well as for the needs of the Provider 's own marketing, for the purposes of offering the Services, sending information about products, including via electronic means (e-mail, text message, telemarketing). The user bears full responsibility for damages caused by incorrect or outdated personal data provided.
The Provider is entitled to process personal data beyond the scope specified in point 9.1. of these GTC and whose processing is not compatible with the legal basis specified in point 9.1. of these GTC, only on the basis of prior consent provided by the user voluntarily and for a predetermined purpose, scope and period. The user has the right to revoke the consent at any time in written form. Withdrawal of consent is effective on the day of its delivery to the Provider.
The Provider undertakes not to use or provide personal data outside the scope necessary for the operation of the ordered Service and ensuring its operation. Personal data is not provided to any third parties, except for products for which the opposite is explicitly stated. In such a case, however, the Provider is obliged in a contractual relationship with a third party to agree on personal data protection in accordance with applicable legislation, especially the Personal Data Protection Act, and is also obliged to inform the User that providing personal data to a third party is necessary for performance. Otherwise it is not possible to provide the Service. For these purposes, it is necessary for the Provider to obtain the consent of the User.
All personal data is protected in accordance with applicable legislation, in particular the Personal Data Protection Act.
The Provider is not authorized to interfere with the content of the User's Internet presentations, nor the Authorization to monitor or postpone the User's electronic mail, with the exception of performing regular backup activities for the User on the basis of their Order.
The Provider undertakes to take all steps to the highest level of security of the User's personal data, as well as to secure all of the User's data, database and mail files against their loss, damage or destruction.
The Provider acts in relation to the User's customers in the position of the Intermediary pursuant to the provisions of Art. 28 GDPR. For this reason, the Agreement between the Provider and the User is governed by the following:
The Provider may not entrust the processing of personal data to another intermediary without the prior special written consent of the User. In case of written consent of the User, the Provider is obliged to impose the same obligations on personal data protection as provided in this Agreement in this contract or other legal act, while the Provider is liable to the User if another intermediary fails to fulfill its obligations regarding personal data protection.
The Provider undertakes to process personal data only for the purposes of providing the Services.
The Provider processes personal data for the entire period of validity and effectiveness of the Agreement between them and the User.
The Provider processes personal data to the same extent as they are processed by the User.
People concerned are the User's customers.
The provider is entitled to carry out with personal data only the processing operations necessary to fulfill the purpose of processing, in particular: collection, receipt, storage and disposal.
The Provider is obliged to process personal data only to the extent necessary to achieve the purpose of processing and only in accordance with the conditions of this article of the GTC, or written instructions of the User, even if the transfer of personal data to a third country or international organizations. If the transfer of personal data to a third country or international organization on the basis of a special regulation or international agreement by which the Slovak Republic is bound, the Provider is obliged to notify the User of this request before processing personal data, if a special regulation or international agreement The Slovak Republic is not bound by such notification for reasons of public interest.
The Provider is obliged to protect the processed personal data from their damage, destruction, loss, alteration, unauthorized and public access, provision or disclosure, as well as from any other inadmissible methods of processing.
The Provider declares that it guarantees the security of processed personal data, while taking technical and organizational measures to ensure the protection of rights and personal data of the User's customers, especially against accidental or illegal destruction, loss, change or unauthorized disclosure of transmitted personal data, stored personal data or otherwise processed personal data, or unauthorized access, take into account the nature, scope, context and purpose of the processing of personal data, the risks that are capable of compromising the security of personal data protection and their seriousness.
The Provider is obliged not to provide personal data to third parties, not to use personal data for other than the agreed purpose, not to misuse for its own benefit or the benefit of a third party and not to handle personal data in violation of this article of the GTC.
The Provider and its employees are obliged to maintain the confidentiality of personal data obtained about the User's customers. Personal data may not be used for personal use, may not be published, provided or made available. They undertake to maintain this confidentiality even after the expiration and effectiveness of the Agreement. The Provider is responsible for ensuring the confidentiality of its employees and other persons authorized by them, as well as any external collaborators.
The Provider is obliged to ensure that the collected personal data are processed in a form enabling the identification of the User's customers only for the time necessary to achieve the purpose of processing.
The Provider undertakes to cooperate and provide the User with cooperation in ensuring compliance with the User's obligations to respond to the User's requests in exercising their rights under the provisions of Chapter III of the GDPR, including notification of any written request for access received to the Provider in connection with the User's obligations under GDPR, Act no. 18/2018 Coll. on Personal Data Protection and on Amendments to Certain Acts (hereinafter referred to as the “Personal Data Protection Act”) and other related regulations.
The Provider undertakes to cooperate and provide the User with cooperation in ensuring compliance with the obligations under the provisions of Art. 32 to 36 GDPR, namely:
ensure security of processing;
notify the Office for Personal Data Protection and the data subjects, if necessary, of any breach of personal data protection;
if necessary, carry out a personal data protection impact assessment on the personal data protection impact of the processing;
to consult the Office for Personal Data Protection before carrying out any processing, if the personal data protection impact assessment shows that such processing would lead to a high risk if the User did not take measures to mitigate this risk.
The Provider undertakes to provide the User with all information necessary to prove the fulfillment of the obligations set out in the provisions of Art. 28 GDPR and to provide the User with co-operation within the audit of personal data protection and control by the User or the auditor authorized by the User.
The Provider is obliged to immediately notify the User if, in the Provider's opinion, any instruction given by the User violates the Personal Data Protection Act, a special regulation or an international agreement by which the Slovak Republic is bound, relating to personal data protection.
After the expiration and effectiveness of the Agreement, the Provider undertakes, based on the User's decision to delete personal data or return personal data to the User and delete existing copies containing personal data, unless a special regulation or international agreement by which the Slovak Republic is bound requires the retention of such personal data.
The provider in accordance with the provisions of Art. 13 GDPR notifies the User as the concerned person of the following information:
Provider identification data: FREAK clothing s.r.o. Bernolákova 2720/6, 811 07 Bratislava. Commercial Register of the District Court Bratislava I, dept. Sro, insert number: 141651 / B The provider can be contacted at the e-mail address: firstname.lastname@example.org.Personal contact to the owner email@example.com
The purpose as well as the legal basis for the processing of personal data is set out in point 9.1. of this Article;
The list of personal data is given in point 9.1. of this Article;
In special cases, if it is necessary to provide personal data to a third party or transfer personal data to a third country in order to provide the Service to the Provider, the Provider shall provide the User with information about this fact.
The Provider retains personal data for the entire period of providing the Service.
The User has the right to request from the Provider access to personal data concerning the data subject, the right to correct personal data, the right to delete personal data or the right to restrict personal data, the right to object to the processing of personal data, as well as the right to transfer personal data.
If the user suspects that his personal data are being processed unauthorisedly, they may submit a proposal to the Office for Personal Data Protection of the Slovak Republic to initiate proceedings on personal data protection. according to § 100 of the Personal Data Protection Act.
Provision of personal data referred to in point 9.1. Users are required to enter into the Agreement and provide the Service.
Information on the rights of the affected person - User:
The person providing personal data (concerned person - User) has, in accordance with the provisions of Art. 15 to 22 and Art. 34 GDPR the following rights
The right of access to personal data pursuant to Art. 15 GDPR: The data subject has the right to obtain from the Provider a confirmation as to whether personal data concerning him or her are being processed. The data subject has the right to access this personal data and the information referred to in point 9.8.
The right to correct personal data according to Art. 16 GDPR: The data subject has the right to have the Provider correct incorrect personal data concerning him without undue delay. With regard to the purpose of the processing of personal data, the data subject has the right to supplement incomplete personal data.
Right to delete personal data according to Article 17 of the GDPR: The data subject has the right for the Provider to delete without undue delay personal data concerning him, if the data subject has exercised the right to delete, if:
personal data are no longer needed for the purpose for which they were obtained or otherwise processed,
the data subject withdraws the consent on the basis of which the processing of personal data is carried out and there is no other legal basis for the processing of personal data,
the data subject objects to the processing of personal data and there are no legitimate grounds for processing personal data or the data subject objects to the processing of personal data for the purpose of direct marketing,
personal data are not processed legally,
there is a reason for cancellation the fulfillment of the obligation under the GDPR, the Personal Data Protection Act, a special regulation or an international agreement by which the Slovak Republic is bound,
personal data were obtained in connection with the offer of information society services.
The right to restrict the processing of personal data pursuant to Art. 18 GDPR: The data subject has the right to the Provider to restrict the processing of personal data if:
the data subject objects to the accuracy of personal data, during a period enabling the Provider to verify the accuracy of personal data,
the processing of personal data is illegal and the data subject objects to the deletion of personal data and calls instead for restrictions on their use,
the provider no longer needs personal data for the purpose of processing personal data, but the data subject needs them to assert a legal claim,
the data subject objects to the processing of personal data, until it is verified whether the legitimate reasons on the part of the Provider outweigh the legitimate reasons of the data subject.
The Provider is obliged to inform the affected person, whose personal data processing will be restricted, before the restriction of personal data processing is lifted.
Based on Art. 19 GDPR, the Provider is obliged, if the data subject so requests, to inform the data subject about the recipients to whom the Provider has notified the correction of personal data, deletion of personal data or restrictions on the processing of personal data.
The right to the transfer of personal data according to Art. 20 GDPR: The data subject has the right to obtain personal data concerning him and which he has provided to the Provider, in a structured, commonly used and machine-readable format, and has the right to transfer this personal data to another operator.
The right to object to the processing of personal data pursuant to Art. 21 GDPR: The data subject has the right to object to the processing of his or her personal data on the grounds of his or her specific situation on a legal basis because the processing of personal data is necessary to fulfill a public interest task or because the processing is necessary for legitimate purposes. interests of the Provider or a third party, including profiling based on these provisions. The provider may not further process personal data unless it demonstrates the necessary legitimate interests for the processing of personal data which prevail over the rights or interests of the data subject or the reasons for asserting a legal claim. The data subject has the right to object to the processing of personal data concerning him or her for the purpose of direct marketing, including profiling, to the extent that it relates to direct marketing.
Based on Art. 22 The GDPR has the right not to be subject to a decision which is based solely on the automated processing of personal data, including profiling, and which has legal effects affecting or similarly significantly affecting them.
Based on Art. 34 GDPR, the data subject has the right to be notified by the Provider without undue delay of a personal data breach, if such breach of personal data protection may lead to a high risk for the rights of a natural person.
Provision of information to the data subject
The provider is obliged to provide the data subject on the basis of tehir request with information pursuant to Art. 13 GDPR and notifications under Articles 15 to 22 and Art. 34 GDPR concerning the processing of their personal data. They are obliged to provide the information in paper or electronic form, usually in the same form in which the application was submitted. If the person concerned so requests, the Provider may also provide the information orally, if the person concerned proves their identity in another way. When exercising the rights under Art. 15 to 22 GDPR is obliged to provide co-operation to the person concerned.
The provider is obliged to provide the person concerned with the information referred to in point 1 within one month of receipt of the request. In justified cases, the Provider may extend this period by another two months, taking into account the complexity and number of applications, even repeatedly. The provider is obliged to inform the person concerned of any such extension within one month of receipt of the request, together with the reasons for the extension.
The information according to point 1 is provided by the Provider free of charge.
If the data subject's request is manifestly unfounded or disproportionate, in particular because of tehir recurring nature, the Provider may charge a reasonable fee taking into account the administrative costs of providing information or a reasonable fee taking into account the administrative costs of notification or a reasonable fee taking into account the administrative costs of carrying out the requested action. upon request.
Restriction of the rights of the data subject
On the restriction of the rights of the data subject in accordance with and pursuant to Art. 23 GDPR and § 30 of the Personal Data Protection Act The Provider informs the data subject if the purpose of the restriction is not endangered.
10. INFORMATIONAL OBLIGATION ON ALTERNATIVE RESOLUTION OF CONSUMER DISPUTES
If the consumer is not satisfied with the way in which the seller has handled their complaint or if they consider that the seller has violated his rights, the consumer has the right to turn to the seller for redress. If the seller has rejected the request for redress in the negative or has not responded to it within 30 days from the date of dispatch, the consumer has the right, in order to protect his consumer rights, to apply for ADR to the ADR entity. The subjects of alternative dispute resolution are the Slovak Trade Inspection (www.soi.sk), or other entities entered in the list of subjects of alternative dispute resolution, which is maintained by the Ministry of Economy of the Slovak Republic. In the event of a cross-border dispute, the consumer has the right to contact the European Consumer Center (www.esc-sr.sk), which will provide them with a delivery address, electronic address or telephone contact to the ADR entity responsible for resolving his dispute.
11. FINAL INFORMATION
Supervision over the provision of services is performed by the District Directorate of police department Bratislava and the Slovak Trade Inspection.
These general terms and conditions and all purchase contracts concluded on the basis of them are governed by the legal regulations in force in the Slovak Republic.
In Bratislava 01.06.2018
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INFORMATIONAL OBLIGATION ON ALTERNATIVE RESOLUTION OF CONSUMER DISPUTES
If the consumer is not satisfied with the way in which the seller has handled their complaint or if they consider that the seller has violated their rights, the consumer has the right to turn to the seller for redress. If the seller has rejected the request for redress in the negative or has not responded to it within 30 days from the date of dispatch, the consumer has the right, in order to protect his consumer rights, to apply for ADR to the ADR entity.
The subjects of alternative dispute resolution are the Slovak Trade Inspection (www.soi.sk), or other entities entered in the list of subjects of alternative dispute resolution, which is maintained by the Ministry of Economy of the Slovak Republic. In the event of a cross-border dispute, the consumer has the right to contact the European Consumer Center (www.esc-sr.sk), which will provide him with a delivery address, electronic address or telephone contact to the ADR entity responsible for resolving his dispute.
CONTRACTUAL CONDITIONS FOR INSURANCE OF THE PRODUCT AGAINST ACCIDENTAL DAMAGE
Insured - rayanlewiis.com
Insurer - rayanlewiis.com
Insured - any natural or legal person who has met the conditions for entry into insurance; in the event of a change in the ownership right to the Item to which the insurance applies, the insured is also the person to whom the ownership right to the Item passed in the period after the insurance arose until the end of the insurance period.
2. SUBJECT OF INSURANCE ("ITEM")
The “item” is the goods purchased by the Insured from the Insurer through their online store or other business channels that the Insured has taken over in the operation of the Insurer, from the post office or other delivery service. The condition is that the purchase price of the Item has been paid in full. The Insured has registered and paid the premium for accidental damage insurance for the entire closed period of the insurance period, either directly with the purchase of the Item or with an additional offer from the Insurer (resolicitation program).
The insurance does not cover items damaged during the purchase and items intended for resale to the Insured. The insurance can be taken out only for Things for which it is allowed on the Insurer's website.
The insurance premium is the amount stated for the Item on the Insurer's website and the Insured is acquainted with it is determined by the kind, model, type and price of the item, incl. VAT. The premium is a one-time premium.
3. ACCIDENTAL INJURY INSURANCE
Accidental damage insurance covers the period following the purchase of the Item and it is possible to take it out for a period of 1 year from the purchase of the Item
5. INITIATION OF INSURANCE
The insurance arises at the time of purchase of the Item. The condition for the insurance is the payment of insurance premiums. The confirmation of the origin of the insurance is a proof of purchase of the Item, which states the type, model, type, serial number and price of the Item and the amount of the premium. The proof of purchase of the Item also states the date of insurance.
When using the resolicitation insurance program, it arises on the day of the additional purchase of insurance. The condition for the insurance is the payment of insurance premiums. The Insured will be sent an electronic confirmation of the conclusion of the insurance, stating the type, model, type, serial number and price of the Item and the amount of the premium.
The Insured hereby accepts the conditions of insurance specified in these Terms and Conditions, if there is no withdrawal from the contract within 14 days in accordance with the relevant provisions of the Civil Code. The purchase of Items is not conditioned by insurance, but the insurance is conditioned by the purchase of Items.
6. TERMINATION OF INSURANCE
Except in the situations set out in Part 2, Article 9 of the Insurance Terms and Conditions shall terminate in the following cases:
on the expiry of the last day of the Accidental Damage Insurance;
termination or theft of the Item for which the document was issued upon the purchase;
the provision of insurance benefits in cash;
a valid withdrawal from the purchase contract within the statutory due to a warranty error of the Item; in such a case, the Insurer shall reimburse a proportion of the premium paid; if an insured event has already been claimed from the insurance, a proportional part of the premium is not refundable;
in the event that the Item to which the insurance applies is exchanged at the time of the Accidental Damage Insurance.
However, the insurance does not terminate in the following cases:
In the event that the customer has successfully claimed the repair of the Item resulting from the statutory warranty, the insurance does not expire, it further applies to the replacement Item and the agreed insurance period does not change.
In the event that the customer has successfully claimed the right to exchange the Item resulting from the statutory warranty, the insurance does not expire, it further applies to the replacement Item and the agreed insurance period does not change.
In the event that the Items covered by the insurance are repaired during the Accidental Damage Insurance period, the insurance does not expire and the agreed insurance period does not change.
7. SCOPE OF INSURANCE
Accidental damage insurance covers a financial loss on the Item itself caused by a mechanical limitation or loss of functionality of the Item due to the sudden and accidental action of external forces on the Item which occurs during the agreed period of insurance.
Accidental damage to the Item is not considered to be a malfunction of the Item covered by the seller's statutory warranty or the manufacturer's warranty.
INSURANCE EVENT AND INSURANCE PROVIDED
An insured event is an accidental fact, which is associated with the Insurer's obligation to provide insurance to the Insured for damage caused by financial loss to the Item itself or the Insurer's obligation to provide the Insured with a replacement item or the Insurer's obligation to repair the Item.
Financial loss means the occurrence of costs or financial damage that the Insured incurs on the Item itself as a result of accidental damage to the Item to which the insurance applies. The insurance does not cover any consequential directly or indirectly related damages incurred as a result of accidental damage to this Case.
The limit of the insurance indemnity for damage caused by accidental damage to the Item is the time price of the Item, which is the price of the Item at the time of the occurrence of the insured event. It shall be determined by deducting from the purchase price of the Item 2% of the purchase price for each started month from the date of purchase of the Item. In the case of accidental damage insurance, the indemnity limit may be used up to twice in each year of insurance.
Accidental damage and theft insurance is taken out with a co-payment of 10% of the purchase price of the Goods, including VAT. In the event that he is insured by a VAT payer, a co-payment of 10% of the purchase price excluding VAT is agreed.
10. PROCEDURE IN THE EVENT OF A DAMAGE
According to the instructions of the Claims Administrator, the Insured shall come to the contact point, where he / she shall submit a proof of purchase of the Item and the damaged Item. In the event of theft of the Case, he shall also submit a copy of the document of the law enforcement authority notifying the theft of the Case (in the event that the loss event occurred abroad, a copy of the relevant document with an officially certified translation into Czech, Slovak or English). In the event of theft of the Case, the Insured is obliged to subsequently submit a copy of the resolution on the postponement of the case issued within the criminal proceedings (in the event that a loss event occurred abroad a copy of the relevant document with an officially certified translation into Czech, Slovak or English).
The Insurer shall assess whether the right to indemnity has arisen and decide on the most appropriate method of performing the indemnity. He shall notify both the Insurer and the Insured of their decision.
Possible ways of carrying out insurance benefits, from which the Insurer of insurance claims selects, are the following:
if the Item is repairable, the Insured is provided with the repair of the Item and subsequently the Item is returned to the Insured through the contact point of the Insurer, but only under the condition of prior payment of a co-payment of 10% of the purchase price of the Item. new software or its update, and as part of the repair, data may be lost without compensation); or
if the Item has been completely destroyed or would be ineffective, the Insured shall be provided with a replacement item, which will be handed over to the Insurer’s contact point, but only on the condition of prior payment of a co-payment of 10% of the purchase price of the Item. In the event that a replacement Case is provided, the original Case will not be returned to the Insured; or
if it is not expedient to repair or replace the Item, the Insured is paid the insurance indemnity in cash in the amount determined in accordance with Part 1, point 8 of these conditions after deducting the co-payment in the amount of 10% of the purchase price of the Item. The insurance indemnity is paid by transfer to a bank account or a credit note is issued to the Insured at the Insurer’s contact point. In the case of the provision of performance in money, the original Case is not returned to the Insured.
11. EXCLUSIONS FROM INSURANCE
Accidental damage insurance does not cover:
repairs Items covered by a statutory warranty or a warranty provided by the manufacturer / seller;
manufacturing error of the goods;
normal wearing off and tearing, neglect of maintenance;
damage Items caused by improper repair or maintenance;
damage to the Item caused by the use of the Item contrary to the manufacturer's instructions or the purpose for which the Item is intended, including the use of accessories not approved by the manufacturer;
damage to property due to fire handling, lightning strikes, earthquakes, storms, explosions or floods;
damage to property in connection with civil unrest, war events or radiation exposure;
loss of the Item or part thereof;
for any damage caused to life, health or other property than the insured Item, subsequently and/or in a causal connection with damage to the Item, even in the case where the Insurer is obliged to provide insurance benefits.
The Insurer has the right to reduce or even completely refuse the insurance indemnity if the financial loss occurred as a result of gross negligence in the event that:
a) damage to the Goods caused intentionally or by negligence / carelessness of the Insured, who did not act in such a way as to prevent damage or reduce the probability of damage to the goods;
b) damage to the Goods caused by a third party or a child or pet;
c) damages incurred to the Goods in connection with its transport by a third party from the place of its damage to the service point, including damages directly and indirectly related to the transport of the damaged Goods.
PART 2 - GENERAL INSURANCE CONDITIONS
Subject of insurance
The subject of property insurance is the property defined in these contractual provisions (Item).
Insured value and sum insured
The insured value is the highest possible property damage that may occur as a result of an insured event and is decisive for determining the sum insured.
The insurance value during the insurance period is expressed by the time price. It shall be determined by deducting from the purchase price of the Item 2% of the purchase price for each started month from the date of purchase of the Item.
The insurance value at the conclusion of the insurance is determined as the purchase price of the Item for which the Insured buys it from the Insurer.
The Insurer is obliged to notify the Insured without undue delay of any changes concerning the insurance taken out. The increase of the insured value of the Item by the Insured (e.g. by its improvement) is not taken into account.
The upper limit of the indemnity is determined by the sum insured, which is determined by the insured value of the Item at the conclusion of its insurance and is determined by the Insurer’s proposal and liability in the amount corresponding to the purchase price of the Item at the time of concluding the insurance. The insurer has the right to examine the value of the insured property when concluding the insurance. The indemnity limit applies to one insured event, unless otherwise agreed.
The Insurer will provide insurance benefits in the Slovak Republic, that is, in the country where the Insured purchased the Item to which the insurance applies, regardless of where the damage to the Item occurred.
Origin and changes of insurance, participation
The Insurer undertakes to provide the Insured with an insurance indemnity in the event of an accidental event covered by the insurance (insured event) and the Insured undertakes to pay the Insurer a premium.
By accepting the insurance offer by timely payment of the premium in the amount specified in the offer, the Insured shall consider the written form of the insurance contract to be maintained.
The insurance arises at the moment when the Insured buys the Item, and it is the date stated on the document on the purchase of the Item and at the same time the conditions specified in these contractual provisions are met. The Insured hereby acceded to the conditions of insurance specified in these contractual provisions, unless there is a withdrawal from the contract within 14 days in accordance with the relevant provisions of the Civil Code.
All conditions of insurance are set out in these contractual provisions.
The insurance is taken out with a co-participation of 10% of the purchase price of the Goods, including VAT. In the event that the Insured is a VAT payer, a co-participation of 10% of the purchase price excluding VAT is concluded.
ARTICLE 5 - RIGHTS AND OBLIGATIONS OF THE INSURER AND THE INSURED
The Insurer and the Insured may not do anything without the Insurer's consent that would increase the insurance risk, danger, or allow a third party to do so. If he additionally finds that he has allowed the insurance risk, danger to increase without the Insurer's consent, or that the insurance risk, risk has increased independently of his will, he is obliged to notify the Insurer without undue delay. If the Insured is a foreign insurance risk, danger, the Insured has this obligation.
The Insured is obliged to ensure that the insured event does not occur. If the insured event has already occurred, the Insured is obliged to take such measures that the incurred damage does not increase.
The Insured is obliged to notify the Insurer without undue delay through the Claims Administrator or, if applicable, through the Insurer that a loss event has occurred, to give a true explanation of its occurrence and the extent of its consequences, to submit the necessary documents requested and enable the Insurer to investigate the causes. damages, including inspection of the insured item.
The Insured has the obligation to take proper care of the insured Item, to keep it in proper technical condition, to use it only for the purpose specified by the manufacturer, etc.
The Insured is obliged not to change the condition caused by the loss event of his own free will.
The Insurer and the Insured are obliged to provide the Insurer with the co-operation necessary to determine the causes of the loss event, to provide a true explanation of its occurrence and extent and to submit the necessary documents required by the Insurer.
ARTICLE 6 - RIGHTS AND OBLIGATIONS OF THE INSURER
The Insurer is obliged to ensure the electronic delivery of these Terms and Conditions to the Insured. If the Terms and Conditions are lost, the Insurer will ensure their re-sending at the request of the Insured. The Terms and Conditions are also available on the Insurer’s website.
In the case of concluding an insurance contract in the form of distance trading, the Insurer is obliged to hand over or send the insurance contract, including the insurance conditions and all annexes to the insurance contract, to the agreed means of communication without delay after the conclusion of the insurance contract.
The Insurer is obliged to allow the Policyholder and the Insured to inspect the Insurer's documents relating to the investigated loss event and to obtain copies thereof.
The Insurer is obliged to return, at the request of the Insurer or the Insured, the documents lent to the Insurer for the conclusion of the insurance or in connection with the investigation of the loss event.
ARTICLE 7 - INSURANCE POLICY AND DURATION OF INSURANCE
The premium is a reward for insurance. The Insurer's right to insurance premiums arises on the day of concluding the insurance contract.
Premiums are concluded as one-off premiums.
Payment of insurance premiums for individual insurance periods for the entire period insurance is given on the purchase document Things for which the insurance applies, and is payable once for the entire period of insurance when purchasing the Item.
ARTICLE 8 - TERMINATION OF INSURANCE
Property insurance expires:
in the case of concluding insurance in the form of distance trading, the Insured has the right to withdraw from the insurance contract without giving a reason within fourteen days from the date of concluding the insurance contract or from the day when the insurance conditions were notified to him, insurance contract;
if the Insured withdraws from the insurance concluded in the form of distance trading, the Insurer shall return the premiums paid to him without undue delay, but no later than within thirty days from the day when the withdrawal becomes effective; at the same time he has the right to deduct what he has already fulfilled from the insurance.
ARTICLE 9 - INJURY AND INSURANCE EVENT
A loss event is the occurrence of damage that could be the reason for the right to indemnity.
Insured event means a loss event with which the Insurer's obligation to provide insurance indemnity is connected.
ARTICLE 10 - INSURANCE
The right to indemnity always arises for the Insured.
The Insurer is obliged to provide the insurance indemnity to the extent and under the conditions stipulated by the insurance conditions and the insurance contract.
The Insurer of Insured Events shall, without undue delay after the notification of the loss event, begin the investigation necessary to determine the existence and extent of the Insurer's obligation to provide insurance indemnity. The investigation is completed by notifying the Insured of its results; at his request, the Insurer himself shall justify in writing the amount of the insurance indemnity, or the reason for its refusal. The written form is retained even in the case of electronic communication via e‐mail box.
The insurance indemnity is payable within fifteen days from the date of termination of the investigation.
In the case of property insurance for a time price, the Insurer shall provide the indemnity in the amount of the time price, but not more than the amount of the agreed sum insured or the limit of indemnity.
The Insurer shall provide the insurance indemnity in the currency in which the Item was purchased and the premium paid.
Personal data processing and communication
The insurer is obliged to handle personal data in accordance with Act no. 101/2000 Coll., On the protection of personal data.
The Insured agrees that the Insurer shall store information concerning his insurance in the information system. The aim of the information system is to collect and process data for the protection of clients as well as for the protection of insurance companies and for statistical purposes.
The Insured agrees to the sending of information by means of electronic communication, provided that he has stated an electronic address or telephone number in the insurance contract. The information sent in this way is of an informative nature only and does not in itself cause the insurance to change or terminate. This consent can be revoked at any time during the insurance period.
ARTICLE 12 - DELIVERY
The Insurer's documents are delivered by post or employees of the Insurer or another person authorized by the Insurer to the last address known to the Insurer.
A document of the Insurer sent by post by registered item to the Policyholder, the Insured (hereinafter referred to as the “Addressee”) shall be deemed to have been delivered on the day of:
receipt of the item;
refusal to accept the consignment,
the return of the consignment as undeliverable, unless the addressee can be identified at that address or the addressee has changed his residence and delivery of the consignment is not possible.
If the addressee has not been found and the Insurer's document has been deposited by the courier at the post office, the document shall be deemed to have been delivered on the last day of the deposit period, even if the addressee did not learn of the deposit.
ARTICLE 13 - INTERPRETATION OF TERMS
The single premium is set for the entire period for which the insurance was taken out. Unless otherwise agreed, the one-off premium is payable on the day of commencement of the insurance.
The indemnity limit means the upper limit of the Insurer's indemnity.
Distance trading means the conclusion of an insurance contract in a form in which the means of communication have been used without the need for the simultaneous physical presence of the contracting parties.
The sum insured corresponds to the insured value of the insured Item at the time of concluding the insurance contract. Its amount is determined at the proposal of the Policyholder in the insurance contract.
An insurance risk is a possible cause of an insured event.
Insurance risk is the degree of probability of the occurrence of an insured event caused by an insurance risk.
For the purposes of this insurance, an insurance year means a period of twelve consecutive calendar months. The first insurance year begins on the day specified in the insurance contract as the beginning of the insurance.
The Insured is any natural or legal person who has fulfilled the conditions specified in these contractual provisions or, in the event of a change in ownership of the Item to which the insurance applies, it is also a person to whom ownership of the Item passes in the period after insurance until the end of the insurance period.
For the purposes of this insurance, a consumer is a natural person who is not acting in the course of his business or as a self-employed person.
Resale means the sale of the Item to the Insured to other persons within the scope of their business.
The loss of the Item is the situation when the Insured, independently of their will, lost the possibility to dispose of the Item, does not know where the Item is located, or whether the Item still exists at all.
ARTICLE 14 - FINAL PROVISIONS
These Terms and Conditions take effect on 1st November , 2017