Sales condition

1.General terms & conditions

1.1. These general terms and conditions define rights and obligations of the contracting parties resulting from the sales contract concluded between Delimarket s.r.o., residing at Mliekarenska 2, 821 09, Bratislava, company registration number : 43 800 131, VAT registration number: SK 2022489469 as the seller (hereinafter as “seller” only) and the buyer. The object of the sales contract is the online sales of goods on the seller’s website. Contact details of the seller: e-mail: info@delimarket.sk, phone: 0944 317 380, postal address: Mliekarenská 2, 821 09 Bratislava, bank account number for cashless payments (Tatra bank: 2624835072/1100, VÚB: 2545607151/0200).

1.2. The customer is defined as a person registered with Delimarket, s.r.o., who has right to order products on the seller’s website, and at the same time is older than 18 years of age. Recipient is defined as either natural person or corporate body, to whom the goods are addressed according to the customer order. The location is the location defined by the customer, wher the operator is obliged to provide delivery of the goods offered at the operator’s website.  

2.Sales contract conclusion

2.1. Regarding the seller’s unbinding bid, the buyer shall fill and send a written purchase order of the goods which is stored at the website of seller. Sales contract shall be deemed as concluded on the submission of the filled written purchase order form by buyer.

2.2.   Purchase order confirmation is defined as binding acceptance of the purchase order of the buyer by the seller or an e-mail confirmation of the seller about the acceptance of the order as a result of his previous receipt of the order and following verification of availability of goods and availability of term of goods delivery as required by the buyer. Order shall be deemed as confirmed upon delivery of the automatic note about the order receipt submitted from the electronic system of the seller.

2.3 Order confirmation includes information on the goods as the object of the sales contract, information on the price of goods and/or other services, name and other details about the location where the goods shall be delivered and information on the price, conditions, mode and time of delivery of the goods to the location required by the buyer, and possibly other information.
 

3.Seller’s rights and obligations.

3.1. Seller is obliged to:
a) deliver goods in an agreed amount, quality and time period according to the purchase order confirmed to the buyer, and provide an adequate packaging to protect the goods during their transportation
b) ensure that the goods delivered are in accordance with valid legal provisions of the Slovak republic.

3.2. Seller has the right to receive proper and timely purchase from the buyer for the goods delivered.
3.3 Seller reserves the right to limit the purchase price to the maximum of 500 Slovak crowns (16.59 euro), if it is the first purchase of the respective customer paying in cash on site. There is no maximum limit of purchase price for cashless payment, which has been carried out before the actual goods delivery.

4.Buyer’s rights and obligations

4.1. Buyer is obliged to
a) collect purchased or ordered goods
b) pay the agreed purchase price to the seller, at the latest upon the time of the goods’ takeover, including the delivery costs
c) not to harm the business reputation of the seller
d) To confirm the takeover of the goods by signing the delivery note either by himself or by other authorized person.

4.2. Buyer has the right to get the goods delivered in a requested amount, quality, period of time and location as agreed by contracting parties in binding acceptance of the purchase order.

5. Delivery conditions

5.1. Goods are not sold according to the tokens displayed on the website of the seller. The pictures are for information only.

5.2. Seller is obliged to fulfill the order of the buyer and to deliver the goods to the buyer in time period stated by the customer, if it was not agreed otherwise.

5.3. Buyer is obliged to collect the goods at the location agreed in the acceptance of the purchase order. Seller may withdraw from the sales contract and sell the goods to another person, should the buyer fail to take over the goods on the date agreed in the sales contract.

5.4. Seller has the right to appeal to the buyer for takeover of the goods before the date agreed in the sales contract.

5.5. The weights and contents (of the goods), given in the catalogs, leaflets, and other sections of the seller’s website are informative only, not binding to the seller.

5.6. The location of delivery is understood as the one agreed in purchase order confirmation, if not otherwise stated in the sales contract. Seller reserves the right not to deliver goods to the areas marked as pedestrian only.

5.7. In case the seller delivers the goods to the buyer to the location required in the sales contract by the buyer, buyer is obliged to takeover the goods in person or to provide another person with authorization to takeover the goods and sign the delivery note. Another person authorized for takeover of the goods as stated in the sales contract is obliged to present original or the copy of the sales contract and evidence of payment (or to pay on site), and authorization in writing. Where the non-taken goods have been taken off subsequently and where the seller has not yet exercised the right to withdraw as in the previous point the seller shall have the right to claim from the buyer all resulting costs, especially subsequent delivery costs. The delivery period shall be deemed fulfilled on the date when the goods are made ready to be taken off by the buyer. The goods are considered as collected at the moment of its physical takeover by the buyer or by the buyer-authorized person, or alternatively by refusal of goods takeover, which shall be marked in the delivery note by the carrier.

5.8. Buyer shall have the right and obligation to inspect the goods and their packaging immediately on arrival. In case he finds any defects on the goods or their packaging, he is obliged to inform the carrier and inspect the goods in carrier’s presence. In case the goods’ defects will be confirmed, the buyer is obliged to issue a note about the nature and scope of the defects, which shall be confirmed by the carrier. The above mentioned note should be then delivered to the seller, who can offer to remove the defects, offer discount on the purchase price or, in case the defects are not removable, deliver the new goods to the seller.

6. Purchase price

6.1. Buyer is obliged to pay a purchase price as it has been stated in the sales contract and/or in accordance with the price list of the seller valid in the time of conclusion of the sales contract, including delivery costs. Buyer is obliged to pay the ‘purchase price’ in cash while on site on the goods delivery, or possibly deposit the cashless payment to thes seller’s bank account.

6.2. The seller reserves the right to modify the purchase price in the event of legal regulations’ modifications, change of exchange rate of the Slovak crown or price modifications by the goods’ producers or suppliers.

6.3. In case of cashless payments, the date of purchase is defined as the date, when the full purchase price has been deposited into the bank account of the seller.

6.4. The buyer is obliged to pay the purchase price to the seller for the goods in the time period agreed in the sales contract, but by the time of the takeover of the goods at the latest.

6.5. In case the buyer already paid the purchase price as agreed in the sales contract to the seller, the buyer may withdraw from the contract and ask for the refund only in accordance with the valid legal regulations of the Slovak Republic.
 

7. Transfer of the ownership and the risk of goods damage

7.1. Transfer of full ownership rights in the goods shall not pass to buyer until buyer has paid full purchase price to seller.

7.2. The risk of goods damage is transferred to the buyer at the time of the goods takeover. In case the buyer does not collect the goods in agreed time period, the risk of goods damage is transferred to the buyer at the moment the seller enables the buyer to manipulate with the goods. The same applies for the case when delivery was attempted but was refused by the buyer. Buyer bears all risks of loss or damage of the goods after the goods have been received by buyer.

8. Disclaimers, warranty and the seller’s complaints’ regulations
8.1. The seller is responsible for goods’ defects and the buyer is obliged to deliver the complaint without delay, and in accordance with the valid seller’s complaints’ regulations. Buyer must give specific written notice to seller regarding any problems or defects associated with the goods at the time of delivery without delay.

8.2. Complaints are processed according to the valid seller’s complaints’ regulations. By the submission of the purchase order the buyer confirms to have made himself/herself familiar with the terms and conditions regarding complaints, including the premises assigned for complaints’ collection and he agrees to them and is accepting them.
8.3. The seller’s complaints’ regulations are valid for the goods purchased by the buyer from the seller via the seller’s website.

8.4. The seller’s complaints’ regulations are valid for all orders, if different warranty conditions have not been agreed in the contract.

8.5. Buyer has the right to claim warranty only to the defects caused by the producer, supplier or the seller, only for the goods with valid warranty period and only for the goods purchased from the seller.

8.6. Buyer shall have the right and obligation to inspect the goods on arrival. If he fails to inspect the goods on arrival, he is obliged to prove that the defects were already present at the time of the goods’ takeover.
8.7. The revealed defects must be indicated in the delivery note and confirmed by the carrier; otherwise they shall not be recognized.

8.8. If the customer reveals any defects on the goods, he shall bring or deliver the goods and filled complaint form to the seller’s premises. The form of the complaint has been imposed by the seller and it is available on his website. Buyer is obliged to indicate the exact nature and scope of the defects in the complaint form.

8.9. The seller is obliged to collect complaints in any of his premises assigned for complaint acceptance, at the seat of the company.

8.10. The seller is obliged to provide a person for collecting complaints at the premises defined in article 8.9 of this contract.

8.11. Buyer is obliged to claim the goods’ defects without any delay. Failure to provide such claim immediately shall result in buyer’s deemed irrevocable waiver of any right to make any claim against seller with respect to problems associated with the goods.

8.12. Seller shall issue a document of complaint’s acceptance in an adequate form, where all the goods’ defects have to be specified in detail.
8.13. Seller shall resolve the claim immediately, or up to 3 days from the beginning of the complaint process in more complex cases. In case the seller or another person claims the complaint is unjustifiable, the seller shall send the goods at his own expenses to an expert or authorized, notified or accredited person, in order to obtain an expert report. In case the expert report confirms the complaint is unjustifiable, or declares the seller is not responsible for the defects, or no defects are revealed, buyer has to defray all related expenses of the seller, all expenses of another person handling the complaint, as well as all expenses of the expert, authorized, notified or accredited person to provide an expert report, especially the expenses for transport of the goods between all above mentioned participants and all expenses resulting from the complaint resolution. Buyer is obliged to pay all the above mentioned expenses in 30 days from submission of the list of expenses resulting from unjustifiable complaint to the buyer. He may pay in cash or deposit the respective amount to the seller’s bank account.
 

8.14. Buyer has no right to apply warranty on defects, of which he was made aware at the time of sales contract conclusion, or of which he has to be aware with regards to the circumstances of the sales contract conclusion.

8.15. Seller reserves the right to replace faulty product with a new one with similar characteristics.
8.16. The defect liability shall not ensue and the warranty shall not be used if
a) buyer fails to present the evidence of payment or the delivery note
b) buyer fails to inform the seller about the visible defects by the time of the goods takeover
c) warranty of the respective goods expired
d) mechanical damage of the goods was caused by the buyer
e) the goods were used in environment, which is not deemed standard and natural when considering its humidity, chemical and mechanical impacts
f) lay manipulation or operation was employed, or the goods’ maintenance has been neglected
g) the goods were damaged by congestion or by have been used in conflict with general principles, technical norms or safety regulations valid in Slovak republic
h) the goods have been damaged by unavoidable and/or unexpected accidents
i) the goods have been damaged by accidental destruction or deterioration
j) the goods have been damaged as a result of inexpert infringement, they have been damaged during delivery, or damaged by water, fire, static or atmospheric electricity or interference of higher powers
k) the goods have been damaged by infringement of the person unauthorized to do so

8.17. the seller is obliged to resolve the complaint and bring the complaint process to a conclusion via some of the following means:
a) exchange of the goods
b) reimbursement of the purchase price of the goods
c) payment of discount from the purchase price of the goods
d) a written appeal to collect the compensation determined by the seller
e) a substantiated refusal of the claim as unjustifiable

8.18. The seller will process the claim without unreasonable delays, within 30 days from the beginning of the claim the latest and will provide buyer with the written evidence about resolution of the claim.

8.19. Warranty is defined by the producer of the goods and shall be on the goods package.

8.20. In the event the goods are replaced by new ones, the buyer shall receive a new document and any future complaints will be dealt with on the grounds of the original delivery note and the document received upon an exchange of the goods.

8.21. In case of unjustifiable claims, buyer is obliged to pay to seller a fee in amount of 500 Slovak crowns per each hour of the sales-assistant work.

8.22. Resolution of the complaint applies only to the defects specified in the complaint form.

8.23. For the purpose of the complaint, repeatedly removed defect is defined as the defect which was repeatedly removed more than twice.

8.24. For the purpose of the complaint, larger amount of different removable defects is defined as occurrence of more than three different removable defects at the same time.

8.25. For the purpose of complaint ‘the period during which the buyer cannot use the goods’ is defined as the summary of periods during which the buyer cannot use the goods as a result of their defects, if it was more than 180 days in total.

8.26. The right to complaint about the defects of the goods is seen as consumed after the buyer applied the right to remove the defects of the goods according to the article 8.8 of the sales conditions. The buyer is no longer entitled to apply the complaint about the same defect again, regardless of the resolution of the complaint.

8.27. In case the claim has been declared unjustifiable, but the goods defect exists and was not removed, the buyer can apply the right to remove the defect by means of the court.

9. Privacy policy

9.1. The contracting parties agreed that the buyer, in case he is a natural person, is obliged to provide his name and surname, permanent address including zip code, phone number and e-mail address.

9.2. The contracting parties agreed that the buyer, in case he is a corporate body, is obliged to provide his business name, the seat of the company, including zip code, company registration number, phone number and e-mail address.

9.3. Buyer claims that in accordance with article 7, section 1 Act no. 428/2002 on the personal data protection, he provides his personal data to the seller and agrees that the seller can process and store them in all his information systems, especially those mentioned above and/or those which are essential for the seller’s activity. Seller commits to process the personal data of the buyer in accordance with the valid legal regulations of the Slovak republic. The buyer’s approval to use his personal data can be anytime recalled by the buyer in written form. If this is the case, the approval will be terminated in one month counted from the time of delivery and seller’s acceptance of its written recall.

9.4. By the submission of the purchase order ,buyer agrees with the fact, that seller has the right to send him information concerning the seller’s activities, offers and promotions and allows him to do so without sending any previous notice to do so.

10. Recision of the sales contract

10.1. Seller has a right of recision of the contract in case the producer, supplier or importer of the goods (which are the object of the sales contract) terminated the production or implemented modifications so significant, that it is no longer possible to fulfill the obligations of the seller resulting from the sales contract.
10.2. By the submission of the purchase order, buyer asserts that the seller has properly and timely fulfilled his obligation to inform the buyer, according to Article 10, Act on Customer Protection in consignment trade.
 

11. Final provisions

11.1. Seller reserves the right to modify these sales conditions. Obligation to inform about their modification shall be fulfilled by the moment the modified version of the sales conditions will be published on the seller’s website.

11.2. If the sales contract has been in writing, all its changes must be carried out in writing.

11.3. In case of any disputes, the contracting parties agreed that the period of usage is defined as the period beginning by the moment the goods are delivered to the buyer according to 5.7 of these sales conditions and are terminated by the day of delivery of goods to the seller according to 11.4 of these sales conditions.

11.4. The contracting parties agreed on the communication via e-mail.

11.5. The relations not specifically regulated in these sales conditions are subject to the Civil Code, Act No. 22/2004 Coll. on Electronic trade and on amendments and supplements to Act No. 128/2002 on State control of the internal market in matters of consumer protection, amending and supplementing other Acts in the wording of Act No. 284/2002 Coll.
11.6. Sales conditions come to effect upon the conclusion of the sales contract.

11.7. Sales conditions shall take effect upon buyer’s submittance of the filled purchase order and the buyer confirms to have made himself/herself familiar with their full contents, agrees to them and is accepting them.