These terms and conditions apply to distance contracts in e-shop www.bhcase.com between buyer and seller according to consumer protection law no. 102/2014 Coll.
Seller is: BHcase Ltd., Hlinka 615/14, 040 01, ID 47827866, Tax 2024118811th Tel. 0904 417 535, e-mail: firstname.lastname@example.org. Registered in the Commercial Register of District Court Košice I, Section Sro, File No. 36030 / V.
The buyer is a consumer, ie a natural person who, in concluding and performing the contract does not act within the scope of his business, employment or occupation. Purchase by business entities are governed by the Commercial Code no. 513/1991 Coll.
The supervisory authority for Consumer Protection Inspectorate SOI Košice region, Vrátna no. 3, 043 79 Kosice 1.
Order and conclusion of a contract
By sending the completed order by the buyer shall be considered for a contract under the Civil Code, based on the trader’s offer in e-commerce. A contract, there is confirmation of the order by the seller.
All product prices in e-shop are final, inclusive of all taxes. The seller is a VAT payer. Price does not include delivery costs. These appear on https://bhcase.com/transport-and-delivery/ and in the shopping cart before completing the order where the buyer sees the total price of the order including the costs of supply.
Payment for goods
The seller accepts payment for the merchandise in ways that appear on https://bhcase.com/transport-and-delivery/.
Part of the order e-shop is the obligation of the buyer to pay the seller the price of the goods ordered.
Supply of goods
If no delivery time is specified for the product, it pays the seller delivers the goods to the buyer within 30 days.
Goods are deemed to be seized by the buyer at the moment when the purchaser or a third person (other than the carrier) will assume all of the goods ordered, or if a) the goods ordered by the buyer in one order and supplied separately, on receipt of goods that came as the last, b) supplies of goods consisting of multiple lots or pieces, the time of receipt of the last lot or piece; c) goods are delivered repeatedly for a limited period, on receipt of the goods delivered first.
The seller is responsible for defects of the goods on receipt by the buyer. When used items is not liable for defects caused by their use or wear. When things sold for a lower price shall not be liable for defects for which was negotiated a lower price. If this is not the things that spoil quickly, or used items, the seller is liable for defects that occur after taking the matter under warranty (warranty).
The warranty period for new goods is 24 months, which runs from the receipt by the buyer. The warranty period for used goods is 12 months. The warranty period for making the case for the contract is 24 months. If the transmission of the case, its packaging or instructions attached to it indicated period of use, the warranty period ends before that time.
The warranty period for the buyer who is not a consumer is 24 months.
If a store-bought item placed in service other than the seller entrepreneur, the warranty period begins to run only from the date of putting things into operation if the buyer ordered put into operation no later than three weeks after receipt of the case and the proper and timely execution of the service to provide the necessary assistance.
Warranty card is issued at the request of the buyer. For complaints is sufficient proof of purchase.
If a product has a defect that can be removed, the buyer shall have the right to be free, timely and properly removed. The seller is obliged defect promptly removed.
Buyers can instead of removing defects require changing the item or if the defect relates only to things, replace components, if the team does not result in unreasonable costs to the seller for the price of the goods or the severity of the defect. The seller may always instead of removing defects replace the defective thing for a faultless, if the buyer does not cause serious problems. If the defect can not be removed and which prevents the matter can be properly used as a thing without defect, the buyer has the right to exchange things or have the right to withdraw from the contract. The same rights belong to the buyer, although in the case of removable defects, but if the buyer is not for the repeated occurrence of the defect after repair or due to a greater number of defects thing properly due. In the case of other irremovable defects, the buyer is entitled to a reasonable discount from the price of things.
The rights from liability for defects shall apply from the seller to the address of the seller. If, however, stated in the warranty Warranty Service, which is in place at the site of the seller or the buyer closer to the buyer exercises the right to repair warranty service. Warranty service is required to make repairs within no more than 30 days.
If the exchange, the guarantee period begins again from the receipt of new things. The same applies if there is a replacement of the component to which the guarantee is provided.
Settlement of the claim will mean the completion of complaint proceedings handing over the repaired product, product exchange, refund the purchase price of the product, the payment of a reasonable discount from the price of the product, writing prompted to download the transaction or its reasoned refusal.
The application claims the seller shall determine the method to handle it immediately or in complicated cases within 3 working days from the date of the claim, in justified cases, in particular where a complex technical assessment of the condition of the product or service, within 30 days from the date of the claim. After determining the way how to equip the claim immediately, in appropriate cases, a complaint can be equipped with at a later date; Complaint shall not take longer than 30 days from the date of the claim. Once the deadline for settlement of the claim the buyer is entitled to cancel the contract or the right to exchange the product with a new product.
If the buyer submits a complaint product within the first 12 months of purchase, the seller may settle the complaint rejected solely on the basis of professional judgment; whatever the outcome of professional judgment by the purchaser will be required to cover the cost of expert assessment or other costs related to expert judgment. The seller must provide the buyer a copy of the professional appraisal justifying the rejection of the complaint within 14 days from the date of the complaint. If the buyer complaint products will be 12 months from the purchase and the seller rejected it, the seller proof of settlement of the claim shall, whom the buyer may send the product to the professional judgment. If the product is sent to the expertise of a designated person, expert assessment costs, and any other related expenses reasonably incurred shall be borne by the seller regardless of the outcome expert judgment. If the buyer expert assessment shows the seller’s liability for defects, the complaint may apply again; while carrying out a professional appraisal warranty period shall be suspended. The seller is obliged to reimburse the buyer within 14 days from the date of the claim back any costs incurred for expert assessment, as well as all related costs reasonably incurred. Re-filed complaint can not be dismissed.
The seller is obliged to issue a claim in the application of the buyer confirmation. If a warranty claim is made by e-mail, the seller is required to confirm the submission of a complaint delivered to the buyer immediately; If you can not deliver the certificate immediately, it must be delivered without undue delay, at the latest, together with proof of settlement of the claim; confirmation of submission of a complaint may not be delivered if the buyer has the opportunity to demonstrate a complaint in another way.
Returns – withdrawal without giving a reason
The buyer is entitled to withdraw from the contract without giving any reason within 14 days of receipt of goods. This right can only be used by the consumer.
Goods are deemed to be seized by the buyer at the moment when the purchaser or a third person other than the carrier takes over all of the goods ordered, or if a) the goods ordered by the buyer in one order and supplied separately, on receipt of goods that came as the last, b) supplies of goods consisting of multiple lots or pieces, the time of receipt of the last lot or piece; c) goods are delivered repeatedly for a limited period, on receipt of the goods delivered first.
The buyer may cancel the contract, the subject of which is the delivery of goods, even before the commencement of the period of withdrawal.
The buyer can not cancel the contract, the subject of which is:
- sale of goods or services whose price depends on fluctuations in the financial market that the seller can not influence and that may take place during the period for withdrawal,
- sale of goods made to the specific requirements of the consumer, custom orders or goods intended for one particular consumer,
- sale of goods, which may be due to its nature after delivery inseparably mixed with other goods,
- sale of audio recordings, video recordings, audio recordings, books and computer software sold in a protective case if the consumer packaging unwrapped,
- sale of periodicals with the exception of sales to the agreement on subscription and sale of books not supplied in a protective case,
- providing electronic content other than on a tangible medium if the performance has begun with the express consent of the consumer and the consumer said that he was well informed about
- the expression of consent loses his right of withdrawal.
The buyer may exercise the right to cancel the contract in writing or on another durable medium (eg. E-mail) or by sending the completed form, which is available on https://bhcase.eu/wp-content/themes/mrtailor-child/pdf/Withdrawal_form.pdf
The right of withdrawal is applicable sending a notice of withdrawal and the last day of the 14-day period.
Upon receipt of notice of withdrawal sellers returned within 14 days to the buyer all payments received by him under the contract or in connection therewith, including the cost of shipping, delivery and postage and other costs and fees. Seller makes a refund in the same manner as buyers use in their payment. The buyer and the seller may agree on a different type of refund.
The seller is not obliged to pay the additional cost to the buyer if the buyer has expressly opted for another method of service than the least expensive conventional method of service offered by the seller. Additional costs means the difference between the cost of delivery chosen by the buyer, and the cost of the cheapest current method of delivery offered by the seller.
If the contract is the seller is not obliged to return the payment to the buyer before the goods are delivered to him or until the buyer proves sending the goods back to the seller, unless the seller suggests to collect the goods personally or through its authorized persons.
The buyer is obliged within 14 days from the date of withdrawal send back the goods or hand them over to the seller or a person authorized by the seller for delivery. This period shall be deemed observed if the goods are handed over for carriage by the last day of the period.
If the contract is paid by the buyer only the cost of returning the goods to the seller or a person designated by the seller on receipt of the goods and the cost of returning goods which by their nature can not be returned by post.
The buyer is responsible for diminished value, which was created as a result of such treatment of goods that are beyond treatment necessary to ascertain the characteristics and functioning of the goods.
The buyer has after receipt of the goods the opportunity to test its functionality, but can not use the product if you withdraw. In order to establish the nature, characteristics and functioning of the goods, the consumer should handle and inspect the goods it just in the way he would be allowed in “brick and mortar” store. The buyer is required to make during the period for withdrawal of goods he handled and controlled it with due care.
Alternative Dispute Resolution
Shoppers – the consumer – has the right to contact the seller to request corrective action (e-mail to email@example.com) if not satisfied with the way the seller respond to the complaint or if it considers that the seller violated his consumer rights. If the seller responds to this request rejection or you respond within 30 days after its departure, the consumer has the right to bring an alternative dispute resolution an alternative dispute resolution (hereinafter ADR entity) pursuant to Act 391/2015 Z.z. ARS entities and bodies are entitled to legal persons under Section 3 of the Act 391/2015 Z.z. List of ADR entities is available on the website of the Ministry of Economy www.mhsr.sk. Proposal, the consumer may file a manner specified by Section 12 of Act 391/2015 Z.z.
The consumer may file a complaint through alternative dispute resolution platform RSO, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.
ADR can be used as a consumer – a natural person who, in concluding and performing the contract does not act within the scope of his business, employment or occupation. Alternative dispute resolution relates only to disputes between consumers and sellers, arising from a consumer contract or relating to the consumer contract. Alternative dispute resolution relates only to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed the amount of EUR 20. ADR entity may require the consumer to pay a fee for initiating an ADR maximum of 5 EUR including VAT.
The purpose of processing personal data is to use them to fulfill a consumer contract that the seller concludes with the buyer by creating an order in this online store. This consumer contract is also the legal basis for the processing of the buyer’s personal data. The provision of buyer’s personal data is a contractual requirement that is required to conclude a contract. Providing personal data is a prerequisite for buying in the seller’s e-shop. If the buyer fails to provide all the required personal information to the seller, this may result in the conclusion of the purchase contract.
The Seller shall process the personal data in accordance with Act no. 18/2018 on the protection of personal data and process only the personal data necessary for the conclusion of a consumer contract.
The seller processes the customary personal data of the buyer.
Buyer’s personal information is stored in the seller’s information system for 10 years.
Buyer has the right and ability to update personal information in online mode on the web site, customer section, sign-up, or other form (by e-mail, in writing).
Personal data may be provided to third parties for the purposes of fulfilling the consumer contract – shipping companies (couriers) and companies processing accounting documents.
Buyer’s personal information is not disclosed.
The buyer has the right to obtain from the seller a confirmation of what personal details of the buyer are processed in the seller’s e-shop. The buyer has the right to access such data as well as information for what purpose they are processed, what categories of data are processed, to which personal data are provided, how long the personal data are stored, whether automated individual decision making, including profiling.
The first delivery of the above personal information to the buyer is free of charge. The re-provision of personal data requested by the buyer will be charged as an administrative fee of € 5.
The buyer may require the seller to correct or supplement incomplete personal data relating to the buyer. The buyer may request the deletion of his or her personal data or limit the processing of such data. The buyer may also object to the processing of personal data.
The processing of personal data by buyers is also necessary for the purposes of archiving (in order to fulfill the seller’s obligation under Slovak legislation, for example, keeping the accounting documents for 10 years). If the buyer asks for the deletion of personal data processed in connection with the purchase contract, his claim may be rejected.
The buyer has the right to limit the processing of his or her personal data to the seller if the buyer objects to the accuracy of the personal data during the period allowing the seller to verify the accuracy of the personal data.
The buyer has the right to obtain personal data concerning him / her which he has provided to the seller in a structured, commonly used and machine-readable format. The buyer has the right to transfer these personal data to another operator if technically possible.
Buyers have the right to object if their personal data are processed for direct marketing purposes. It may also object if its personal data are processed for the purposes of the seller’s legitimate interest.
The buyer, suspecting that his or her personal data is being unduly processed, may file a motion for personal data protection proceedings with the Personal Data Protection Office.
The above privacy notice also applies to pre-contractual relationships (i.e., registration in the e-shop for the purpose of future purchase or, for example, requesting a quote, quotation or product information and seller’s services).