Terms and Conditions
Purchases of goods on our website may be made by both natural and legal persons, subject to compliance with the rules below.
I. Introductory provisions
1. The seller is Fradan s. r. o., Belehradská 1, 040 13 Košice, IČO: 52 673 359, DIČ: 2121103303 (hereinafter referred to as the “Seller”).
2. The buyer is a consumer, i. a natural person who, in concluding and fulfilling a consumer contract, does not engage in an occupation or profession within the scope of its business activity (hereinafter referred to as the “Buyer”). Purchases made by business entities are governed by the Commercial Code no. 513/1991 Coll.
3. The Seller offers its goods for sale at www.realroach.eu.
II. Acceptance and order processing, purchase agreement
1. The buyer's order is a draft purchase contract and the purchase contract itself is concluded at the moment of delivery of the binding consent of the buyer and seller with this proposal (binding confirmation of the order by the seller). From this moment, mutual rights and obligations arise between the buyer and the seller.
2. By concluding the Purchase Agreement, the Buyer confirms that he / she has become acquainted with these Terms and Conditions, including the Complaints Conditions. The buyer is notified of these terms and conditions and complaints procedure in a sufficient way by placing the order and has the opportunity to become acquainted with them.
3. The Seller reserves the right to cancel the order or its part before concluding the purchase contract in the following cases: the goods are no longer manufactured or delivered or the price of the delivered goods has changed significantly. In the event that this happens, the Seller shall immediately contact the Buyer to agree on further action. In the event that the Buyer has already paid part or all of the purchase price, this amount will be transferred back to his account, the Purchase Contract will not be concluded.
4. All orders received by this store are binding. You are automatically informed by e-mail about the receipt of your order. The delivery time of the goods is expected in the details of each product and in the order confirmation. Each item shows whether the goods are in stock or not. If the goods are not in stock or in the supplier's warehouse, we will inform you immediately of the next delivery date.
5. The order can be canceled before its dispatch. In the event that the order is not canceled before the shipment and is shipped, the customer may be required to reimburse the cost of shipping the goods. Cancellation can be sent by e-mail or by telephone. When canceling an order, it is necessary to provide your name, e-mail and order number.
III. Price of goods and payment terms
1. The seller is not a VAT payer. Prices may be subject to change without prior notice. The seller reserves the right to change the prices of goods in connection with changes in prices of manufacturers, importers, etc.
2. The total price for the order shall be the basic price of the goods, plus the transport price determined by the carrier's tariff and, where applicable, the cash on delivery price.
3. The buyer may choose as a payment method a prepayment to the bank account of the seller, card payment through GoPay payment gateway or within Slovakia also cash on delivery.
4. The proof of purchase (invoice) is sent by the seller to the buyer together with the goods.
IV. Terms of Delivery
1. Delivery time of goods in the EU within 10 working days from order confirmation. Delivery time of goods to order is always stated in the description of goods. Upon agreement with the buyer, the delivery times can be extended. The seller informs the buyer about the delivery time and delivery date when verifying the order.
2. If the buyer is not satisfied with the extended delivery time announced by the seller when verifying the order, he has the possibility to cancel the order in accordance with Art. II point 7 of these General Terms and Conditions.
3. The goods will be dispatched immediately after the order is confirmed and all the conditions for removal are met.
V. Delivery and receipt of goods
1. The Seller shall ensure the delivery of goods through the services of Mail Order.
2. The place of delivery of the goods is determined based on the buyer's order. The fulfillment of the obligation to deliver the goods is considered to be the delivery of the goods to the designated place.
3. The Buyer undertakes to take over the goods at the time and place specified in the order.
4. The goods are adequately packed and secured. The buyer is obliged to check the physical integrity and completeness of the shipment when receiving the goods. If the shipment is visibly damaged or destroyed, the buyer is obliged to immediately contact the seller without receipt of the shipment and write a damage report to the courier company. Any later claims for quantity and physical breach of the shipment will not be accepted.
5. The Seller shall be liable for the goods until the moment of their acceptance by the Buyer, when the risk of damage to the goods passes to the Buyer. The goods shall be deemed to have been taken over by the Buyer from the date on which they take over all parts of the ordered goods and confirm receipt of the goods in writing.
6. The Seller shall deliver to the Buyer together with the goods a proof of purchase (invoice), which also serves as a warranty certificate.
7. The Seller shall not be liable for delayed delivery of ordered goods caused by the carrier. The shipper is fully responsible for damage or destruction of the shipment caused by the carrier. These situations are resolved by the seller by delivering new goods to the buyer after all damage has been compensated by the carrier.
VI. Withdrawal
1. The Buyer has, in accordance with Act no. 102/2014 Coll. on the protection of consumers in the sale of goods or the provision of services under a distance or off-premises contract of the seller and amending certain laws the right to withdraw from a distance contract within 14 days of receipt of the goods, even without stating the reason.
2. The buyer may exercise his right of withdrawal from the seller by submitting a completed withdrawal form (open). The buyer is obliged to send the completed form in paper form together with the goods to the address of the seller.
3. The withdrawal period shall be deemed to have been maintained if the withdrawal notice, together with the goods, was sent to the seller no later than the last day of the period referred to in point 1.
4. The goods to be returned must be undamaged, unused, complete and including the accompanying proof of purchase. The buyer is obliged to send the goods to the seller by registered mail, insured and in suitable packaging to prevent damage or destruction of the shipment during transport. The seller is not liable for any loss, damage or destruction of the goods during the shipment.
5. Upon withdrawal from the contract, the buyer shall bear only the cost of returning the goods to the seller.
6. The Buyer shall be liable for any diminution in the value of the goods resulting from the handling of the goods beyond what is necessary to ascertain the characteristics and functionality of the goods.
7. The Seller is obliged to return to the Buyer, without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal, all payments received from him on the basis of an executed order or in connection with it. The Seller is obliged to return to the Buyer all payments in the same manner as the Buyer used in its payment, unless the Seller and the Buyer agree on another method of payment, without charging any additional fees.
8. The Seller is not obliged to return to the Buyer the payments under point 7 before the goods to be returned are delivered to the Buyer and for this reason the Buyer is obliged to send the returned goods by registered mail, not by cash on delivery. The goods will not be returned by cash on delivery by the seller.
VII. Warranty and warranty claims
1. The warranty period is 24 months, starting from the receipt of goods by the buyer.
2. The seller is liable for defects that the goods have on receipt by the buyer. The seller is not responsible for normal wear and tear of the goods caused by its use.
3. In order to assert the rights arising from liability for defects, the Buyer is obliged to send to the Seller a copy of the proof of purchase (warranty certificate), a description of the defect of the goods and goods that are clean and mechanically undamaged. The cost of transporting the goods shall be borne by the buyer.
4. If the goods have a defect that can be removed, the buyer has the right to be removed free of charge, in a timely and orderly manner. The seller is obliged to remedy the defect without undue delay. Instead of removing the defect, the Buyer may require replacement of the goods, unless the Seller incurs excessive costs due to the price of the goods or the severity of the defect. Instead of removing the defect, the Seller may always replace the goods with a good one, unless this causes the Buyer serious difficulties.
5. If the goods have a defect that cannot be removed and which prevents the goods from being properly used as goods without defects, the buyer has the right to exchange the goods or withdraw from the contract. The Buyer has the same rights when it comes to removable defects, but the Buyer cannot properly use the thing due to the repeated occurrence of the defect after repair or for a larger number of defects.
6. If the goods have other irremovable defects, the buyer is entitled to a reasonable discount on the price of the goods.
VIII. Alternative dispute resolution
1. The Buyer - Consumer - has the right to contact the Seller for redress (by e-mail to info@fradan.eu) if he is not satisfied with the way the Seller settled his claim or if the Seller believes that the Seller has violated his rights . If the Seller refuses to respond to this request or fails to respond within 30 days of its dispatch, the consumer has the right to file an alternative dispute resolution entity (ADR entity) pursuant to Act 391/2015 Coll. ADR entities are bodies and authorized legal entities pursuant to Section 3 of Act No. 391/2015 Coll. The consumer may submit a petition in the manner specified pursuant to Section 12 of Act No. 391/2015 Coll.
2. The consumer may also lodge a complaint through the Alternative Dispute Resolution ODR platform available online at http://ec.europa.eu/consumers/odr/
3. Alternative dispute resolution may only be used by a consumer - a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business, employment or profession. Alternative dispute resolution concerns only the dispute between the consumer and the seller arising out of or relating to the consumer contract. Alternative dispute resolution only applies to distance contracts. ADR does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating an ADR up to a maximum of EUR 5 with VAT.
IX. Final provisions
1. These General Terms and Conditions have been formulated and established in good faith in order to comply with legal conditions and to regulate fair legal relations between the Seller and the Buyer. In the event that any of the provisions of these Terms and Conditions proves to be invalid or unenforceable, in whole or in part, to the competent authorities of the Slovak Republic, the validity and enforceability of the other provisions and the remainder of the relevant provision remain unaffected.
2. The Seller reserves the right to change or amend these General Terms and Conditions at any time without notice. All amendments shall enter into force on the date of publication on the Seller's website.
3. Legal relations and conditions not expressly regulated here as well as any disputes arising from failure to comply with these conditions shall be governed by the relevant provisions of the Civil Code, the Commercial Code and Act no. 102/2014 Coll. on the protection of consumers in the sale of goods or provision of services under a distance or off-premises contract of the seller and amending and supplementing certain laws.
4. The Seller and the Buyer have agreed to fully recognize distance communication - telephone, fax, electronic form of communication as valid and binding for both parties.
These General Terms and Conditions come into effect on 15.2.2020.