Terms,Conditions and Return policy

(VALID FROM 3rd June 2015)

1. General Provisions

These Terms, Conditions and Return Policy regulate the rights and obligations of contractual parties arising of the purchase contract concluded between Seller (Topánky E-shop, s.r.o., with registered office: Grösslingova 45, Identification number: 35 685 913, registered in the Business Register of District Court Bratislava I, Section: Sro, Insert no. 10594/B (hereinafter as “Seller”) and Buyer, where the subject matter is the purchase and sale of the goods on the website of online store of the Seller.

Contact on Seller:

Topánky E-shop, s.r.o., with registered office Grösslingova 45, Identification number: 35 685 913, registered in the Business Register of District Court Bratislava I, Section: Sro, Insert no.10594/B, 

Tax code: 2020310567

VAT no.: SK2020310567

Phone: +421 948 565 522

Email: info@topanky.sk

 

Supervisory authority:

Slovak Trade Inspection (STI)
The Inspectorate of the STI for the region of Bratislava
Prievozská 32, P.O. Box 5,820 07 Bratislava 27
Department of Product Technical Inspection and Consumer Protection, and Department of Law
Phone: 02/ 58272 172, 02/58272 104 Fax: 02/ 58272 170

http://www.soi.sk

http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

 

1.1. These Terms, Conditions and Return Policy in the version applicable on the date of concluding a purchase contract, are an integral part of the purchase contract. If the Seller and the Buyer conclude a written purchase contract, where they agree the conditions different from these Terms, Conditions and Return Policy, the provisions of the purchase contract shall take priority over these Terms, Conditions and Return Policy. Such agreed conditions may not be contradictory to other legislation (reduced time for return of goods, warranty period, etc.).

1.2. An addendum contract for the purpose of these Terms, Conditions and Return Policy is a contract under which the Buyer acquires goods or is provided with a service related to the subject matter of the purchase contract, if delivered goods or service is provided by the Seller or a third party under their agreement.
 
1.3. The displayed purchase price of the goods on any site of online store operated by the Seller, includes VAT in the quantity set out by the valid legislation of the Slovak Republic, and excludes the price for transport of the goods or other additional services. All discounts are valid until stocks are exhausted, unless not specified in a particular goods.
 
1.4. The Seller reserves the right to adjust the price of the goods at any time on any site of online store operated by the Seller. The change of the price of the goods does not apply on the purchase contracts concluded before the price was changed, regardless of the fact that the goods have not been delivered yet.
 
1.5. If the Seller fails to comply with the obligations referred to in the valid legislation of the Slovak Republic, or the European Communities or in these Terms, Conditions and Return Policy, the Buyer may exercise its right against the Seller through the competent court.
 
2. Conclusion of Purchase Contract


2.1. The proposal for the conclusion of a purchase contract shall be sent by the Buyer to the Seller in the form of filled and sent form on the online store of the Seller, by which the Buyer has sent the proposal for the conclusion of the purchase contract, where the subject matter is a transfer of ownership right of the goods marked by the Seller for a purchase price and under conditions defined in this order (“hereinafter as “Order”).
 
2.2. After the order is sent, the Buyer shall receive in the e-mail address an automatically generated notification on the order confirmation in the electronic system of the Seller (hereinafter as “order confirmation”). If necessary, any further information of the order may be sent to the e-mail address of the Buyer.
 
2.3. The order confirmation includes data that order has been received by the Seller, and simultaneously that the Buyer accepts the proposal for the conclusion of purchase contract (“hereinafter as “order confirmation”).
 
2.4. The order confirmation includes the information on description and specification of the goods, which is subject matter of the purchase contract, another data on the price of the goods and/or other services, data on expected delivery time of the goods, name and data of the place where the goods shall be delivered and data on possible price, conditions, method and date of transport of the goods to the agreed delivery place of the goods to the Buyer, data of the Seller (business name, registered office, identification number, number of register in Business Register, et.c), or other necessary data.
 
2.5. The purchase contract is concluded by receipt of the order confirmation in the form of electronic or written notification to the Buyer.
 
2.6. Prior to sending the order, the Seller has informed the Buyer in clear, unambiguous, comprehensible and unmistakable manne about information related to return, payment, business, shipping and other conditions, where:

a) about the main features of the goods or nature of the service to an extent appropriate to the used means of communication and goods, the Seller informed on the relevant catalogue page of online store of the Seller,
b) about business name and registered office, the Seller informed on the relevant sub-page of online store of the Seller and in Article 1 of these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
c) about phone number of the Seller and other data important for communication between the Buyer and the Seller, particularly e-mail address and fax number, the Seller informed on the relevant sub-page of online store of the Seller and in Article 1 of these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
d) about the address of the Seller where the Buyer may return the goods or service, make a claim or other incentive, the Seller informed in Article 1 of these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
e) about total price of the goods or service including VAT and all other taxes, or about the manner how to calculate price if not possible to determine appropriate price in advance due to the nature of the goods or the service, about the costs of shipping, delivery, postal services and other costs and fees, or about the fact that the Buyer shall be obliged to pay these costs and fees if not possible to determine them in advance, the Seller informed on the relevant catalogue page of online store of the Seller,
f) about payment and delivery conditions, time limit within which the Seller commits to deliver the goods or provide the service, about information on procedures of making and handling return, claims and incentives of the Buyer, the Seller informed in the relevant articles of these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
g) about information on the right of the Buyer to withdraw from the purchase contract, about terms and conditions, withdrawal period and procedure in the exercise of the right to withdraw from the contract, the Seller informed in Article 10 of these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
h) about providing the withdrawal form, the Seller informed in Article 10 and in the annex of these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller; at the same time, the Seller provided the withdrawal form in the annex of these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
i) about the information that if the Buyer withdraws from the purchase contract, shall bear the costs associated with the return of the goods to the Seller under § 10 (3) of Act No. 102/2014 Coll. on the protection of consumers in sale of goods or provision of services under remote contracts as amended (hereinafter as “Act on on the protection of consumers in sale of goods or provision of services under remote contracts”), and if the Buyer withdraws from the purchase contract, shall also bear the costs for the return of goods, which due to its nature may not be returned through postal service, the Seller informed in Article 10 of these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
j) about the obligation of the Buyer to pay the price to the Seller for actually provided performance under § 10 of Act on the protection of consumers in sale of goods or provision of services under remote contracts, if the Buyer withdraws from the contract on services after he gave explicit consent to the Seller under § 4 (6) of Act on the protection of consumers in sale of goods or provision of services under remote contracts, the Seller informed in Article 10 of these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
k) about circumstances upon which the Buyer loses the right to withdraw from the contract, the Seller informed in Article 10 of these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
l) information about liability of the Seller for defects of the goods or service under § 622 and 623 of the Civil Code, the Seller informed in Article 8 of these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
m) about the existence and details of the warranty provided by the producer or the Seller in accordance with stricter principles as laid down in § 502 of the Civil Code, if the producer or the Seller provides it, and also information on the existence and condiditons of help and services provided to the Buyer after the sale of the goods or the provision of the service, if such help is provided, the Seller informed on the relevant catalogue page of online store of the Seller and in Article 9 of these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
n) about the existence of the relevant codes of conduct, which the Seller has commited to, and about the manner the Buyer can acquaint with them or obtain their wording, the Seller informed on the relevant catalogue page of online store of the Seller,
o) about duration of the contract, if it is fixed-term contract; if it is the contract concluded for indefinite duration, or the contract where its validity is automatically extended, and also the information about conditions of the termination of the contract, the Seller informed on the relevant catalogue page of online store of the Seller and in these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
p) about the minimum duration of the obligations of the Buyer arising from the purchase contract, if such commitment results from the purchase contract, the Seller informed on the relevant catalogue page of online store of the Seller and in these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
q) about the obligation of the Buyer to pay an advance or provide other financial guarantee required by the Seller and about the conditions that apply on its providing, if such commitment results from the purchase contract, the Seller informed on the relevant catalogue page of online store of the Seller and in these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
r) about the functionality, including applicable technical protective measures to secure electronic content, where appropriate, the Seller informed on the relevant catalogue page of online store of the Seller and in these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
s) about the compatibility of electronic content with hardware and software the Seller knows about, or is reasonable to suppose that he knows about them, where appropriate, the Seller informed on the relevant catalogue page of online store of the Seller and in these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
t) about the possibility and terms of dispute settlement via out-of-court way through the system of alternative dispute settlement if the Seller commited to use this system, the Seller informed on the relevant catalogue page of online store of the Seller and in these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
u) about the acts necessary for concluding the purchase contract, the Seller described these necessary acts in these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
v) about the fact that the purchase contract shall be stored in electronic form by the Seller and is available to the Buyer upon its written request, the Seller informed on the relevant catalogue page of online store of the Seller and in these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller,
w) about the fact that Slovak is the proposed language for concluding the purchase contract, the Seller informed on the relevant catalogue page of online store of the Seller and in these Terms, Conditions and Return policy, which are placed on the relevant sub-page of online store of the Seller.


2.7. If the Seller fails to comply with the information obligation on the payment of additional fees or other costs under the point 2.6. (e) of these Terms, Conditions and Return policy, or the costs for returning the goods under the point 2.6. (i) of these Terms, Conditions and Return policy, the Buyer is not obliged to pay these additional costs or fees.
 
3. Rights and Obligations of the Seller


3.1. The Seller is obliged to:
a) deliver, under the order confirmed by sending notification to the Buyer, the goods in the agreed quantity, quality and time limit, to pack it and dispatch for shipping in the manner necessary for its preservation or protection,
b) to ensure that delivered goods comply with the legislation of the Slovak Republic,
c) immediately after the conclusion of the purchase contract, at the latest on the delivery of the goods, provide the Buyer with the confirmation on the conclusion of the purchase contract on a tangible medium, for example, via e-mail. The confirmation must include all information referred to in the point 2.6., including the withdrawal form,
d) hand over to the Buyer all documents necessary for takeover and use of the goods in written or electronic form, and other documents required by the legislation of the Slovak Republic (manual in Slovak, guarantee certificate, delivery note, tax document), at the latest on the delivery of the goods.


 3.2. The Seller is entitled to the proper and timely payment of the purchase price from the Buyer for delivered goods.


3.3. If the Seller is not able, due to exhausted stocks, to deliver the goods to the Buyer within the time limit agreed in the purchase contract or as set out by these Terms, Conditions and Return policy, or for the agreed purchase price, the Seller is obliged to offer the Buyer a substitute performance or the option to withdraw from the purchase contract (cancel order). The Buyer may withdraw from the purchase contract or cancel the order by sending an e-mail. If the Buyer has already paid the purchase price or its part, the Seller shall refund the paid amount or its part to the Buyer to its designated bank account within 14 days from the date of delivery of the e-mail on the withdrawal from the purchase contract, or cancellation of the order, unless the contractual parties agreed otherwise. If the Buyer does not accept the substitute performance offered by the Seller within the appropriate time and does not withdraw from the purchase contract, the Seller is entitled to withdraw from the purchase contract, and if the Buyer has already paid the purchase price or its part, the Seller is obliged to refund the paid amount or its part to the Buyer within 14 days from the date of delivery of the withdrawal from the purchase price.
 
4. Rights and Obligations of the Buyer


4.1. The Seller informed the Buyer that the obligation to pay the price is the part of the order.


4.2. The Buyer is obliged to:
a) take over the ordered and delivered goods,
b) pay the Seller the agreed purchase price within the agreed maturity period, including the costs for delivery of the goods,
c) confirm the takeover of the goods in the delivery note by own signature or by signature of authorized person.
 
4.3. The Buyer is entitled to the delivery of the goods in the quantity, quality, time and place as agreed between the contractual parties.
 
5. Delivery and Payment Conditions


5.1. Usual availability of the goods with the date of dispatch is given for each item on the website of online store.


5.2. If the Seller and the Buyer do not agree otherwise in the purchase contract, the Seller is obliged to deliver the goods to the Buyer without delay, not later than 30 days from the date of the conclusion of the purchase contract. If the Seller fails to comply with the obligation to deliver the goods within the time limit referred to in the first sentence, the Buyer shall call to deliver the goods within an additional appropriate time limit determined by him. If the Seller does not deliver the goods within this additional appropriate time limit, the Buyer is entitled to withdraw from the purchase contract.


5.3. The Seller is entitled to call the Buyer to take over the goods even before the expiry of the time limit for the delivery of the goods agreed in the purchase contract.


5.4. Display of the goods on any site of online store operated by the Seller is only illustrative. Weight, dimensions and other data of the goods included in the catalogues, prospectuses and other documents of the Seller placed on the website of online store of the Seller are given by the producer and may differ from real data by ± 1% of given value.


5.5. The Buyer is obliged to take over the goods at the place, which is agreed between the Seller, or its representative responsible to deliver the goods, and the Buyer in the purchased contract, or by other method in the time limit before the delivery of the goods (hereinafter as “place”). The Buyer is obliged to take over the goods within the time limit, which is agreed between the Seller, or its representative responsible to delivery the goods, and the Buyer in the purchase contract or by other method in the time limit before the delivery of the goods (hereinafter as “time limit”).


5.6. If the Seller delivers the goods to the Buyer to the place and within the time limit, the Buyer is obliged to take over the goods personally, or to ensure the person that will be authorized to take over the goods in case of its absence and to sign the protocol on the payment of the purchased price, delivery and takeover of the goods. The third person authorized to take over the goods is obliged to submit a copy of order confirmation to the Seller. The goods are considered to be delivered and taken over at the moment of delivery of the goods to the Buyer. Delivery of the goods to the Buyer means delivery of the goods to the place, its takeover by the Buyer or third person authorized by the Buyer, and signing the protocol on the payment of the purchased price, delivery and takeover of the goods by the Buyer or third person authorized by the Buyer.


5.7. If delivery of the goods needs to be repeated due to the absence of the Buyer to the place and within the time limit, or if the Buyer does not take over the goods within 7 days after the expiry of the time limit without the precending written withdrawal from the purchase contract, the Seller shall be entitled to the compensantion for the damage in the amount of actual costs of attempt on unsuccessful delivery of the goods to the place.


5.8. The Buyer is obliged to check the consignment, i.e. the goods and also the packaging, immediately after the delivery in the presence of representative of the Seller. In case of the existence of a defect in the goods, the representative of the Seller is obliged to allow the Buyer to make a record of the extent and nature of the defect, where the accuracy shall be confirmed by the representative of the Seller. Upon this record delivered to the Seller, the Buyer may reject to take over the delivered goods with defects or confirm delivery of the goods with defects and make a claim about the defects of the goods to the Seller or designated person under Article 8 of these Terms, Conditions and Return policy. If the Buyer shall reject to take over the delivered goods with defects, all incurred costs for the return of the goods to the Seller shall be borne by the Seller.


5.9. The Buyer is entitled to withdraw from the purchase contract, if the Seller fails to deliver the goods within the time limit referred to in the point 5.2. of these Terms, Conditions and Return policy, and the Seller is obliged to refund the Buyer the paid amount of the purchase price to the designated bank account of the Buyer within 14 days from the receipt of withdrawal from the purchase contract.
 
6. Purchase price

6.1. Purchase price for the goods agreed in the purchase contract between the Seller and the Buyer is given in the order confirmation (hereinafter as “purchase price”). If the purchase price given in the order confirmation is higher than the price for identical goods given in the offer of online store at the time of sending the order by the Buyer, the Seller shall send an e-mail message to the Buyer with information on the offer of new purchase price at a different amount considered to be the proposal of the Seller to conclude new purchase contract that must be explicitly confirmed by the Buyer via e-mail or in writing, so valid purchase contract could be concluded.


6.2. The Buyer is obliged to pay the Seller the purchase price including the costs for delivery of the goods in cash, or by payment card in personal takeover of the goods, cash on delivery in the place of delivery of the goods or by cashless transfer to the bank account of the Seller specified in the order confirmation or on the website of the Seller at the time before takeover of the goods.


6.3. If the Buyer shall pay the Seller the purchase price by cashless transfer, the date of payment is the date when total price was credited to the bank account of the Seller.


6.4. The Buyer is obliged to pay the seller the purchase price for the agreed goods within the time limit under the purchase contract, at the latest during takeover of the goods.


6.5. In case that the Buyer shall not pay the Seller total purchase price until the delivery of the goods to the place and the contractual parties have not agreed to pay the purchase price for the goods on installments, the Seller is entitled to deny the delivery of the goods to the Buyer.


6.6. The costs associated with assembly and movement of the goods are not included in the purchase price, and the Seller is not obliged to provide these services to the Buyer.

 
7. Acquisition of ownership and the passing of the risk of damage to the goods


7.1. The Buyer acquires the ownership right to the goods after total payment of the purchase price for the goods.


7.2. The risk of damage to the goods passes to the Buyer at the time when the Buyer or third person authorized by the Buyer, shall take over the goods from the Seller or its representative authorized to deliver the goods, if does not do so in time, so at the time when the Seller shall alow the Buyer to dispose with the goods and the Buyer shall not take over the goods.
 
8. Return Policy (liability for defects, warranty, claims)


8.1. In case of a defect of the goods that may be removed, the Buyer is entitled to its removal free of charge, in time and in proper manner. The Seller is obliged to remove the defect immediately.


8.2. The Buyer may request replacement of the goods instead of removing the defect, or if the defect is associated only with parts of the goods, the Buyer may request the replacement of the component, if there shall not be excessive costs of the Seller in relation to the price of the goods or the seriousness of the defect.


8.3. Instead of removing the defect, the Seller may always replace defective goods for new goods, if it shall not cause serious difficulties to the Buyer.


8.4. If there is a defect of the goods that may not be removed and prevents the proper use of the goods as a thing without a defect, the Buyer is entitled to the replacement of the goods or to withdraw from the purchase contract. The Buyer has the same rights if the defects may be removed, but the goods may not be properly used due to re-occurrence of the defects after repair or due to larger number of the defects.


8.5. In case of other defects that may not be removed, the Buyer is entitled to an appropriate discount on the price of the goods.


8.6. The Seller informed the Buyer about its rights under § 622 of the Civil Code (point 8.1. to 8.3. of these Terms, Conditions and Return policy), and the rights under § 623 of the Civil Code (point 8.4 to 8.5. of these Terms, Conditions and Return policy), and the Seller placed these Terms, Conditions and Return policy on the relevant sub-page of online store of the Seller, and the Buyer had the chance to read them prior to sending an order.


8.7. The Seller is liable for the defects of the goods under the valid legislation of the Slovak Republic, and the Buyer is obliged to make a claim to the Seller or authorized person. Information on authorized persons and service points for warranty and post-warranty service are placed on the back side of the guarantee certificate, or the Seller shall provide them upon the request of the Buyer via phone or e-mail.


8.8. To the settlement of a claim applies the valid Return policy of the Seller, i.e. Article 8 of these Terms, Conditions and Return policy. The Buyer was properly informed of the Return policy, Conditions and manner of making a claim about the goods, including the details where to make a claim and the performance of warranty repairs under § 18 (1) of Act no. 250/2007 Coll. on the protection of the consumer and on amendment of the Act of the Slovak National Council no. 372/1990 Coll. on the offences as amended (hereinafter as “Act”), at the time prior to concluding the purchase contract, the Seller placed these Terms, Conditions and Return policy on the relevant sub-page of online store of the Seller, and the Buyer had the chance to read them prior to sending an order.


8.9. Return policy applies to the goods purchased by the Buyer in the form of online store on the website of online store of the Seller.


8.10. The Buyer is entitled to exercise the right of liability of the Seller for the defects of the goods associated only with the goods that show defects for which the producer, supplier or Seller is liable, the warranty applies to these goods and the goods were purchased from the Seller.


8.11. If the goods are defective, the Buyer is entitled to make a claim in the establishment of the Seller under § 18 (2) of Act, by delivering the goods to the establishment of the Seller and delivering the expression of will of the Buyer to exercise the right under the points 8.1. to 8.5. of these Terms, Conditions and Return policy (hereinafter as “Notification on making a claim”), for example, in the form of filled claim form, which is placed on the relevant sub-page of online store of the Seller. The Seller recommends the goods to be insured for the return. The Seller does not accept the consingments of cash on delivery. The Buyer is obliged to truthfully specify all required information in the Notification on making a claim, in particular to specify the kind and the extent of the defects of the goods; at the same time the Buyer shall state which of its rights exercises under § 622 and 633 of the Civil Code. The Buyer is entitled to make a claim with the person authorized by the producer of the goods for the performance of warranty repairs (hereinafter as “authorized person”). The list of authorized persons is referred to in the guarantee certificate or shall be sent by the Seller upon the request of the Buyer.
 
8.12. Claim proceedings associated with the goods that may be delivered to the Seller begin on the date when all following conditions are cumulatively met:
a) the Notification on making a claim is delivered to the Seller,
b) the returned goods are delivered to the Buyer or authorized person,
c) access codes, passwords, etc., of the returned goods are delivered to the Seller, if these data are necessary in order to resolve the claim properly;


8.13. If the subject of the claim is the goods that may not be objectively delivered to the Seller, or are firmly built-in, the Buyer, in addition to comply with the conditions under the points 8.12 (a) and (c) of these Terms, Conditions and Return policy, is obliged to provide all necessary assistance to the Seller or a third person designated by the Seller to carry out the inspection of defective goods. Claim proceedings associated with the goods that may not be objectively delivered to the Seller or are firmly built-in, begin on the date when the inspection of the goods was carried out according to the first sentence. However, if the Seller or a third person designated by the Seller, despite the necessary assistance provided by the Buyer, fails to provide the performance of inspection within an adequate time, not later than 10 days from the date when the Notification on making a claim was delivered to the Seller, the claim proceedings begin on the date when the Notification on making a claim was delivered to the Seller.


8.14. The Seller or designated person shall issue the claim confirmation to the Buyer in the appropriate form selected by the Seller, in the form of e-mail or written form, where the Buyer is obliged to accurately check the defects of the goods claimed, and once again the Seller shall inform the Buyer on its rights under the points 8.1. to 8.3. of these Terms, Conditions and Return policy (§ 622 of the Civil Code) and rights under the points 8.4. to 8.5. of these Terms, Conditions and Return policy (§ 623 of the Civil Code). If the claim is made by the means of remote communication, the Seller is required to immediately deliver the claim confirmation to the Buyer; if not possible to immediately deliver the confirmation, it must be delivered without delay, but at the latest with a document on the settlement of the claim; the claim confirmation does not need to be delivered if the Buyer has the option to prove making a claim in another way.


8.15. The Buyer is entitled to decide which of its rights exercises under § 622 and § 623 of the Civil Code, and at the same time is obliged to immediately deliver the information of its decision to the Seller. Based on the decision of the Buyer which of its rights exercises under § 622 and § 623 of the Civil Code, the Seller or designated person is obliged to immediately determine the way of the settlement of the claim under § 2 (m) of Act, in more complex cases within 3 days from the beginning of the claim proceedings, in justified cases, especially if a complex technical expertise of the condition of the goods is required within 30 days from the beginning of the claim proceedings. After determining the way of the settlement of the claim, the Seller or designated person shall immediately settle the claim, in justified cases, the claim may be settled later. However, the settlement of the claim may not be longer than 30 days from the date of making a claim. After the expiration of time limit for the settlement of the claim, the consumer is entitled to withdraw from the contract or require the replacement of the goods for new goods.

8.16. If the Buyer returned the goods within 12 months from the conclusion of the purchase contract, the Seller may deny the claim upon the expert opinion or the opinion issued by an authorized, notified or accredited person; or the opinion of designated person (“hereinafter as “expertise of the goods”). Regardless of the results of the expertise, the Seller may not require from the Buyer to pay the costs for the expertise of the goods, nor other costs associated with the expertise of the goods.


8.17. If the Buyer returned the product after 12 months from the conclusion of the purchase contract and the Seller denied it, the person responsible for the settlement of the claim is obliged to specify in the document on the settlement of the claim, where the Buyer may send the goods for the expertise. If the Buyer shall send the goods for expertise to the designated person specified in the document on the settlement of the claim, the costs for the expertise of the goods and also all other associated costs are to be borne by the Seller, regardless of the results of the expertise. If the expertise proves the liability of the Seller for defects of the goods, the Buyer may make a claim again; warranty period does not run during the performance of the expertise. The Seller is obliged to pay the Buyer all costs for the expertise and also all costs associated with that, within 14 days from the date of repeated claim. Re-made claim may not be denied.


8.18. The Buyer is not entitled to exercise the right of liability for defects about which was informed by the Seller during concluding the contract, or was aware of them, taking into account the circumstances under which the purchase contract was concluded.


8.19. The Seller reserves the right to replace defective goods for new goods with the same or better technical parameters, if it shall not cause any difficulties to the Buyer.


8.20. The Seller shall not be liable for defects of the goods in case:
a) if it is a clear defect, which the Buyer could find out by checking the consignment on delivery of the goods, and which he has not notified to the representative of the Seller under the point 5.8. of these Terms, Conditions and Return policy,
b) if the Buyer has not exercised the right with regard to the liability of the Seller for the defect of the goods until the expiration of the warranty period,
c) if the defect of the goods is mechanical damage of the goods caused by the Buyer,
d) if the defect of the goods is caused by the use of the goods under conditions which do not correspond to their natural environment of the goods by their intensity, humidity, chemical and mechanical impacts,
e) if the defect of the goods is caused by improper use, operation, or neglect of the treatment,
f) if the defect of the goods arises from damage to the goods by excessive loading or use in contradiction to the conditions defined in the documentation or general principles of the common use of the goods,
g) if the defect is caused by damage to the goods by irreversible and/or unpredictable circumstances,
h) if the defect is caused by damage to the goods by accidental destruction and accidental deterioration,
i) if the defect is caused by inappropriate intervention, damage by water, fire, static or atmospheric electricity, or by other force majeure,
j) if the defect is caused by the intervention to the goods by an unauthorized person.
 
8.21. The Seller is obliged to settle the claim and terminate the claim proceedings by one of the following methods:
a) handing over the repaired goods,
b) replacement of the goods,
c) refunding the purchase price of the goods,
d) payment of appropriate discount from the price of the goods,
e) a written request to take over the performance defined by the Seller,
f) justified rejection of the return of the goods.


8.22. The Seller is obliged to issue a written document on the method of determining the settlement of the claim and on the settlement of the claim, not later than 30 days from the date of making a claim personally, through the provider of mail, courier or delivery service. On the results of the settlement of the claim, the Seller shall inform the Buyer immediately after the end of the claim proceedings via phone or e-mail, and at the same time, the Buyer shall receive the document on the settlement of the claim along with the goods, or via e-mail.


8.23. Warranty period is 24 months from the date of delivery of the goods, unless the warranty period is different for specific cases. The products of sports nutrition, foods in gift baskets or animal feed have a minimum durability of more than 2 months, in case of shorter expiration period, the Seller shall contact the Buyer via phone or e-mail, and the consignment is sent only with the consent of the Buyer.


8.24. Warranty period is prolonged by the time the Buyer could not use the goods due to warranty repair of the goods.


8.25. In case of the replacement of the goods, the Buyer shall receive a document including the information on the replacement of the goods, and possible another returns shall be made under the purchase contract and this Return policy. In case of the replacement of the goods for new goods, the warranty period shall run again from the delivery of new goods and only for new goods.


8.26. As regards a removable defect, the settlement of the claim shall be depending on the decision of the Buyer under the point 8.15. of these Terms, Conditions and Return policy as follows:
a) the Seller shall ensure the removal of the defect, or
b) the Seller shall replace defective goods.


8.27. As regards a removable defect and the Buyer shall not determine the way how to settle this claim under the point 8.15. of these Terms, Conditions and Return policy, the Seller shall settle the claim by removing the defect.


8.28. As regards a defect that may not be removed, repeated removable defect, or larger number of various removable defects that prevents the proper use of the goods as a thing without a defect, the Seller shall settle the claim depending on the decision of the Buyer under the point 8.15. of these Terms, Conditions and Return policy as follows:
a) the Seller shall replace defective goods for other functional goods with the same or better technical parameters, or
b) if the Seller may not replace defective goods for other goods, the Seller shall settle the claim by refunding the purchase price of the goods.


8.29. As regards a defect that may not be removed, repeated removable defect, or larger number of various removable defects that prevents the proper use of the goods as a thing without a defect, and the Buyer shall not immediately determine the method of the settlement of the claim under the point 8.15. of these Terms, Conditions and Return policy, the Seller shall settle the claim by the replacement of the goods for new goods with the same or better technical parameters.

8.30. The settlement of the claim applies only to the defects specified in the Notification on making a claim and in the claim confirmation of the goods under the point 8.14. of these Terms, Conditions and Return policy.


8.31. For the purposes of the return, as repeated removable defect is considered the occurrence of a removable defecte more than twice.


8.32. For the purposes of the return, as larger number of various removable defects is considered the occurrence of more than three various removable defects at the same time.


8.33. The entitlement of the Buyer for making a claim of defective goods is after the Buyer has exercised its right and has requested the Buyer to remove the defects of the goods under the point 8.1. of these Terms, Conditions and Return policy, regardless of the results of the claim and the Buyer is not entitled to make a claim repeatedly for the same unique defect (not a defect of the same kind).

                                                
8.34. The provisions of Article 8 of these Terms, Conditions and Return policy do not explicitly apply to entities not complying with the definition of the consumer defined in § 2 (a) of Act.


9. Personal Data Protection


9.1. The contractual parties agreed that if the Buyer is a natural person, is obliged to provide the Seller its name and surname, permanent residence address and ZIP, phone number and e-mail address in an order.


9.2. The contractual parties agreed that if the Buyer is a legal entity, is obliged to provide the Seller its business name, registered office and ZIP, identification number, phone number and e-mail address in an order.


9.3. The Buyer may check and change the provided personal data at any time, and also cancel the registration after login on the website of online store in the section “Customer zone”.


9.4. The Seller informs the Buyer that under § 10 (3) (b) of Act no.122/2013 Coll. on personal data protection as amended (hereinafter as “Act on personal data protection”), the Seller as operator shall process personal data of the Buyer without its consent as the person concerned in the process of concluding the purchase contract, as personal data processing of the Buyer shall be carried out by the Seller in pre-contractual relationships with the Buyer, and personal data processing of the Buyer is necessary in order to perform the purchase contract where the Buyer is one of the contractual parties.


9.5. By checking the box prior to sending an order, the Buyer agrees to process and store its personal data under § 11 (1) of Act on personal data protection, in particular those above-mentioned and/or which are necessary for the activity of the Seller relating to sending a new information on new products, discounts and sales of the offered goods, and to process them in all information systems relating to sending a new information on new products, discounts and sales of the offered goods.


9.6. The Seller commits to process and store personal data of the Buyer in accordance with applicable Slovak legislation.


9.7. The Buyer declares that shall collect personal data under § 6 (2) (c) of Act on the personal data protection, explicitly for the purposes defined in these Terms, Conditions and Return policy.


9.8. The Seller declares that under § 6 (2) (e) of Act on personal data protection, shall collect personal data for the purposes different than those specified in these Terms, Conditions and Return policy separately, and shall ensure that personal data to be processed and used explicitly in the manner corresponding to the purspose for which they were collected, and the Seller shall not combine them with personal data received for other purposes.


9.9. The Buyer gives the Seller the fixed-term consent under the point 9.5 of these Terms, Conditions and Return policy until the purpose of personal data processing by the Buyer is fulfilled. After the purpose of processing is fulfilled, the Seller shall immediately ensure the deletion of personal data of the Buyer. The consent to data processing may be revoked by the Buyer in written form at any time. The consent expires within 1 month from the date of the Buyer’s revocation was received by the Seller.


9.10. Prior to sending an order, the Buyer shall be called to check the box to confirm that the Seller informed him in a clear, comprehensible and unmistakable manner about:
a) identification data of the Seller referred to in Article 1 of these Terms, Conditions and Return policy
b) identification data of a third party, which is a company that shall deliver the ordered goods to the Buyer and these data are included in the order confirmation,
c) the purpose of personal data processing, which is the conclusion of the purchase contract between the Seller and the Buyer,
d) the information that the Seller shall process personal data of the Buyer within the scope of name and surname, permanent residence and ZIP, phone number and e-mail address, if the Buyer is a natural person; and within the scope of business name, registered office and ZIP, identification number, phone number and e-mail address, if the Buyer is a legal entity,
e) the fact that the Buyer has obligation to provide the required personal data.


9.11. The Seller declares that shall process personal data in accordance with accepted principles of morality and shall act in the manner that is not contradictory to the Act on personal data protection, nor other generally binding rules, and shall not circumvent them. The Seller declares that the consent of affected person shall not be enforced or made condition under a threat of rejecting the contractual relationship, service, goods or obligation of the Seller.


9.12. The Buyer is entitled, upon a written request, to require from the Seller:
a) confirmation whether his personal data are processed,
b) purpose of personal data processing,
c) information, in a generally comprehensible form, on personal data processing of the Buyer in the information system and its state within the scope:

     i) identification data of the Seller and representative of the Seller, if has been appointed;
     ii) identification data of the provider; this does not apply if the Seller does not proceed to obtain personal data under § 8 of Act on personal data protection,
d) information, in a generaly comprehensible form, on exact information about the source from which his personal data were obtained for processing,
e) write-off of his personal data in a generally comprehensible form, which are the subject of processing,
f) additional information, which are necessary for the Buyer with regard to all circumstances and conditions of personal data processing in order to guarantee its rights and rights of protected interest, particularly within the scope
     i) information on willingness or obligation to provide the required personal data; if the Seller obtains personal date of the Buyer upon the consent of the Buyer under § 11 of Act on personal data protection, the Buyer shall also notify him of the validity of the consent, and if the Buyer has the obligation to provide personal data resulting from a directly enforceable legally binding act of the European Union, or International Treaty by which the Slovak Republic is bound, or resulting from the act, the Seller shall notify the Buyer of the legal basis which imposes such an obligation on the Buyer and shall inform him of the consequences of rejecting to provide personal data,
     ii) information about third parties, if it is foreseen or obvious that personal data shall be provided to them,
     iii) the range of beneficiaries, if it is foreseen or obvious that personal data shall be made available to them,
     iv) method of publishing, if personal data should be published,
     v) third countries, if it is foreseen or obvious that personal data shall be transferred to these countries,
g) correction of incorrect, incomplete or outdated personal data, which are the subject of processing,
h) deletion of personal data, if the purpose of processing was fulfilled; if official documents containing personal data are the subject of processing, the Buyer may require the Seller to return them,
i) deletion of personal data that are the subject of processing, if there was a breach of Act on personal data protection or other valid legislation of the Slovak Republic.


9.13. Upon a free written request, the Buyer is entitled to object to the Seller against:
a) the processing of his personal data which he considers to be or shall be processed for the purposes of indirect marketing without his consend, and may require to delete them,
b) use of personal data referred to in § 10 (3) (d) for the purposes of indirect marketing by mail, or
c) provision of personal data referred to in § 10 (3) (d) for the purposes of indirect marketing.


9.14. Upon a free written request, the Buyer is entitled to object to the Seller against personal data processing in cases under § 10 (3) (a), (e), (f) or (g) of Act on personal data protection, by giving justified reasons or by submitting of evidence of unauthorized interference with its rights and right of the protected interests that are or may be corrupted in a particular case by such processing of personal data; if the legal grounds do not prevent it and there shall be proven that the Buyer’s objection is justified, the Seller is obliged to immediately block and delete personal data to which the Buyer objected, as soon as circumstances allow it.


9.15. The Buyer, upon a written request or personally, if the case does not delay, is entitled to object to the Seller at any time and not to be subject to a decision of the Seller, which should have legal and significant effects for him, if such a decision shall be issued explicitly on the basis of automated processing of personal data. The Buyer is entitled to require the Seller to review the issued decision by a method different from automated form of processing, and the Seller is obliged to comply with the Buyer’s request, where an authorized person shall have a decisive role in reviewing the decision; the Seller shall inform the Buyer on the method of reviewing and the results of the findings within the time limit under Article 9.18 of these Terms, Conditions and Return policy. The Buyer does not have this right in case if provided by a special act regulating the measures to ensure the legitimate interests of the Buyer, or in the context of pre-contractual relationships or during the existence of contractual relationships, the Seller issued a decision by which complied with the Buyer’s request, or under the contract the Seller took other appropriate actions to ensure the legitimate interests of the Buyer.


9.16. If the Buyer exercises the right in a written form and from the content of its application results that the Buyer exercises its right, the application is considered as submitted under this Act; the application submitted via e-mail or phone the Buyer shall deliver not later than 3 days from the date of the submission.


9.17. If the Buyer suspects that processing of its personal data is unauthorized, the Buyer may submit a notification on this to the Personal Data Protection Authority. If the Buyer does not have legal capacity in full extent, its rights may be exercised by a legal representative.


9.18. The Seller is obliged to handle a request of the Buyer in a written form under this Article of these Terms, Conditions and Return policy, or comply with the requirements of the Buyer under Act on personal data protection and inform the Buyer in writing not later than 30 days from the receipt of request or requirements.


9.19. The Seller shall forthwith notify the restriction of the Buyer’s rights to the affected person and Personal Data Protection Authority under § 28 (2) of Act on personal data protection.


9.20. Hereby, the Seller informs the Buyer under § 15 (1) (e) point 3 and 4, that in the processing of personal data of the Buyer is assumed that personal data of the Buyer shall be provided and available to the following third parties, or the range of beneficiaries:
GLS General Logistics Systems, s. r. o.,  with registered office Lieskovská cesta 13, 962 21 Lieskovec, ID: 36624942, registered in the Business Register of District Court Banská Bystrica, Section: Sro, Insert no. 9084/B 


9.21. Information systems of online store of the Seller are registered under Act no. 122/2013 Coll. on personal data protection.


 
10. Withdrawal from Purchase Contract


10.1. If the Seller may not fulfill its obligations resulting from the purchase contract due to the exhausted goods, the unavailability of the goods or if the producer, importer or supplier of the goods agreed in the purchase contract interrupted the production or made such major changes that made it impossible to fulfill the Seller's obligations resulting from the purchase contract or from the reasons of force majeure, or even if the Seller is not able to deliver the goods to the customer after making all reasonable efforts within the time limit defined by these Terms, Conditions and Return policy or in the price specified in the order, the Seller is obliged to inform the Buyer immediately and simultaneously is obliged to offer the Buyer a substitute performance or an option for the Buyer to withdraw from the purchase contract (cancel the order). In the case that the Buyer withdraws from the purchase contract due to the reasons stated in this article of these Terms, Conditions and Return policy, the Seller is obliged to refund to the Buyer an already paid advance for the goods agreed in the purchase contract within 14 days from the notification of the withdrawal by bank transfer to the bank account designated by the Buyer.


10.2. The Buyer is entitled to withdraw from the purchase contract without giving the reason under § 7 and the following Act no. 102/2014 Coll. on the protection of consumers in sale of goods or provision of services under remote contracts (hereinafter as “Act on on the protection of consumers in sale of goods or provision of services under remote contracts”) within 14 days from the takeover of the goods, or from the date of the conclusion of the contract on providing the service, or the contract on providing the electronic content not delivered on a tangible medium, if the Seller in time and properly complied with the information obligations under § 3 of Act on on the protection of consumers in sale of goods or provision of services under remote contracts.


10.3. Within this period after the takeover, the Buyer is entitled to unpack and try the goods in a manner as usual in the purchase in a classic store and to the extent necessary to ascertain the nature, properties and functionality of the goods.


10.4. Withdrawal period shall begin from the date of takeover of all parts of the ordered goods by the Buyer or third person designated by the Buyer, expect for the carrier, or if
a) the goods ordered by the Buyer shall be delivered separately, from the date of takeover of the goods delivered as the last one,
b) the delivered goods shall be consisted of several elements or parts, from the date of takeover of the last element or last part,
c) the goods shall be delivered under the contract during the specified period, from the date of takeover of the first delivered goods.


10.5. The Buyer may withdraw from the purchase contract, whose subject is the purchase of the goods even prior to the commencement of the withdrawal period.


10.6. Withdrawal from the contract must be made by the Buyer in the written form and in a manner that does not give rise to any doubts that there has been the withdrawal from the contract, or in the form of registration on another durable medium or by using the form in Annex no. 1 of these Terms, Conditions and Return policy. The withdrawal period shall be considered to be maintained if the notice of withdrawal has been sent to the Seller at the latest on the last day of the period under § 7 (1) of the Act on on the protection of consumers in sale of goods or provision of services under remote contracts.


10.7. Withdrawal from the purchase contract according to the preceding point of theseTerms, Conditions and Return policy, must include the information required in the withdrawal form from the purchase contract, which is part of Annex no. 1 of these Terms, Conditions and Return policy, in particular the identification of the Buyer, number and date of the order, exact specification of the goods, the way how the Seller shall refund the already accepted performance, especially the bank account number and / or postal address of the Buyer.


10.8. If the Buyer withdraws from the purchase contract, any addendum contract relating to the purchase contract from which the Buyer has withdrawn is also canceled from the outset. No costs or other payments may be required from the Buyer in connection with the cancellation of an addendum contract, except for the payment of the costs and payments referred to in § 9 (3), § 10 (3) and (5) of the Act on on the protection of consumers in sale of goods or provision of services under remote contracts and service charges, where the subject matter of the contract is the provision of the service and the service has been provided in full.


10.9. The Buyer is obliged to send the goods back to the registered office address of the operator, to the Seller or the person authorized by the Seller to take over the goods without delay, not later than 14 days from the date of withdrawal from the purchase contract. This does not apply if the Seller has suggested picking up the goods personally or through a person authorized by the Seller. Under the first sentence of this point of these Terms, Conditions and Return policy, the time limit is considered to be maintained if the goods were dispatched for shipping at the latest on the last day of the time limit.


10.10. The Buyer is obliged to deliver the goods to the Seller complete and undamaged, including full documentation, if possible in original packaging and unused.


10.11. The goods is recommended to be insured. The Seller does not accept the consingments of cash on delivery. The Seller is obliged to immediately refund the Buyer all payments received from him under or in connection with the purchase contract, including the costs of transport, delivery and postage, and other costs and fees, not later than 14 days from the date of the notification of withdrawal from the contract. Under this point of these Terms, Conditions and Return policy, the Seller is not obliged to refund the Buyer payments prior to delivery of the goods or until the Buyer proves the return of the goods back to the Seller unless the Seller suggests that the goods shall pick up personally or through a person authorized by the Seller.


10.12. The Buyer shall bear the costs of returning the goods to the Seller or person authorized by the Seller to take over the goods. This does not apply if the Seller agreed to bear them or has not complied with the obligation under § 3 (1) (i) of the Act on on the protection of consumers in sale of goods or provision of services under remote contracts.


10.13. The Buyer is only liable for the diminished value of the goods resulting from the treatment of the goods which is beyond the treatment necessary to ascertain the properties and functionality of the goods. The consumer is not liable for the diminished value of the goods if the Seller failed to comply with the information obligation on the right of the consumer to withdraw from the contract under § 3 (1) (h) of the Act on on the protection of consumers in sale of goods or provision of services under remote contracts.


10.14. The Seller is obliged to refund the purchase price for the goods to the Buyer in the same way as the Buyer used in its payment unless the Seller and the Buyer have not agreed on different way of refunding the payment without incurring additional charges to the Buyer.


10.15. If the Buyer withdraws from the contract and delivers to the Seller the goods which is used, damaged or incomplete, the Buyer commits to pay the Seller:
(a) the value in the real amount by which the value of the goods has been reduced under § 457 of the Civil Code
(b) costs incurred to the Seller with regard to the repair of the goods and bringing back to the original condition, calculated according to the post-warranty service price list. Under this point of Terms, Conditions and Return policy, the Buyer is obliged to pay the Seller compensation in the maximum amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.


10.16. In accordance with § 7 (6) of the Act on on the protection of consumers in sale of goods or provision of services under remote contracts, the Buyer may not withdraw from the contract, where the subject of which is:
- the sale of goods made according to the specific requirements of the consumer, tailor-made goods or goods specifically intended for one consumer,
- the sale of goods enclosed in a protective packaging, which is not suitable to return due to health or hygiene reasons and protective packaging of which has been damaged after delivery,
- the sale of audio recordings, visual recordings, audio-visual recordings, books or computer software sold in the protective packaging, if the consumer has unpacked the packaging,
- the provision of electronic content otherwise than on a tangible medium, if this provision has been initiated with the explicit consent of the consumer and the consumer has declared that has been properly informed about losing the right to withdraw from the contract by expressing such consent,
- the sale of goods which has been assembled, folded or used after the conclusion of the contract and the takeover of the goods by the Buyer from the Seller in such a way that bringing them back to the original condition by the Seller is not possible without incurring increased efforts and increased costs, e.g. folded or assembled furniture, etc.

10.17. The provision of Article 10 of these Terms, Conditions and Return policy do not explicitly apply on the entities not complying with the definition of the consumer referred to in § 2 (a) of the Act.


11. Final Provisions
11.1. In the case where the purchase contract is concluded in writing, any amendment of it must be in writing.
11.2. The contractual parties have agreed that the communication between them shall be in the form of e-mail messages.
11.3. Relationships not governed by these Terms, Conditions and Return policy are governed by the relevant provisions of the Civil Code, the Act, Act no. 22/2004 Coll. on electronic commerce and amending Act no. 128/2002 Coll. on state control of the internal market in consumer protection matters and on the amendment of some acts, as amended by Act No. 284/2002 Coll. as amended, and Act no. 102/2014 Coll. on the protection of consumers in sale of goods or provision of services under remote contracts.
11.4. These Terms, Conditions and Return policy entry into force against the Buyer by concluding the purchase contract.
11.5. Prior to sending an order, the Buyer shall be called to check the box to confirm that was informed about, read, understood the content of these Terms, Conditions and Return policy, and agree with them.
 

Annex no. 1
Download the following FORM for return

 

Annex no. 2
Information on the exercise of the Buyer’s right to withdraw from the purchase contract

1. Right to withdraw from the purchase contract
You are entitled to withdraw from this purchase contract without giving reasons within 14 days. Withdrawal period shall expire 14 days from the date of takeover of the goods by you or a third person designated by you, except for carrier.
When exercising the right to withdraw from the purchase contract, inform us on your decision to withdraw from this purchase contract by a clear statement (for example, by a letter sent by mail, fax or e-mail) to the address Topánky E-shop, s.r.o., with registered office F. Kráľa 16, 966 81 Žarnovica, e-mail: info@topanky.sk.
For this purposes you can use a sample withdrawal form, which forms Annex no. 1 of these Terms, Conditions and Return policy. In case of interest, you have an option to fill and send the sample withdrawal form or any other clear statement on the withdrawal from the purchase contract through our website www.topanky.sk If you use this option, we shall immediately confirm you the confirmation on the withdrawal from the purchase contract via e-mail, resp. other durable medium. Withdrawal period is maintained if you send the notification on the exercise of the right to withdraw from the purchase contract before the withdrawal period expires.

2. Consequences of withdrawal In case of withdrawal from the purchase contract, we shall refund you all payments associated with the conclusion of the purchase contract, in particular the purchase price including costs for the return of the goods. This does not apply to additional costs, if you chose method of delivery different than the cheapest common method of delivery we offer, nor the costs for additional services if they were the subject of the contract and they were fully provided. Payments shall be refunded to you without delay and in any case not later than 14 days after the date of receipt of your notification on withdrawal from this purchase contract. Their payment shall be made in the same method as you used for your ayment, unless you explicitly agreed with a different method without incurring any additional fees.
The payment for purchased goods shall be paid to you upon delivery of the returned goods back to our addres or upon presentation of the document proving the return of the goods, whichever is earlier. Send us the goods back or bring it to the registered office of the company without delay and in any case not later than 14 days after the date of the exercise of the right to withdraw from the contract. The period is considered to be maintained if the goods is returned before the 14-day period expires. The direct costs for the return of the goods shall be born by you. Please note that in case of withdrawal from the contract, you are liable for any decrease in the value of the goods as a result of its treatment at the time from deliver until its return otherwise than necessary to ascertain the nature, properties and functionality of the goods.