Terms and conditions

 
 
 

Hotline: +421 917 961 386 (Mon - Fri 7:00 - 16:00)

 
 
Deal of the Day
10.11.2019Time left:
 
 
 
Introduction > Terms and conditions
 
 
 

Terms & Conditions online eshop afg.sk, s.r.o

General terms and conditions of the online store afg.sk, s.r.o.

Introductory provision

These terms and conditions are valid for purchase in the online store operated by the company afg.sk, s. r. o., based at Javorová, Veľké Bielice 451/32, 958 04 Partizánske, ID no.: 36 249 955 (hereinafter referred to as the Seller) concluded using the system of the electronic store www.afg.sk (hereinafter ''the System''). The conditions further define and clarify the rights and responsibilities of the Seller and their customers (buyers).

Order and conclusion of contract

1. All orders placed through the Seller's online store are considered binding. The Buyer will be prompted before sending the order to check the box to confirm that they have read these general terms and conditions, fully comprehended their contents and that they agree with them. The subject trade terms will apply to all sales contracts between the Buyer and Seller which are concluded through the online store as distance contracts and to all relations arising therefrom.

2. a) The Buyer's order represents a binding proposal for conclusion of the Purchase Contract. The Purchase Contract is concluded the moment of the Seller's agreement delivery with a draft of the purchase contract to the Buyer, i.e. confirming the order from the Seller in the form of e-mail ''order confirmation'' that will be sent to the email address specified in the Buyer's order. Silence or inactivity of the Seller by themselves do not imply acceptance and/or confirmation. From the moment of the Purchase Contract conclusion, mutual rights and obligations arise between the Buyer and the Seller which are defined by the Purchase Contract and these Terms and Conditions, which are an integral part of the purchase contract.

b) The Contracting Parties agree that the Purchase Contract and all relations arising therefrom shall be governed by Slovak legal system. The place of the purchase contract conclusion is the Slovak Republic. The provision of this paragraph shall not apply to the sale of goods by the company JGS NOVA, s.r.o. based in the Czech Republic, as the goods of the company are subject to a separate purchase contract concluded between JGS NOVA, s.r.o. as the Seller, and any third person as the Buyer and this relationship is subject to JGS's general terms and conditions.

3. A condition of an electronic order is to fill all the information and requirements prescribed by the registration form and content approval of the order.

4. The place of delivery is the address given by the Buyer in the registration form.

5. Acceptance of the goods at the agreed place passes the title to the goods to the Buyer. The Buyer who does not meet the consumer definition in § 2 let. a) of the Act, acquires the title to the goods by full payment of the whole purchase price for the goods.

6. The Buyer has the right to cancel their order within 24 hours from ordering, through e-mail or telephone. Such an order cancellation is considered by the Seller as canceled. When canceling the order, your order number, name and email resp. contact details should be noted.

If it becomes necessary to repeat the delivery of goods due to the Buyer's unavailability or if the Buyer without the prior written withdrawal from the purchase contract does not accept the goods, the Seller is entitled to claim compensation for damages in the amount of actual costs for the unsuccessful attempt to deliver the goods.

In case of order cancellation, we do not charge any fees relating to the cancellation of the order. In the event that the Buyer used as a form of payment ''payment to the company account'', the Seller shall return the funds by bank transfer to the Buyer's account within 7 days. In other cases, it is necessary that the Buyer indicated the account number and bank name, unless they agree with us on a different method.

7. The Seller has the right to cancel the order if due to selling off their stocks or unavailability of the goods, even after all efforts that may be fairly required of them, they are unable to deliver the goods to the Buyer within the period set by these terms and conditions or at the price which is listed in the online store, unless they agree with the Buyer on compensation. The Buyer will be informed about the order cancellation by phone or email and in case of the purchase price payment or its part, their funds will be returned within 7 days to the designated account, unless they agree with the Buyer otherwise.

8. Duration of a special offer – all special offers are valid until the stock lasts, unless otherwise indicated at a specific product.

9. The color display of the goods on the monitor may not accurately reflect the real color shades that the Buyer actually sees. The display of color shades is also dependent on the quality of the display monitor, resp. other display device used.

Sale of goods with restriction

Under applicable law, the purchase of certain types of goods is restricted by reaching the age of 18 years, respectively, an exception awarded by the Ministry of Interior pursuant to § 8 paragraph 2 Act no. 190/2003 Coll. on Firearms and Ammunition and on amendments to certain acts, as amended (hereinafter referred to as the Act).

This includes the following groups of goods:

•    category A firearms and ammunition (§ 4 Act),

•    category B firearms (§ 5 Act), subject to authorization procedure and record-keeping obligation pursuant to the third, fourth and sixth part of the Act,

•    category C firearms (§ 6 Act), subject to authorization procedure and record-keeping obligation pursuant to the third, fourth and sixth part of the Act,

•    category C firearms (§ 7 Act), subject to record-keeping obligation pursuant to § 37 of the Act,

•    means of self-defense (defensive sprays, batons, brass knuckles, tonfas and other products).

According to § 2 paragraph 1 point a) of the Act, a firearm means a portable device that fires, is constructed or can be modified to fire the shot, and whose principle of the function is immediate release of energy when fired; a firearm is also considered its main part, a part of a firearm, a firearm replica and firearm imitation.

To purchase these types of goods in our online shop, it is therefore necessary to: send a (legible) photocopy of both sides of the ID card by:

•    email to: info@afg.sk.

Without meeting the aforementioned conditions, an order containing any of the aforementioned types of goods cannot be dispatched and will be canceled. In agreement with the Seller, it is possible for such an order to be dispatched without the disputed items. Any additional personal information provided will remain confidential and is treated according to the provisions referred to in the paragraph Customer Privacy Policy, and according to the Act on Personal Data Protection.

Before completing and submitting an order, the Buyer is informed of the obligation to state in the order their correct and valid data, and by entering and confirming the order, the Buyer confirms that they have been instructed of this fact and acknowledges that for entering incorrect and invalid data they take full responsibility.

Sale of goods abroad

Have you found on our website a product that you would like to buy, but you are currently or live abroad? Our ambition is to satisfy the wishes of all customers, regardless of the place of delivery. If it is outside the territory of the Slovak Republic, we handle payment and delivery options individually depending on your place of residence and the size and weight of the ordered goods.

When selling goods abroad (outside the territory of the Slovak Republic), the Buyer is obliged to comply with the relevant legislation of the country into which, in compliance with their requirement laid down in the order, the goods should be dispatched, particularly beforehand to check whether possession, ownership acquisition and import by them ordered type of goods is not banned / regulated in the country as well as the fact whether the country does not prohibit the sale of the goods by them ordered through the internet (prohibition on conclusion of distance contracts).

The Buyer who requests delivery of goods abroad (outside the territory of the Slovak Republic) shall confirm the fulfillment of the abovementioned obligations and legal lawfulness of by them ordered type of goods under the abovementioned arrangement by checking the box within the order form.

The Buyer who requests delivery of goods abroad (except the Slovak Republic territory) is fully aware of all criminal and other sanctions connected with giving any false declarations in relation to the fulfillment of their obligations under this section of the terms and conditions for which they bear full responsibility.

In the case of purchases from outside the EU, an individual approach is taken. With such purchases, it is necessary to note, especially with unforeseen costs arising from duty on goods in the country of delivery and other costs associated with the importation of goods which the consignor or shipper cannot determine in advance, these shall be borne by the recipient, unless otherwise agreed.

Payment methods

                  Bank transfer to the Seller's account in Tatra Banka a.s.

                  Using payment cards (VISA, Maestro, MasterCard, Diners Club)

                  Cash on delivery

                  Collection in person

Shipping and delivery terms

Important information for international customers is the price of dispatch. This amount is determined individually, depending on the total order price, size, weight, volume and place of delivery. We can, of course, provide this information before the actual order.

In the case that the delivery terms are accepted, nothing prevents us from successful implementation of the trade. We deliver by Remax courier.

Delivery conditions, dispatch time and shipping costs

1. The Seller is obliged to implement the Buyer's order and deliver the goods to the Buyer within no more than 30 days. If there is not in the description of the ordered product specified otherwise, all the goods which are in stock, are usually dispatched within 7 business days after order confirmation. In case that the ordered goods are not produced, resp. it is not in the Seller's operational capacity to ensure the goods to the Buyer, or the acquisition of the goods would involve unreasonable cost, or for reasons of force majeure, or even if making every effort that may reasonably be required of them, they are unable to deliver the goods to the Buyer within the period specified by these terms and conditions or the price stated in the order, the Seller is obliged to immediately inform the Buyer of this fact and at the same time they are obliged to offer the Buyer a substitute performance or the option  for the Buyer to withdraw from the Purchase Contract (cancel the order).

If the Buyer does not accept the substitute performance offered by the Seller nor do they withdraw from the Purchase Contract within a reasonable period, the Seller shall be entitled to withdraw from the Purchase Contract and, if the Buyer has already paid the purchase price or its part, the Seller shall return the already paid purchase price or its part within 14 days from the date of delivery of the withdrawal from the Purchase contract to the Buyer.

2. Each Customer is informed of delivering the goods by email. The order can be checked when you log into the system. The Customer is also notified about the status of the order by email.

3. In the event that the Buyer does not select ''collection in person'' as the form of delivery, the goods, under the explicit requirement in the order, will be delivered to the address by them specified. In order to meet such a requirement, the Seller is hereby authorized by the Buyer to ensure the delivery of by them ordered goods through a delivery service.

4. Delivery of goods to the territory of the European Union Member Countries, if necessary, other countries, is carried out on the basis of mutual consent and prior written approval of rate for shipping and packaging and, if necessary, other delivery terms between the Buyer and Seller.

5. In acute cases (e.g. the goods are intended as a gift, or they must be delivered before leaving for vacation) our Customer may request priority order implementation. In the order, it is possible to specify priority order implementation, resp. to supply this requirement by telephone. The goods will be sent as a package via the Remax delivery service with delivery within 24 hours (the next working day after dispatch).

6. If a part of the goods ordered is not currently in stock or needs to be custom-made, we will suspend the entire order and inform the Customer about the approximate time of the entire order dispatch. The Customer, on the basis of this information, may request dispatch of that part of the goods which is in stock within the period specified by the terms and conditions and the remainder of the goods will be dispatched as soon as they become available. In this case, the Customer will pay the postage for both items.

7. The goods that you have ordered will be delivered to you via the delivery service. Each shipment will include a warranty certificate and instruction manual. The invoice will be sent to your specified email address. Goods of above the average dimensions or goods heavier than 30 kg will be delivered in a manner that will be agreed separately with you.

8. The Buyer is entitled to check the shipment, i.e. the goods and their packaging immediately after delivery in the presence of the Seller's representative. In the event of defects existence in the goods, the Seller's representative shall allow the Buyer to make a record of the extent and nature of the goods defect whose correctness will be confirmed by the Seller's representative. Based on this carried out record delivered to the Seller, the Buyer may refuse to accept the goods delivered with a defect or to confirm delivery of goods with a defect and subsequently to claim the defective goods at the Seller or a designated person. If the Buyer refuses to accept the goods delivered with a defect, all the purposefully spent costs of returning the goods to the Seller shall be borne by the Seller.

Money Back Guarantee

You know exactly what you get. If you are not satisfied with the delivered goods, you can return them without giving any reason. You can return the goods within 14 days of receiving the shipment. We will refund you the money or exchange the goods for other ones as you wish.

1. Since, in the event of withdrawal, the contract is canceled from the start, the Seller shall return or replace to the Buyer and the Buyer to the Seller all reciprocally accepted performance.

2. If the Buyer chooses to withdraw from the Contract, they are required to comply with the following conditions:

a) To exercise their right to withdraw from the Contract solely in writing, by registered mail sent to the address of the Seller's registered office listed in the Contact section, by e-mail at info@afg.sk or in any other manner not giving rise to any doubt that the Contract has been withdrawn; in the written withdrawal indicate the order number, name and surname, date of purchase and their account number or address for refund.

b) If the Buyer has received and accepted the goods, they will send them back at their own cost to our address listed in the Contact section. Please return the goods:

  • If possible, in the original undamaged packaging,
  • Unused,
  • Undamaged,
  • Complete (including the package leaflet, etc.),
  • Along with the proof of purchase.

c) Once the above conditions are met, the Seller is required to refund the purchase price for the goods to the Buyer in the same manner the Buyer used to pay in their payment, unless otherwise agreed with the Buyer without additional charges being charged to the Buyer in this regard.  The Seller is obliged, without undue delay, to return to the Buyer, within 14 days from the date of delivery of the notice of withdrawal, all the payments received from them under the Purchase Contract or in connection therewith, including shipping, delivery and postage costs and other costs and fees. The Seller is not obliged to return the payments to the Buyer before the goods are delivered to them or until the Buyer proves sending the goods back to the Seller, unless the Seller suggests collecting the goods in person or through an authorized person. The Seller is not obliged to reimburse the Buyer for additional costs if the Buyer has expressly chosen a different way of delivery than the least expensive standard delivery method offered by the Seller. Additional costs are the difference between the cost of delivery chosen by the Buyer and the cost of the cheapest normal delivery method offered by the Seller.

d) We recommend sending the goods by registered mail and insured, as we are not liable for any loss on its way to us. We do not accept cash on delivery.

e) In the event that the Buyer withdraws from the Contract and delivers the reduce-value goods which are used, damaged or incomplete to the Seller, the Buyer shall reimburse the Seller for the costs of repairing and restoring the goods.

f) Unfortunately, in the event of failure to comply with any of the above conditions, we will not be able to accept the withdrawal and the goods will be returned at the Buyer's expense.

The Buyer has the right after receipt to unpack and test the goods in a similar way as it is common when buying at a classic ''brick-and-mortar'' store and to the extent necessary to determine the nature, characteristics and functioning of the goods.

The withdrawal period begins on the day the Buyer or a third party designated by them, except for the carrier, takes over all or part of the goods ordered, or

a) the goods ordered by the Buyer in one order are delivered separately from the date of receipt of the goods which were delivered last,

b) delivers goods consisting of several parts or pieces, from the date of receipt of the last part or last piece,

c) based on the Contract, the goods are delivered repeatedly for a limited period, from the date of receipt of the first delivered goods.

4. The Buyer may withdraw from the Purchase Contract, the subject of which is the purchase of goods even before the start of the withdrawal period.

Withdrawal from the Contract must be made by the Buyer in writing in a manner which does not give rise to doubt that the Contract has been withdrawn, or in the form of an entry on another durable medium or using the form found here in these terms and conditions. The withdrawal period shall be deemed to be maintained if the notice of withdrawal was sent to the Seller at latest on the last day of the time limit set forth in the provisions of Art. § 7 para. 1 of the Consumer Protection Act in Distance Sales.

Terms and Payment (postage)

On the ordered goods, which are in the order (which you have confirmed), our system, based on your order confirmation, generates an invoice from the supplier afg.sk, s.r.o. The invoice will include products with 20% VAT.

afg.sk, s.r.o. offers many possible ways of payment. The ordered products will be delivered by the Remax delivery service. We try to make the shipping costs the most advantageous. The shipping costs are charged according to the value of your order and payment method. Further information regarding shipping costs can be found under ''Shipping Rates''.

Undelivered shipments

1. If a shipment is returned as undelivered without our fault (the postal service did not find the recipient, did not notify them about the delivery, the Customer inadvertently or deliberately did not take over the shipment, etc.), we will send the Customer an e-mail requesting information about what to do next with their order. The answer to this challenge is expected within 7 days from sending the message.

2. If the Customer asks us to resend the shipment, we will charge the postage at the same amount as the first shipment for the second time.

3. Resending of an undelivered shipment is possible based only on payment in advance.

4. If the Customer does not respond to our challenge within the proposed deadline, we will cancel the order. The Customer will be notified about the order cancellation. In this case, the Customer's next purchase will be possible only after payment for goods in advance (bank transfer). If the payment is alright, this payment limit will be canceled for future orders.

5. Any claims will be dealt with in accordance with the Complaint Rules of the online store afg.sk, s.r.o. and the law in force in the Slovak Republic.

Withdrawal from the purchase contract (mail order)

  1. The Buyer is entitled to withdraw from the purchase contract without giving any reason in accordance with sec. § 7 et seq. Act no. 102/2014 Coll. on Consumer Protection in Distance Sales (hereinafter the ''Act on Consumer Protection in Distance Sales'') within 14 days of receipt of the goods, resp. from the conclusion date of the contract for the provision or contract for the provision  electronic content which is not supplied on a tangible medium if the Seller timely and properly fulfills information obligations pursuant to sec. § 3 Act on Consumer Protection in Distance Sales. At the withdrawal from the contract, the Buyer is obliged to send the goods back no later than 14 days after the withdrawal or deliver them to the Seller in the agreed manner.

The Seller shall not be obliged to return to the Buyer any payment prior to delivery of the goods or until the Buyer proves that the goods have been returned to the Seller unless the Seller suggests that the goods be collected by the Seller or through a person authorized by the Seller.

  1. If the Buyer withdraws from the purchase contract, any additional contracts related to the Purchase Contract the Buyer has withdrawn from, shall be repealed.
  2. The Buyer has the right to unpack the goods and test them in a similar manner to the usual purchase in the classic "brick and mortar" store to the extent necessary to determine the nature, characteristics and functioning of the goods. The Buyer is responsible for any impairment of the goods. Testing thus does not mean starting to use the goods and returning them to the Seller after a few days.
  3. If the Buyer decides to withdraw from the contract within the period specified in point 1., they shall comply with the following conditions:

To exercise their right to terminate the contract exclusively in writing by registered mail sent to the Seller's address listed in the Contact section, by e-mail at info@afg.sk or other means preventing any doubt on withdrawal from the contract; in a written withdrawal indicate the order number, name and surname, date of purchase and their account number or address for a refund.

Prior to the withdrawal, we recommend contacting the Seller by phone and arrange necessary formalities in respect of the return of the goods.

If the Buyer has received and taken over the goods, they will send these back at their own expense to the Seller's address, listed in the "Contact" section. Reasonable care of items must be retained. Please send the goods back:

Preferably in the original, undamaged packaging,

Unused,

Undamaged,

Complete (including the package leaflet, etc.),

Together with the proof of purchase.

Once the above conditions are met, the Seller is required to refund the purchase price for the goods to the Buyer in the same manner the Buyer used  in their payment, unless otherwise agreed with the Buyer without additional charges being charged to the Buyer in this regard.  The Seller is obliged, without undue delay, to return to the Buyer, within 14 days from the date of delivery of the notice of withdrawal, all the payments received from them under the Purchase Contract or in connection therewith, including shipping, delivery and postage costs and other costs and fees. The Seller is not obliged to return the payments to the Buyer before the goods are delivered to them or until the Buyer proves sending the goods back to the Seller, unless the Seller suggests collecting the goods in person or through an authorized person. The Seller is not obliged to reimburse the Buyer for additional costs if the Buyer has expressly chosen a different way of delivery than the least expensive standard delivery method offered by the Seller. Additional costs are the difference between the cost of delivery chosen by the Buyer and the cost of the cheapest normal delivery method offered by the Seller.

It is advisable to send the goods by registered mail and insured since we are not liable for any loss on the way to us. COD shipments will not be accepted.

In the event that the Buyer withdraws from the contract and delivers to the Buyer goods with reduced value, which have been used, damaged or are incomplete, the Buyer shall pay to the Seller the costs incurred in connection with repair of the goods and their restoration to the original state. In the event of failure to comply with any of the above conditions, unfortunately we will not be able to accept the order cancellation and the goods will be returned back at the expense of the Sender. The withdrawal from the Purchase Contract pursuant to the previous point of these business and claims conditions shall contain the information required in the form of withdrawal from the Purchase Contract which can be found here, particularly the Buyer's identification, order number and date, the exact specifications of the goods, the manner in which the Seller has to reimburse the already received consideration, in particular, the Buyer's account number and/or mailing address.

  1. If the Buyer withdraws from the Purchase Contract, any ancillary contract associated with the Purchase Contract, from which the Buyer has resigned, shall be terminated from the beginning. It is impossible to claim from the Buyer any expenses or other charges in connection with the termination of ancillary contracts except reimbursements and payments referred to in provision § 9 para. 3, provision § 10 para. 3 and 5 Act on Consumer Protection in Distance Sales and Price for the Service.

Customer Privacy Policy

1. A condition of your order execution is recording your personal data. The Contracting Parties agree that the Buyer, in the event that they are a personal entity, is obliged to inform the Seller of their name and surname, permanent address including zip code, personal identification number, telephone number and email address, ID card number (if requested by restricted sales). The Contracting Parties agree that the Buyer, in the event that they are a legal entity, is obliged to inform the Seller of their business name, registered office address including zip code, ID number, telephone number and email address.

2. Provision of personal data is optional, voluntary, but in the event of failure to provide it, it will not be possible to meet your requirements and enable you to make a purchase in our online store.

3. afg.sk, s.r.o. while respecting people's privacy is committed to only collect that personally identifiable information (the information that allows or facilitates the identification of any person, e.g. name, address, email, as well as information on the person claiming legal title of this person to purchase in our company the products which are subject to a separate procedure) that you yourself and voluntarily provide and which we necessarily need in order to provide the best possible service.

4. In the case of ad hoc, our company can ask you for personal information beyond the standard personal data (e.g. if it is required by a generally binding regulation), but solely for the purpose of providing qualified services and on condition that you are informed about these facts in advance. Whether you inform us about this information, will be up to you.

5. That personal data which is part of the order and was communicated to us during customer registration process, is considered confidential by our company and is protected against misuse. If additional documents (e.g. a copy of your ID card) are required to enable the purchase, all the specified data in these documents is treated in the manner set forth in these Terms and Conditions. This data is stored in a protected database on our server, so you do not have to re-enter it at each visit. This data is also necessary for our accounting and billing system. Your data and other settings can be changed at any time via email or directly in online mode after logging into the system. If you wish to cancel your registration, please email us. Your account will be deactivated.

6. The Buyer can withdraw this consent at any time in writing (email, fax, letter). Our company records and processes your personal information supplied by you for the purpose of trade, services and verifying the Buyer's age.

7. If you provide your personal data in order to obtain products (visibly marked in our offer) by a minor or a juvenile, even though such products may only be purchased and used by persons older than 18 years of age, you will be legally liable for breach of generally binding laws.

8. afg.sk, s.r.o. is committed to using your personal data solely to connect with you in order to comprehensively meet your needs and to continually improve the services of our company.

9. afg.sk, s.r.o. commits that the information on personal data obtained through our website and online store will not be provided, sold nor rented to any third party unless this fact is subject to mutual agreement before trade.

10. afg.sk, s.r.o. may use personal data sporadically or any part thereof in aggregate form solely for statistical analyses, tests or reports, provided that no personally identifiable information about a particular person can be obtained from such data.

11. afg.sk, s.r.o is forced to disclose your personal data only to organizations with which it is necessary to cooperate in processing your order. These are banks (whose clients can pay via internet banking) and companies providing transport of our products to you based on your binding order. These companies are responsible for protecting your personal data in accordance with the applicable law of the Slovak Republic.

12. Providing personal data is voluntary and optional. afg.sk, s.r.o. will receive, use, store and discard your personal data in accordance with the relevant internal normative legal acts of the company.

13. The Buyer on the basis of a free written request has the right at the Buyer to object to to the processing of their personal data which they consider to be or will be processed for direct marketing purposes including profiling to the extent that it is related to such direct marketing. If the Buyer objects to such processing, the Seller will cease processing personal data for direct marketing from the date of delivery of such objection to the Seller and the personal data of the Buyer concerned may no longer be processed for such purposes.

14. afg.sk, s.r.o will contact you only if you provide your phone (fax) number or email address. If we contact you and you are not interested in receiving more information from us about our products, please let us know by any of the above options.

15. If you provide us with your personal data, you will be able to change this data, resp. delete it, provided that you notify us by phone, fax or by sending an email.

16. afg.sk, s.r.o. keeps your personal data secure and it is protected from unauthorized interference, especially misuse or disclosure in a manner which is exhaustively defined in the applicable internal normative legal act of our company.

17. If you wish to update your personal data or want to be more comprehensive about the privacy of our company, please write to us or contact us with any of the options provided.

18. afg.sk, s.r.o. reserves the right to update, if necessary, the data contained on the website and regarding data protection.

19. The Seller hereby informs the Buyer that due to the performance of the concluded Contract, while processing the Buyer's personal data, it is assumed that their personal data will be provided and made available to the following third parties, resp. beneficiaries:

Geis Parcel SK s.r.o. based at Trňavská 6, 960 01 Zvolen, ID: 46 489 592, registered in the Commercial Register of the District Court Banská Bystrica, File No. 21503/S.

Claim procedure of the online store afg.sk, s.r.o.

Instruction on the Seller's Liability for Defects of Goods (§ 622 and 623 of the Civil Code)

If it is a defect of the goods that can be removed, the Buyer has the right to have the defect timely and properly removed for free. The Seller is obliged to promptly remove the defect.

Instead of removing the defect, the Buyer may require exchange of the goods, or, if the defect concerns only the part of the goods, replacement of the component, unless the Seller incurs unreasonable costs with respect to the price of the goods or seriousness of the defect.

The Seller may always, instead of removing defects, replace the defective item for a faultless one if it does not cause any serious problems to the Buyer.

If it is a defect of goods that cannot be removed and prevents the goods from being properly used as a non-defective item, the Buyer has the right to exchange the goods or has the right to withdraw from the Contract.

The same rights belong to the Buyer if it is a removable defect, but the Buyer cannot properly use the goods for recurrence of the defect after a repair or for several defects.

If there are other irreparable defects, the Buyer has the right to a reasonable discount on the price of the goods.

The Seller instructed the Buyer about their rights under the law § 622 of the Civil Code and the rights arising from § 623 of the Civil Code by placing these Terms and Complaint Conditions on the relevant sub-page of the Seller's e-shop, and the Buyer had been able to read them before the order was sent.

Claim

Claim procedure of afg.sk, s.r.o. for purchase contracts concluded at a distance.

1. General provisions

This Claim Procedure ensures the conditions of liability for defects of goods sold and their application by the Buyer pursuant to Act no. 40/1964 Coll. Civil Code, as amended, and Act no. 250/2007 Coll. on Consumer Protection, as amended, in the www.afg.sk online store (hereinafter referred to as the Seller).

The Claim Procedure forms part of the Terms and Conditions. By ticking the box before sending the order, the Buyer confirms the familiarity and acceptance of all the Terms and Conditions.

2. Inspection of goods upon receipt

The Buyer is obliged to check the completeness and flawless condition of the product immediately. Additional complaints about the quantity or type of goods will only be accepted if the Buyer proves that the defects claimed were already present on the goods at the time of receipt from the carrier.

If the shipment delivered by mail or courier is not complete, inform the carrier immediately and contact us by phone on our telephone number +421917961386 or by email at reklamacie@afg.sk.

3. Warranty period and warranty conditions

The warranty period starts from the receipt of the item by the Buyer and is valid for 24 months. The warranty period shall be extended by the time that the product has been under repair, based on the attached proof of previous repair (claim).

Any discovered defect shall be communicated to the Seller and the claims arising from the defect of the goods applied until the end of the warranty period. Upon expiration of the warranty period, the right to make a claim expires.

The Customer is obliged to follow the manufacturer's instructions and recommendations for the use of the product.

The Buyer has the right to claim liability for defects of goods purchased from the Seller for which the manufacturer, supplier or Seller is responsible during the warranty period.

For fulfillment of any warranty repairs, the Customer is obliged to retain the warranty certificate from the manufacturer, resp. an official distributor if it is packaged with the goods. If the original warranty card is not included, then it is replaced by the invoice which is shipped with the product.

The warranty does not apply to defects caused by wear and tear caused by normal use of the goods, forced manipulation, unprofessional opening, unprofessional tampering with the mechanisms of the device.

The warranty does not cover cases of mechanical damage caused by the Buyer, damage caused by excessive or inappropriate use, neglect of care about the goods, exposure to foreign substances (water, chemicals, etc.) or damage caused by force majeure.

The warranty does not cover defects of which the Buyer was notified by the Seller at the time of conclusion of the Contract, or which, having regard to the circumstances under which the Purchase Contract was concluded, they had to know about. Regarding items used, the Seller is not responsible for defects corresponding to the degree of use or wear that the product had upon acceptance by the Buyer.

For goods sold at a lower price, the warranty does not cover defects for which the lower price was agreed.

4. Sending goods for claim

If there is a defect in your product which prevents it from being used again, you need to report a claim to us. Before the dispatch of the claimed product it is necessary to fill in the claim form  http://www.afg.sk/index.php?option=com_shop&Itemid=1040&page=shop.claim_form&lang=sk?design. After submitting your claim form, please send us the claimed product immediately to:

afg.sk, s.r.o.

Javorová, Veľké Bielice 451/32

958 04 Partizánske

Slovak Republic

1. The claim procedure starts on the day the claimed goods were receipted by the Seller and ends on the day of dispatch of the completed claim to the Buyer, or a written notification of the readiness of the goods to be taken over after their repair.

2. It is possible to contact our staff about the progress of settling the claim at +421917961386 or by email at reklamacie@afg.sk. You can also visit our website to follow resp. monitor the progress of the claim at http://www.afg.sk/index.php?option=com_shop&Itemid=1040&page=shop.claim_form&lang=sk?design.

3. Without delay, on the day of your dispatch, but not later than 24 hours from the receipt of the claim form, we will confirm the receipt of your claim report to by you provided email address.

4. We do not accept goods sent with cash on delivery. We recommend that the sent goods be insured.

5. Application and resolution of a claim within the warranty period

1. Upon receipt of the claimed goods, the Buyer shall be immediately informed by email about the receipt of the claim, the start of the claim procedure and the manner of resolving the claim. The Buyer will be informed about the resolution of the claim by email, and then they will be sent a Claims Protocol on the resolution of the claim.

2. The claim procedure starts on the day when all the following conditions are met:

  1. Delivery of the claimed goods,
  2. Delivery of the completed letter of dispute,
  3. A proof of purchase copy which also serves as a warranty card.

3. The Seller shall determine the manner of the claim pursuant to prov. § 2 point m) of the Act immediately, in more complicated cases within 3 days from the start of the claim procedure, in justified cases, in particular when a complex technical assessment of the condition of the goods is required within 30 days from the day of the claim procedure at the latest. After determining the method of resolving the claim, the Seller or a designated person resolves the claim immediately, in justified cases the claim can be resolved later. The claim shall not take longer than 30 days from the day of lodging the claim. After the expiry of the claim settlement period, the Consumer has the right to withdraw from the Purchase Contract or has the right to have the goods exchanged for new ones.

The method of resolving the claim may be:

  1. Handing over the repaired goods,
  2. The exchange of goods,
  3. Refund of the purchase price of the goods,
  4. Refund of a reasonable discount on the price of the goods,
  5. A written request to take over the specified performance by the Seller,
  6. A justified refusal of a claim for goods.

5. The Buyer will be informed about the result of resolving the claim before the 30-day period expires by email and registered mail, and the claim procedure will be completed.

6. After this period, the Customer has the same rights as if it were a defect that cannot be removed. The Buyer has the right to withdraw from the Contract.

7. If the Buyer claims the goods during the first 12 months from the conclusion of the Purchase Contract, the Seller can only settle the claim by rejecting it on the basis of an expert's opinion or an opinion issued by an authorized, notified or accredited person or a designated person's opinion (hereinafter referred to as “expert assessment of goods”). Regardless the outcome of the expert assessment, the Seller may not require the Buyer to pay for the costs of expert assessment of the goods or other costs associated with the expert assessment of the goods.

8. If the Buyer claims the goods after 12 months from the conclusion of the Purchase Contract and the Seller rejects it, the person who has settled the claim is obliged to state in the proof of the claim to whom the Buyer can send the goods for expert assessment. If the Buyer sends the goods for expert assessment to the designated person specified in the proof of claim, the costs of the expert assessment of the goods, as well as all other related costs, are borne by the Seller regardless of the result of the expert assessment. If the Buyer proves the Seller's liability for the claimed defect of the goods by professional assessment, they may reclaim the claim; the warranty period shall be suspended during the performance of the professional assessment of the goods. The Seller is obliged to pay the Buyer within 14 days from the date of the reclaimed claim all the costs incurred for the professional assessment of the goods, as well as related costs. A reclaimed claim cannot be rejected.

9. If the Buyer is not satisfied with the way in which the Seller has settled their claim or if they believe that the Seller has violated their rights, they have the opportunity to contact the Seller to request corrective action. If the Seller responds to the request for corrective action negatively or does not respond to it within 30 days from the day of its dispatch, the Buyer has the right to file a proposal to initiate an alternative solution to their dispute pursuant to the provision of § 12 of Act no. 391 / 2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments and Supplements to Certain Acts.

The competent entity for the alternative resolution of consumer disputes with the Seller (afg.sk, s.r.o.) is [Slovak Trade Inspection, PO Box no. 29, Prievozská 32, 827 99 Bratislava] www.soi.sk or any other authorized legal entity registered in the list of alternative dispute resolution entities  maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk); the Consumer has the right to choose which of these alternative dispute resolution entities to turn to. The Consumer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit an alternative solution to their dispute.

6. Elimination of defects

During the warranty period, the Seller ensures elimination of defects through an authorized service center.

The Seller may always, instead of removing defects, replace the defective item for a faultless one if this does not cause any serious difficulties to the Buyer.

In the case of an older product that is no longer available on the market, the claim will be settled through an adequate replacement or a credit note in the amount of the original price of the product will be issued, according to the agreement with the Buyer.

7. Final provisions

This Claim Procedure as part of the Terms and Conditions applies in the wording that is listed on the Seller's website on the day of submitting an electronic order by the Buyer.

Final provisions

These Terms and Conditions apply in the wording that is listed on the Seller's website on the day of submitting an electronic order by the Buyer. By submitting an electronic order, the Buyer, on the date of submitting the order, accepts the valid price of the ordered goods (including shipping and packaging) listed on the Seller's online store website unless it has been demonstrably agreed otherwise in specific cases. By submitting an order (purchase contract draft), the Buyer is irrevocably bound.

Read more...
 
 
 
 
 
 
 
 
 
 
 
 
Full (Desktop) version