GENERAL COMMERCIAL TERMS for Unipas, spol. s r.o.

These general commercial terms ("Terms") specify rights and obligations of you as the Buyer and us as the Seller within the framework of contractual relationships entered into through E-shop at www.unipas.com. 

Any and all information regarding the processing of your personal data is included in the personal data processing policy located at: https://www.unipas.com/en/personal-data-protection.

The internet shop at www.unipas.com (hereinafter referred to as „Internet shop“) is operated by Unipas, spol. s r.o., the company seated at Železničná 285/12, Koš 972 41, IČO (Company ID No.): 31 576 991, registered in the Companies Register of District Court Trenčín, Section: Sro, Insert No. 2198/R (hereinafter also referred to as „Operator“ or „Seller“), the bank account at Tatra Banka a.s., IBAN: SK09 1100 0000 0029 4315 5912. Further contact information of the Seller that might be relevant for the customer is as follows:  e-mail: office@unipas.com, Phone No.: +421 917 664 223.

These Terms form an inseparable part of the Contract. If any part of the Terms contradicts circumstances that we have agreed upon during your purchase process at our E-shop, the actual agreement shall prevail upon these Terms.   

1. SEVERAL DEFINITIONS

1.1. Price is the financial amount that you will pay for Goods. VAT is added to Price;

1.2. Price for transport is a financial amount that you will pay for delivery of Goods, including the price for packaging;

1.3. Total price is the sum of Price and Price for transport;

1.4. VAT is the value added tax in accordance with valid legal regulations;

1.5. E-shop is the internet shop operated by us at the address https://www.unipas.com/sk/produkty, where the purchase of Goods will be made;

1.6. Invoice is a tax document issued in accordance with the VAT Act to Total price;

1.7. We are the company Unipas, spol. s r.o., seated at  Železničná 285/12, Koš 972 41, IČO (Company ID No.): 31 576 991, registered in Companies Register of District Court Trenčín, Section: Sro, Insert No. 2198/R,by legal regulations marked as the Seller;

1.8. Order is your irrevocable proposal to enter into a Purchase Contract with us;

1.9. Goods is/are the selected item/s offered at our E-shop by means of a catalogue, in which we notify you before concluding a Contract and/or placing an Order, clearly and comprehensibly on main features of Goods as well as on other legally required facts in the scope adequate to the used means of communication.

1.10. You are a person buying at our E-shop, by legal regulations marked as the buyer;

1.11. Consumer is the Buyer – a natural person who during concluding and fulfilling a contract does not act within the scope of their business or other entrepreneurial activity, employment or occupation;

1.12. Entrepreneur is the Buyer – a person who is not a consumer. Entrepreneur is also understood as each person who enters into contracts related to their own business, production and/or other activity during the independent performance of their occupation or a person who acts in the name or on behalf of Entrepreneur;

1.13. Contract is a purchase contract agreed upon the basis of duly completed Order sent through the E-shop and is entered into in the moment when you obtain a confirmation of your Order.

2. GENERAL PROVISIONS AND INSTRUCTION

2.1. Purchase of Goods is possible only through the web interface of the E-shop: https://www.unipas.com/en/cart.

2.2. During the purchase of Goods you are obliged to provide us with all information correctly and truthfully. The information that you provided us during your order of Goods will be understood as true and correct.

2.3. Legal relations of us as the Seller and  Consumer that are not expressly regulated are governed by respective provisions of Act No. 40/1964 Coll. Civil Code as amended (hereinafter referred to as „Civil Code“), Act No. 250/2007 Coll. on consumer protection and on alteration of Slovak National Council Act No.  372/1990 Coll. on offences as amended (hereinafter referred to as „Consumer Protection Act“), Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on distance contracts or an off-premises contract and amending particular acts (hereinafter referred to as „Act on consumer protection in the sale of goods upon a distance contract”), all of the above as amended.

2.4. Legal relationship of us as the Seller with Entrepreneur that are not expressly regulated are governed by respective provisions of Act No. 513/1991 Coll. of Commercial Code as amended.

2.5. These Terms also include a complaint procedure (hereinafter referred to as „Return  and Complaint Policy“) issued in accordance with respective provisions of Consumer Protection Act, Act on consumer protection in the sale of goods upon a distance contract, by which the Seller informs Consumers on terms and means of applying and processing complaints and consumer proposals, including information about where complaints can be made and about performance of warranty repairs related to Goods purchased through the E-shop.  

2.6. Our obligation is to provide the Buyer with ordered Goods for the agreed price and your obligation is to receive Goods and pay the agreed Total price for Goods.  

2.7. In case of violation of contractual terms or Terms by the Buyer we hereby reserve the right to withdraw from the Contract if not stated otherwise by law. In such case the Buyer obliged to compensate us for any and all damage, above all reimburse us for any and all costs related to their Order, especially the costs for sending Goods if the Buyer fails to receive them.

2.8. Any and all our notifications related in any way to the Order, and/or to the Contract may be delivered to you at the electronic address specified in the Order.

3. ENTERING INTO THE CONTRACT

3.1. You may enter into a Contract with us in Slovak, English, German and/or Spanish language.  

3.2. The Contract is entered into as a distance contract through the E-shop whereas the costs incurred due to the use of virtual communication means is paid by you. However, these costs do not differ anyhow from the basic rate that you pay for using these means (especially the access to the Internet), you do not have to expect any further costs charged by us above the scope of Total price. By sending your Order you agree with use of virtual communication means.

3.3. In order to be able to enter into a Contract, you need to create an Order proposal at the E-shop by means of the given form. This proposal must contain the following data:  

a) Information on purchased Goods (at the E-shop you mark Goods you wish to pay and the amount thereof by means of a „Basket“ button) ;

b) Information on Price, Transport price, VAT, means of payment of Total price and the required means of Goods delivery; this information will be specified within the scope of your Order proposal in the user area of the E-shop, whereas the information on Price, Transport price, VAT and Total price will be specified either automatically or manually upon your selected Goods and the means of delivery of the same;

c) Your identification data necessary for the delivery of Goods, especially the first name, surname, delivery address, phone number and e-mail address;

3.4. During the process of making your Order proposal you are allowed to change and check your input data until the time of submitting the same. After having checked your Order, you will create your Order by clicking the „Send Order“ button. Before doing so, you will have to confirm your acknowledgement and consent with these Terms, otherwise it will be impossible to create an Order. You shall use a checkbox for this. After clicking the button “Send Order“, all input data will be sent directly to us. The obligation to pay the purchase price (Total price) is a part of your Order.  

3.5. As soon as possible, your Order will be confirmed after the delivery of the same by means of a message sent to your e-mail address specified in your Order. Order will contain the summary of the same and these Terms. By confirming your Order from our side, you enter into a Contract between you and us. These terms valid and effective as of the date of your Order form an inseparable part of the Contract.

3.6. There might be cases in which it is impossible to confirm your Order. Such situation may arise in case when Goods are not available or in cases when you ordered more pieces of Goods than we can provide. The information on maximum number of Goods is always provided in advance through our E-shop and thus it should not be a surprise for you. In case there is any reason for which we are unable to confirm your Order, we will contact you and send you a proposal for concluding the Contract in an amended form. In such a case, the Contract is entered into in the moment when you agree with our proposal. In case you have paid Price in advance, pursuant to Sec. 4.3 a) – bank transfer or 4.3 b) of these Terms – card online, the sum for which we are unable to provide Goods will be returned to the account from which it was sent within 14 days at the latest. This does not affect your right to withdraw from the Contract.  

3.7. In case that there is an obviously incorrect price at the E-shop and/or in your Order proposal, especially due to a technical fault, we are not obliged to provide Goods to you for that Price. In such a situation we will contact you immediately and we will send you an offer for entering into a new Contract in an amended form. The new Contract is then concluded when you confirm our proposal. In case you do not confirm our proposal within 3 days from sending it, we are authorized to withdraw from the Contract. The obviously incorrect price is understood as a price that does not correspond with the usual price of other sellers or a price with a missing or excessive digit. In case you paid Price for Goods in advance pursuant to Sec. 4.3 a) – bank transfer or 4.3 b) of these Terms – card online, the sum for which we are unable to provide Goods will be returned to the account from which it was sent within 14 days at the latest. This does not affect your right to withdraw from the Contract.   

3.8. In case you inter into a Contract, you are obliged to pay Total price.  

3.9. Contractual relationship between us and Consumer originates by delivery of the ordered Goods with obligation of payment from the side of a Consumer to the Seller. Acceptance of your Order will be confirmed by a message to your electronic address.   

3.10. Contractual relationship between us and Entrepreneur originates by the delivery of your Order (acceptance) that will be sent to Entrepreneur to his electronic address listed by Entrepreneur during placing your Order.  

4. PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP RIGHT  

4.1. Price is always listed in the E-shop, in your Order proposal and in the Contract. In case of any discrepancy between Price listed in the E-shop and Price listed in your Order proposal, the Order proposal Price shall prevail. This Price will also be the same as the contractual price. In your Order proposal, we also include Price for transport, or conditions upon which the transport is free of charge.

4.2. Total price listed includes VAT and any and all fees stated by specific legal regulations.  

4.3. The payment of Total price will be required from you after entering into the Contract and before the delivery of Goods. The payment of Total price can be performed by the following means:  

a) Bank transfer. Information for making a payment will be sent within the confirmation of your Order. Goods will be sent to the Buyer only after crediting Total price to our account. In case of payment for Goods by these means, Total price is considered settled on the day of crediting the respective amount to our account. Total price is payable within 3 work days. 

b) Card online. In such a case a payment is made through the payment gate Global Payments, whereas the payment is governed by the terms of this payment gate, available at the address: Global Payments s.r.o., organizational unit, IČO (Company ID No.: 50 010 301, registered in the Companies Register of District Court Bratislava I, Section Po, Insert No. 3016/B. In case of card online payment, Total price is payable within 1 work day.  

c) Payment on delivery. Price of the ordered Goods might be increased by costs for payment on delivery, according to the valid price list of a carrier. In such a case the payment for delivery of Goods will be made at the moment of Goods delivery. In case of payment on delivery, Total price is payable during the acceptance of Goods.

d) In cash during a personal pick up. Total price for Goods in cash may be paid in case of pick up at our establishment. In case of payment in cash during a personal pick up, Total price is payable during the acceptance of Goods.  

4.4. The invoice will be issued in an electronic form after the payment of Total price and will be sent to your e-mail address specified in your Order. Invoice will be also physically included in the delivery of Goods.

4.5. Ownership right to Goods is transferred to you only after the payment of Total price and acceptance of Goods. In case of payment by a bank transfer Total price is paid when the amount is credited to our account, in other cases it is paid in the moment of making payment.   

4.6. Total price of Goods together with any relevant costs can be paid exclusively by a payment in advance in case of repeated non-acceptance of the ordered Goods without stating a reason, to the extent permitted by law. 

5. DELIVERY OF GOODS, TRANSFER OF DANGER OF ACCIDENTAL DESTRUCTION AND DETERIORATION OF THE SUBJECT OF PURCHASE 

5.1. Goods will be delivered to you by means of your choice selected in your Order, while you can select from the following options:

a) Personal pick up at our establishment

b) Delivery through contractual transport companies. 

5.2. Goods can be delivered within the EU.

5.3. We are obliged to send Goods without any undue delay, however not later than 120 days from the date of entering into the Contract. During Contract fulfilment, such events might happen that would influence the date of sending of your Goods. You will be notified on any change of sending date and on a new date of delivery through e-mail without any undue delay, whereas this does not affect your right to withdraw from this Contract. 

5.4. During receiving of Goods from a delivery company you are obliged to check that packaging is not damaged. In case of any damage, you are supposed to notify a delivery company (a carrier) and us immediately. In case packaging is damaged and it seems that your delivery has been violated, you are not obliged to accept such Goods from a carrier. By signing the delivery note the Buyer confirms that packaging of the delivery containing Goods was intact and undamaged.  

5.5. You are obliged to receive Goods at the agreed place and time. In case you fail to receive Goods according to the above sentence, you will be notified by an e-mail about the place where you can receive Goods including the delivery period, or Goods will be redelivered upon your written application sent within 14 days from the original delivery date. In such a case you hereby undertake to cover all costs related to the redelivery of Goods.  In case you violated your obligation to receive Goods, except for cases pursuant to Sec. 5.4 of these Terms, our obligation to deliver Goods to you is not aggrieved. At the same time, your failure to receive Goods is not a legal basis for withdrawal from the Contract between you and us. If you fail to receive Goods in the subsequent period, we have the right to withdraw from the Contract due to your material breach of the Contract. If we decide to exercise the right in question, the withdrawal becomes effective on the date of delivery of the withdrawal notice. Withdrawal from the Contract does not affect a claim for compensation of damage incurred in the amount of real delivery costs, respectively further claims for damage compensation if incurred. 

5.6. If, due to the reasons from your side, Goods are delivered repeatedly and/or by other means than agreed in the Contract, you are obliged to compensate us for costs related to such repeated delivery. Payment information regarding such costs will be sent to your e-mail address listed in the Contract and the amount is payable within 14 days from the delivery of the email.  

5.7. The risk of damage to Goods passes to you at the moment of your acceptance of Goods. In case you do not receive Goods, except for cases listed herein in Sec. 5.4, the risk of accidental destruction and/or deterioration of Goods passes to you at the moment when you had the opportunity to receive the same but due to reasons on your side Goods were not received.  Passing of risk of accidental destruction and/or deterioration means that since this moment you bear any and all consequences related to the loss, destruction, damage and/or any other deterioration of Goods. 

6. RIGHTS FROM LIABILITY FOR DEFECTS

6.1. Basic provision to the liability for defects

6.1.1. We hereby undertake to deliver Goods in the required quality, amount and free of any defects. 

6.1.2. We are liable for any defects that Goods have at the moment of receiving the same. The following change of feature shall not be considered as a defect if this occurred during the warranty period (i) as a result of wear and tear, improper use, insufficient or inadequate treatment, (ii) as a result of natural changes of materials from which Good are made, (iii) as a result of any damage caused by Consumer or by a third person or due to other improper action.

6.1.3. Consumer has a 24-month warranty period for the delivered Goods. By declaring this in the warranty issued to Consumer, we can provide warranty exceeding the period listed in the above sentence, whereas the warranty in such case contains the terms and scope of such warranty.  In case that used Goods is the subject of the purchase contract, we can agree upon a shorter warranty period, however not less than 12 months. Warranty period starts on the date of receiving Goods by Consumer. Rights from liability for defects to which the warranty relates extinguish if not exercised within the warranty period.  

6.1.4. In case of replacement of Goods, the warranty period starts again from the date of receiving new Goods by Consumer.  

6.2. We guarantee that during the time of passing the risk of accidental destruction and/or deterioration Goods are free of any defects, in particular that:

a) they have the features that were agreed upon with you and if these were not expressly agreed, then Goods have such features that were stated in the description of the same, respectively such features that might be expected due to the nature of Goods;

b) are suitable for the purpose that we stated or for the purpose that is usual for Goods of such type;

c) correspond with quality or design of the agreed sample if the quality or design were agreed according to a sample;

d) are in the corresponding amount and weight;

e) fulfil requirements imposed on Goods by special legal regulations;

f) are not burdened by any rights of third parties.

6.3. Conditions for exercising the right for liability for defects (complaints)

6.3.1. If Goods are delivered to you in a violated or damaged packaging or if the packaging is obviously too light, we hereby require you not to accept such Goods from a delivery company but notify us immediately at the phone number +421 917 664 223 or through e-mail at office@unipas.com. In case of recognizing obvious defects (i.e. mechanical damage) you are obliged to file a complaint without undue delay according to Sec. 6.4.1 hereunder. Complaint claims due to obvious defects of Goods, including defects regarding incompleteness of Goods will not be taken into account if applied later. 

6.3.2. Right from liability for other defects (hidden defects) has to be exercised pursuant to Sec. 6.4.1 hereunder without undue delay as soon as you have recognized a defect, within the warranty period. 

6.3.3. Warranty relates only to production defects of Goods and defects caused by mechanical damage. You cannot exercise the right from liability for defects especially for defects caused by wear and tear, mechanical damage, using Goods in unsuitable conditions, etc. 

6.3.4. You are not entitled to exercise the right from liability for defects in case you knew about the defect before receiving Goods, i.e. if we pointed out the defect to you or if you have been provided an adequate discount from Price of Goods.   

6.4. Exercising the right from liability for damage (complaints)

6.4.1. In case Goods are defective, i.e. especially if any of the conditions pursuant to Sec. 6.2 herein is violated, you are entitled to notify us on such a defect and exercise your right from liability for defects (thus claim a complaint regarding Goods) by sending an e-mail or a letter to our addresses stated next to our identification data, or personally at our seat. You can use a sample complaint form provided by us that forms Attachment No.1 to the Terms.   

6.4.2. Your notification by which you make a complaint needs to contain mainly description of the defect and your identification data including the e-mail address that you prefer for receiving information on your complaint settlement. You are also obliged to state which of the claims from liability for defects, specified in Sec. 6.5,4 to 6.5.8 you wish to exercise.  

6.4.3. During making your complaint, you need to submit the purchase document for Goods (Invoice) which proves that you have bought Goods from our company, otherwise we are not obliged to acknowledge your complaint.  

6.4.4. The date of initiation of the complaint procedure is understood as the date of delivery of defective Goods together with the respective documents (pursuant to Sec. 6.4.3). In case your submission by which you file a complaint is incomplete (especially illegible, incomprehensible, unclear, without required documents, etc.) you will be asked in writing, especially by an e-mail, for completion of your submitted claim. In such a case the complaint procedure starts on the date of delivery of completed documentation. 

6.4.5. If you fail to complete your submitted complaint pursuant to Sec. 6.4.4 without undue delay, not later than 10 days from the day of delivery of our request pursuant to Sec. 6.4.4 of this article, we will consider your complaint as unjustified. 

6.5. Complaint settlement

6.5.1. If Consumer submits a complaint, we are obliged to instruct them of their rights following from exercising of the right from liability for defects during warranty pursuant to Civil Code. Upon your decision which of the rights pursuant to § 622 and § 623 of Act No.40/1964 Coll. Civil Code as amended (hereinafter referred to as „Civil Code“) (specified in sections 7.5.4 to 7.5.8 herein) you exercise, we will specify the means of settling of your complaint immediately, in difficult cases not later than 3 workdays from the date of your claim. In justified cases, especially if a complex technical assessment of the status of Goods is required, within 30 days from the date of your complaint. 

6.5.2. After having specified the type of complaint procedure, your complaint will be settled immediately, in justified cases it might be later, but not later than 30 days from the date of your complaint. After expiration of the complaint period, you have the right to withdraw from the Contract or you have the right for replacement of Goods with new goods if this is possible.  

6.5.3. During a complaint procedure, the Seller will issue to Consumer a confirmation of filing the complaint. If the complaint is made by means of distance communication, the Seller is obliged to deliver confirmation of the claim immediately, if it is not possible, the Seller will deliver confirmation without undue delay, at the latest together with confirmation of settling the claim; the confirmation of claim does not need to be delivered if Consumer has the opportunity to prove their claim otherwise. Apart from other data, confirmation of accepting the claim will contain the identification of the Seller and Consumer, subject of the complaint according to the Consumer, means of complaint settlement they prefer, date and place of accepting the claim and the signature of the Seller’s clerk.

6.5.4. Complaint settlement for the purposes of this Return and Complaint Policy is understood as the finalization of complaint procedure by means of (i) submitting repaired Goods, (ii) replacement of Goods, (iii) returning of the purchase Price of Goods, (iv) paying an adequate discount of Price of Goods, (v) a written request for accepting fulfilment or (vi) a justified rejection thereof.

6.5.5. We are obliged to issue a written document about complaint settlement not later than 30 days from the date of submission of your complaint and notify you on the settlement of the same through an e-mail. In case your complaint is acknowledged, we will send you repaired Goods or we will replace Goods with new ones or we will return paid Price for Goods if not agreed otherwise. 

6.5.6. If a defect is such that we can remove, you have the right for a free, timely and due removal of the defect. A defect of Goods will be removed without any undue delay. 

6.5.7. Instead of removing a defect you can require replacement of Goods, or if a defect relates only to a part of Goods, replacement of such part of Goods, and this in cases when no inadequate costs incur in view of Price or severity of the defect. 

6.5.8. Instead of removing a defect of Goods we can always replace defective Goods for Goods without defects, if this will not cause severe trouble to you. 

6.5.9. In case a defect of Goods is impossible to be removed and which hinders due utilization of Goods as non-defective Goods, you have the right for replacement of Goods or withdrawal from the Contract. You are entitled to the same rights if a defect is removable but due to repeated defects after the removal or due to a greater number of defects you cannot duly utilize Goods. 

6.5.10. In case of other non-removable defects, you have the right for an adequate discount from Price of Goods. 

6.6. Exercising rights from liability for defects and complaints is governed by provisions of § 619 and subseq. of Civil Code, Act No. 250/2007 Coll. on consumer protection and on alteration and amendment to Slovak National Council Act No. 372/1990 Coll.  on offences as amended (hereinafter referred to as „Consumer Protection Act“ ), and Act No.102/2014 Coll.  on consumer protection in the sale of goods or provision of services based on distance contracts or an off-premises contract and amending particular acts (hereinafter referred to as „Act on consumer protection in the sale of goods upon a distance contract” ).

6.7. If you file a complaint: 

a. during the first 12 months from the purchase of Goods, we can reject your claim only upon  an expert assessment; regardless of the result of expert assessment we will not require payment of the costs of expert assessment and/or any other costs incurred with regard to expert assessment. Copy of an expert assessment justifying rejection of your claim will be provided to you not later than 14 days from the date of settlement of your complaint;

b. after 12 months after the purchase and such claim has been rejected, confirmation of settlement of the complaint will include information on who you can send Goods for   expert assessment. If you send Goods for expert assessment to a specified person, costs incurred with regard to such expert assessment as well as any other purposefully spent related costs will be borne by us regardless of the result of the expert assessment. If expert assessment proves our liability for the defect of Goods, you can make a complaint again; during performance of the expert assessment, the warranty period does not expire. Within 14 days from the repeated claim, we are obliged to reimburse you for all costs incurred in relation to the expert assessment as well as any other purposefully spent related costs.  Repeated complaint claim cannot be rejected.  

6.8. In case you are Entrepreneur, you are obliged to notify us and complain about a defect without undue delay after you might have discovered the same, but within 3 days from receiving Goods at the latest. The complaint procedure with Entrepreneurs is governed by respective provisions of Commercial Code. 

6.9. In case you are Consumer, you have the right to exercise your rights from liability for defects occurring at consumer goods within 24 months from receiving Goods.  

6.10. By this, you have been duly instructed on your rights following from § 622 and § 623 of Act No. 40/1964 Coll. Civil Code. By entering into the Contract, you confirm that you have had the opportunity to read the complaint policy of Goods.

7. WITHDRAWAL FROM the CONTRACT

7.1. Withdrawal from the Contract, i.e. ceasing the contractual relationship between us and you from the beginning, can occur due to various reasons and by various means listed in this article herein, respectively in other provisions of these Terms in which the possibility of withdrawal is expressly stated.

7.2. In case you are Consumer, i.e. a person buying Goods outside the scope of your entrepreneurial activity, in accordance with provision of § 7 of Act on consumer protection in the sale of goods upon a distance contract, you have the right to withdraw from the Contract without stating a reason within 14 days from the delivery of Goods. In case we have entered into a Contract the subject of which is delivery of several types of Goods or several parts of Goods, this period starts on the date of delivery of the last part of Goods, and in case that we entered into a Contract upon which we are supposed to deliver Goods to you repeatedly and regularly, the period starts on the date of delivery of the first batch. You may withdraw from the Contract by any provable means (especially by sending an e-mail or a letter to our addresses stated in our identification data). You may use the sample withdrawal form attached to these Terms as Attachment No. 2.

7.3. Consumer is entitled to withdraw from the Contract, the subject of which is delivery of Goods, even before the commencement of the withdrawal period. 

7.4. However, even in case you are Consumer, you may not withdraw from the Contract in cases when the subject of Contract is:

a) the sale of Goods which Price depends on the movement of prices on the financial market that we cannot influence and which can happen during the withdrawal period;

b) the sale of alcoholic drinks Price of which has been agreed upon in the time of entering into the Contract, whereas delivery of the same can be performed not sooner than 30 days afterwards and Price of which depends on the movement of prices on the market which we cannot influence;

c) the sale of Goods that have been produced according to your specific requirements, tailor-made for you or Goods targeted specifically for one Consumer;

d) the sale of Goods that is subject to quick deterioration of quality or destruction and Goods that were after delivery inseparably mixed with another goods;

e) the sale of Goods closed in a protective packaging that is impossible to be returned due to health protection or hygienic purposes and the packaging of which has been disturbed after delivery;

f) the sale of audio records, video records, audio-video records and/or computer software if the original packaging has been disturbed;

g) the sale of periodical press with the exception of sale upon the basis of a subscription agreement and the sale of books not provided in protective packaging;

h) providing the electronic content if this has not been delivered on a material carrier and was delivered with your previous expressly declared consent before the expiration of withdrawal period and we notified you on the fact that you have no right for withdrawal from the Contract.  

7.5. The withdrawal period pursuant to Sec. 7.2 of these Terms is considered kept if you send us a notification that you are withdrawing from the Contract within the period.  

7.6. In case of withdrawal from the Contract, Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it has been credited or to the account specified in the withdrawal notice. However, the sum will not be returned before you return Goods or prove that you have sent the same to us. Please, return Goods clean, preferably including the original packaging.  

7.7. In case of withdrawal from the Contract pursuant to Sec. 8.2 of the Terms, within 14 days from the withdrawal you are obliged to send Goods to us, submit Goods to us or to a person authorized by us to receive of Goods, whereas you bear the costs for returning Goods to us. The above is not valid if we agree that Goods will be picked up by us personally or through a person authorized by us. The period is retained if Goods were submitted for transport not later than the latest day of the period. On the other hand, you have the right to be reimbursed for Price for transport by us but only to such extent as was the cheapest means of delivery of Goods that we have offered for delivery of Goods.  

7.8. You are liable for damage if Goods have been damaged due to your improper treatment or handling, inconsistent with the treatment and handling required the character and features of Goods. The incurred loss will in such a case be calculated after your return of Goods, the calculated amount is payable within 14 days.  

7.9. We are entitled to withdraw from the Contract only exceptionally, and this due to stock out, unavailability of Goods or if the producer, importer or supplier of Goods agreed in the Contract stopped the production and/or performed severe changes that disabled fulfilment of our duties following from the Contract, or due to force majeure reasons, or if we are unable to deliver Goods within the period stated by these Terms even with exerting all due diligence that might be reasonably required by us.  In such cases, we are obliged to notify you on this fact without undue delay and return Total price of Goods paid within 14 days from the date of delivery of withdrawal notice. Total price paid will be returned the same way it was paid by you whereas the right for agreeing on a different means of return payment if no additional related costs are charged is not affected. 

7.10. We are entitled to withdraw from the Contract also in case that you failed to receive Goods within 5 days from the date of your duty to receive Goods.     

8. FILING REQUESTS AND COMPLAINTS

8.1. As Consumer you are entitled to file requests and complaints in writing through the e-mail address:   office@unipas.com.

8.2. You will be informed on assessment of your request and/or complaint by an e-mail sent to your email address.  

8.3. The supervisory body is the Inspectorate of the Slovak Trade Inspection for Trenčín Region, seated at: Hurbanova 59, 911 01 Trenčín, Phone No. +421 (0) 32 640 01 09.

8.4. If you are not satisfied with handling of your request and/or complaint, you can file a request for an  inspection also in an electronic form through a platform available at https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi.

9. ALTERNATIVE DISPUTE RESOLUTION WITH CONSUMERS

9.1. If you are not satisfied with the result of your complaint procedure or if you think that we have violated your rights, you have the right to address us with a request for correction, and this through an e-mail sent to office@unipas.com. If we reject your request or we do not answer within 30 days from sending the same, you have the right to file a proposal for alternative dispute resolution to an alternative dispute resolution body (hereinafter referred to as the „ADRB Body“) pursuant to Act No. 391/2015 Coll. on alternative dispute resolution and on alteration and amendment to particular acts, as amended (hereinafter only „Alternative Dispute Resolution Act“).

9.2. ADRBs are institutions and authorized legal persons pursuant to  § 3 of Alternative Dispute Resolution Act and the list thereof is published at a website of Ministry of Economy of the Slovak Republic. https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1. 

9.3. You may file a proposal by means specified in § 12 of Alternative Dispute Resolution Act. 

9.4. Furthermore, you have the right to commence an online out-of-court dispute resolution through ODR platform available at webpage: https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297, or https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.

9.5. Apart from other reasons, ADRB Body may also reject your proposal to commence your alternative dispute resolution in case that:  

a) Consumer files a proposal after expiration of one year from the date of  

    1. delivery of a rejecting answer to Consumer’s request for the correction or

    2. vain expiration of a 30-day period from the date on which Consumer sent the Seller a request for correction and the Seller failed to answer it;

b) Consumer before filing a proposal did not provably try to resolve the dispute via communication with the Seller;

c) the quantifiable value of the dispute does not exceed the sum of EUR 20; the matter concerning a proposal has been dealt with before and Consumer has been informed on settlement of their proposal, whereas the proposal does not contain any new facts and the alternative dispute resolution would be due to all circumstances ineffective;

d) with regard to all circumstances, it is clear that the alternative dispute resolution would be possible only with exerting inadequate effort.  

9.6. During the alternative dispute resolution, ADRB Body is obliged to proceed independently, impartially, with due diligence, with the aim of settling the dispute and observe the protection of rights and justified interests of both parties to the dispute.  If after a thorough assessment of all the facts and declarations of the parties to the dispute it is clear that the parties are interested in an amicable settlement of a dispute, ADRB Body will prepare a proposal of the agreement on settlement.

9.7. If the parties to the dispute fail to enter into an agreement pursuant to the above article and ADRB Body will upon the ascertained facts come to a justified conclusion that the Seller has violated the Consumer’s rights pursuant to regulations regarding the consumer protection, they will finish the alternative dispute resolution by issuing a non-binding justified statement.

9.8. Alternative dispute resolution is finished on the date of

(a) entering into an agreement on settlement;

(b) issuing of justified statement;

(c) postponing a proposal;

(d) death or declaration of death in case of a physical person who is a party to the dispute;

(e) dissolution without legal successor in case of a legal person who is a party to the dispute; or

(f) deletion of the authorized legal person from the list.

9.9. Furthermore, you have the right to initiate an out-of-court dispute resolution online through ODR platform available at https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297, or https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.

10. FINAL PROVISIONS

10.1. Any and all written correspondence will be done through electronic mail. Our e-mail address is specified in our identification data. We will deliver correspondence to your email address stated in the Contract, in your user account or to the one through which you have contacted us.

10.2. Processing of personal data is governed by Personal Data Processing Policy in accordance with valid legal regulations. Our Personal data processing policy is available at: https://www.unipas.com/en/personal-data-protection.

10.3. The Contract may be altered only upon our written agreement. However, we are entitled to alter and amend these Terms, this alteration and/or amendment shall not aggrieve Contracts already entered into, only such Contracts that were entered into after the effective date of such alteration.

10.4. In case the relationship based upon the purchase contract contains an international (foreign) element, contracting parties hereby agree that the relationship based by the purchase contract as well as any disputes arisen from the same are governed by the law of Slovak Republic. This does not affect mandatory provisions of other countries regarding consumer protection. 

10.5. In case of force majeure or events that cannot be foreseen (natural catastrophe, pandemic, operation failures, sub-supplier shortages, etc.) we are not liable for any damage incurred as a result or in relation to force majeure events and/or unforeseen events and if such a situation lasts longer than 10 days, both you and us have the right to withdraw from the Contract.  

10.6. A sample Complaint Form and a Contract Withdrawal Form are attached to these Terms.

10.7. The Contract including the Terms is archived in an electronic version in our company and it is not available to you. However, you will receive these Terms as well as confirmation of your Order together with your Order summary through an e-mail and as such you will always have access to the Contract even without having to contact us. We therefore recommend to save the confirmation of your Order and these Terms.

10.8. Our activity is not governed by any Codes of Conduct pursuant to § 3 par. 1 n) of Act on consumer protection in distance selling.

10.9. These Terms become effective on April 16, 2024

ATTACHMENT NO. 1 – COMPLAINT FORM

Addressee:          UNIPAS, spol. s r.o., Železničná 285/12, Koš 972 41, IČO: 31576991

Complaint Form

Attachments:

Date:

Signature:
 

ATTACHMENT No. 2 – CONTRACT WITHDRAWAL FORM

Addressee:          UNIPAS, spol. s r.o., Železničná 285/12, Koš 972 41, IČO: 31576991

Hereby I declare that in accordance with Act No.102/2014 Coll. on consumer protection in the sale of goods or provision of services based on distance contracts or an off-premises contract and amending certain acts (hereinafter referred to as „Act on consumer protection in the sale of goods upon a distance contract”) I withdraw from the Contract within 14 days from receiving Goods purchased in the E-shop:

Notification for the Consumer: Pursuant to § 10 par. 4 of Act on consumer protection in the sale of goods upon a distance contract, the Seller is entitled to require from Consumer reimbursement of such reduction in the value of Goods, incurred by the manipulation with Goods that is above the scope of wear and tear necessary for recognition of features and functionality of Goods.  

Date:

Signature: