These general terms and conditions (the “Terms”) govern the rights and obligations of You, as buyers, and Us, as the seller, within contractual relationships concluded through the E-shop on the website www.heatcooltech.sk.
All information on the processing of Your personal data is contained in the personal data processing policy, which you can find here www.heatcooltech.sk.
As you surely know, we communicate primarily at a distance. Therefore, our Contract is also concluded using means of distance communication, which allow us to reach an agreement without the simultaneous physical presence of Us and You.
If any part of the Terms contradicts what we have jointly agreed during the process of Your purchase on Our E-shop, that specific agreement shall take precedence over these Terms.
1. CERTAIN DEFINITIONS
1.1 Price is the amount of money You will pay for the Goods;
1.2 Shipping Price is the amount of money You will pay for the delivery of the Goods, including the price of their packaging;
1.3 Total Price is the sum of the Price and the Shipping Price;
1.4 VAT is value added tax pursuant to the applicable legislation;
1.5 E-shop is the online store operated by Us at the address Banícka 404/8A 974 05 Malachov, through which the purchase of Goods takes place;
1.6 Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
1.7 We are the company Heatcooltech s. r. o., with its registered office at Banícka 404/8A 974 05 Malachov, IČO: 47575531, registered in the Commercial Register maintained by the District Court Banská Bystrica, Section [Sro], Insert No. [25931/S], e-mail info@heatcooltech.sk, telephone number 0910 945 137, referred to in legislation as the seller;
1.8 Order is Your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;
1.9 Goods means everything You can purchase on the E-shop;
1.10 User Account is an account set up on the basis of the data You provide, which allows the entered data to be stored and the history of ordered Goods and concluded contracts to be kept;
1.11 You are the person purchasing on Our E-shop, referred to in legislation as the buyer;
1.12 Contract is the purchase contract agreed on the basis of a duly completed Order sent via the E-shop, and it is concluded at the moment You receive Our confirmation of the Order.
2. GENERAL PROVISIONS AND INFORMATION
2.1 Goods may be purchased only through the web interface of the E-shop.
2.2 When purchasing Goods, it is Your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information You provided to Us when ordering the Goods to be correct and true.
3. CONCLUSION OF THE CONTRACT
3.1 The Contract with Us may be concluded only in the Slovak language.
3.2 The Contract is concluded at a distance via the E-shop, and You bear the costs of using the means of distance communication.
However, these costs do not differ in any way from the basic rate You pay for the use of these means (i.e. in particular for internet access), so You need not expect any additional costs charged by Us beyond the Total Price. By sending the Order, You consent to the use of means of distance communication.
3.3 In order for us to conclude the Contract, You need to create a draft Order on the E-shop. The draft must contain the following information:
a) Information about the Goods being purchased (on the E-shop You mark the Goods You wish to purchase with the “Add to cart” button);
b) Information about the Price, Shipping Price, VAT, method of payment of the Total Price and the requested method of delivery of the Goods; this information will be entered while creating the draft Order within the E-shop user interface, with the information on the Price, Shipping Price, VAT and Total Price being stated automatically based on the Goods and delivery method You have chosen;
c) Your identification data enabling us to deliver the Goods, in particular name, surname, delivery address, telephone number and e-mail address;
d) In the case of a Contract under which We will supply You with Goods regularly and repeatedly, also information on how long We will supply You with the Goods.
3.4 While creating the draft Order, You may change and check the data until the Order is created. After checking, You create the Order by pressing the “Order with obligation to pay” button. Before pressing the button, however, You must confirm that You have read and agree to these Terms; otherwise it will not be possible to create the Order. A checkbox is used for this confirmation and consent. After pressing the “Order with obligation to pay” button, all completed information will be sent directly to Us.
3.5 We will confirm Your Order as soon as possible after it is delivered to Us by a message sent to Your e-mail address stated in the Order. The confirmation will include a summary of the Order and these Terms. The Contract between Us and You is concluded upon Our confirmation of the Order. The Terms as in effect on the date of the order form an integral part of the Contract.
3.6 There may also be cases where We are unable to confirm the Order. These are in particular situations where the Goods are not available or cases where You order a larger number of units of the Goods than We allow. However, We will always provide You in advance with information on the maximum number of units of the Goods within the E-shop, so it should not come as a surprise to You. If any reason arises for which We cannot confirm the Order, We will contact You and send You an offer to conclude the Contract in a form modified from the Order. In such a case, the Contract is concluded at the moment You confirm Our offer.
3.7 If an obviously incorrect Price is stated on the E-shop or in the draft Order, in particular as a result of a technical error, We are not obliged to deliver the Goods to You at that Price even if You have received the Order confirmation and the Contract has thus been concluded. In such a situation, We will contact You without undue delay and send You an offer to conclude a new Contract in a form modified from the Order. In such a case, the new Contract is concluded at the moment You confirm Our offer. If You do not confirm Our offer within 3 days of its sending, We are entitled to withdraw from the concluded Contract. An obvious error in the Price is deemed to be, for example, a situation where the Price does not correspond to the usual price at other sellers, or a digit is missing or superfluous.
3.8 Upon conclusion of the Contract, You become obliged to pay the Total Price.
3.9 If You have set up a User Account, You may place an Order through it. Even in that case, however, You are obliged to check the correctness, truthfulness and completeness of the pre-filled data. The method of creating the Order is the same as for a buyer without a User Account; the advantage, however, is that You do not need to fill in Your identification data repeatedly.
3.10 In some cases, We allow a discount to be used for the purchase of Goods. To receive the discount, You need to enter the details of the discount in the designated field within the draft Order. If You do so, the Goods will be provided to You at a discount.
4. USER ACCOUNT
4.1 Based on Your registration on the E-shop, You can access Your User Account.
4.2 When registering a User Account, it is Your obligation to state all entered data correctly and truthfully and to update it in the event of any change.
4.3 Access to the User Account is secured by a username and password. You are obliged to keep these access credentials confidential and not to provide them to anyone. We bear no liability in the event of their misuse.
4.4 The User Account is personal and You are therefore not entitled to allow third parties to use it.
4.5 We may cancel Your User Account, in particular if You do not use it for more than 1 year or if You breach Your obligations under the Contract.
4.6 The User Account may not be available continuously, in particular with regard to necessary maintenance of hardware and software equipment.
5. PRICE AND PAYMENT TERMS, RETENTION OF TITLE
5.1 The Price is always stated on the E-shop, in the draft Order and in the Contract. In the event of a discrepancy between the Price stated for the Goods on the E- shop and the Price stated in the draft Order, the Price stated in the draft Order shall apply, which will always be identical to the price in the Contract. The draft Order also states the Shipping Price or, where applicable, the conditions under which shipping is free of charge.
5.2 The Total Price is stated including VAT and including all fees laid down by special legislation.
5.3 We will request payment of the Total Price from You after the conclusion of the Contract and before the handover of the Goods. You may pay the Total Price in the following ways:
a) By bank transfer. We will send You the payment details as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is due within 3 working days.
b) By card online. In that case, payment is made via the WooPayments payment gateway, and the payment is governed by the terms of this payment gateway, which are available at: www.woocommerce.com/payments. In the case of payment by card online, the Total Price is due within 2 working days.c) In that case, payment is made upon delivery of the Goods against handover of the Goods. In the case of cash on delivery, the Total Price is due upon receipt of the Goods.
d) In cash upon personal collection. Goods may be paid for in cash when collected at Our premises. In the case of payment in cash upon personal collection, the Total Price is due upon receipt of the Goods.
5.4 The Invoice will be issued in electronic form after payment of the Total Price and will be sent to Your e-mail address stated in the Order. The Invoice will also be physically enclosed with the Goods and available in the User Account, if You have one.
5.5 Ownership of the Goods passes to You only after You have paid the Total Price and taken delivery of the Goods. In the case of payment by bank transfer, the Total Price is paid when credited to Our account; in other cases it is paid at the moment the payment is made.
6. DELIVERY OF GOODS, TRANSFER OF RISK OF ACCIDENTAL LOSS AND ACCIDENTAL DETERIORATION OF THE SUBJECT OF PURCHASE
6.1 The Goods will be delivered to You by the method of Your choice, and You may choose from the following options:
a) Delivery by carrier companies,
b) Personal collection at Banícka 404/8A 974 05 Malachov,
6.2 Goods can be delivered only within the Slovak Republic.
6.3 We are obliged to deliver the Goods to You without undue delay, but no later than 30 days from the date of conclusion of the Contract. In performing the Contract, circumstances may arise that affect the delivery date of the Goods You have ordered. We will inform You by e-mail without undue delay about any change in the delivery date and the new expected delivery date of the ordered Goods, without prejudice to Your right to withdraw from the Contract. Our notice of the new delivery date of the Goods also includes Our request for You to state whether You insist on delivery of the Goods You ordered on the new date. In the case of personal collection at the premises, We will always inform You by e-mail when the Goods are ready for collection.
6.4 When taking delivery of the Goods from the carrier, it is Your obligation to check that the packaging of the Goods is intact and, in the event of any damage, to notify the carrier and Us of this fact without undue delay. If the packaging has been damaged in a way that indicates unauthorised handling of and entry into the consignment, You are not obliged to accept the Goods from the carrier.
6.5 You are obliged to take delivery of the Goods at the agreed place and time. If You do not take delivery of the Goods in accordance with the preceding sentence, We will notify You by e-mail where You can collect the Goods, including the time limit for collection, or, on the basis of Your written request sent no later than 14 days from the date on which You were to take delivery of the Goods, We will re-deliver the Goods to You, in which case You undertake to pay Us all costs associated with the re-delivery of the Goods. If You breach Your obligation to take delivery of the Goods, except in the cases under Art. 6.4 of these Terms, this shall not constitute a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to take delivery of the Goods does not constitute withdrawal from the Contract between Us and You. If You do not take delivery of the Goods even within the additional time limit, We become entitled to withdraw from the Contract on the grounds of Your material breach of the Contract. If We decide to exercise this right, the withdrawal takes effect on the day We deliver the withdrawal to You. Withdrawal from the Contract does not affect the claim for compensation for damage incurred in the amount of the actual costs of the attempted delivery of the Goods, or any further claim for damages, should such arise.
6.6 If, for reasons on Your side, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, You are obliged to reimburse Us for the costs associated with such repeated delivery. We will send the payment details for these costs to Your e-mail address stated in the Contract, and they are payable within 14 days of delivery of the e-mail.
6.7 The risk of damage to the Goods passes to You at the moment You take delivery of them. If You do not take delivery of the Goods, except in the cases under Art. 4 of these Terms, the risk of accidental loss and accidental deterioration of the Goods passes to You at the moment You had the opportunity to take delivery of them but did not do so for reasons on Your side. The transfer of the risk of accidental loss and accidental deterioration of the Goods means that from that moment You bear all consequences associated with the loss, destruction, damage or any deterioration of the Goods.
7. RIGHTS ARISING FROM LIABILITY FOR DEFECTS
7.1 Introductory provision on liability for defects
7.1.1 We undertake to deliver the Goods to You in the required quality and quantity and free of defects.
7.1.2 We are liable for defects that the Goods have upon receipt. For used Goods, We are not liable for defects resulting from their use or wear. For Goods sold at a lower price, We are not liable for defects for which the lower price was agreed.
7.1.3 The general warranty period is 24 months. The warranty period begins to run from the moment You take delivery of the Goods.
7.1.4 If the Goods are replaced, the warranty period begins to run again from the moment You take delivery of the new Goods.
7.1.5 Your rights arising from liability for defects of Goods to which a warranty period applies shall lapse if You do not exercise them within the warranty period. However, rights arising from liability for defects of Goods that perish quickly must be exercised no later than the day following the purchase, otherwise Your rights shall lapse.
7.2 We guarantee that, at the time of the transfer of the risk of accidental loss and accidental deterioration of the Goods under Art. 7 of the Terms, the Goods are free of defects, in particular that they:
a) have the characteristics We have agreed with You and, where these have not been expressly agreed, those We stated in the description of the Goods or those that may be expected given the nature of the Goods;
b) are fit for the purposes We have stated or for the purposes usual for Goods of this type;
c) correspond in quality or workmanship to the agreed sample, if the quality or workmanship was determined by a sample;
d) are in the appropriate quantity and weight;
e) meet the requirements imposed on them by special legislation;
f) are not encumbered by third-party rights.
7.3 Conditions for exercising rights arising from liability for defects (complaints)
7.3.1 If the Goods are delivered to You in broken or damaged packaging or the consignment is obviously too light, We ask You not to accept such Goods from the carrier and to notify Us of this fact without undue delay by telephone at 0910 945 137 or by e-mail at info@heatcooltech.sk If You discover obvious defects (e.g. mechanical damage), You are obliged to lodge a complaint without undue delay in the manner set out in point 7.4.1. below. Complaints lodged later on the grounds of obvious defects of the Goods, including a defect consisting in the incompleteness of the Goods, will not be taken into account.
7.3.2 You are obliged to exercise the right arising from liability for other defects (hidden defects) in the manner set out in point 7.4.1. below without undue delay after You have discovered the defect in the Goods, but no later than the expiry of the warranty period.
7.3.3 The warranty covers only manufacturing defects of the Goods and defects caused by mechanical damage. In particular, You cannot exercise the right arising from liability for defects in respect of defects caused by wear, mechanical damage, use of the Goods in unsuitable conditions, etc.
7.3.4 You are not entitled to exercise the right arising from liability for a defect if You knew about the defect before taking delivery of the Goods, or We drew Your attention to it, or You were granted a reasonable discount on the Price of the Goods for that reason.
7.4 Exercising rights arising from liability for damage (complaints)
7.4.1 If the Goods have a defect, i.e. in particular if any of the conditions under Art. 2 are not met, You may notify Us of such a defect and exercise rights arising from liability for defects (i.e. lodge a complaint about the Goods) by sending an e-mail or letter to Our addresses stated in Our identification details, or in person at Our premises. For the complaint, You may also use the model form provided by Us, which forms Annex No. 1 to the Terms.
7.4.2 In Your notice by which You lodge the complaint, state in particular a description of the defect of the Goods and Your identification data, including the e-mail address at which You wish to receive notification of how the complaint has been handled, and also state which of the claims arising from liability for defects specified in points 7.5.4. to 7.5.8. You are exercising.
7.4.3 When lodging a complaint, please also present proof of purchase of the Goods (the invoice) in order to prove that it was purchased from Us; otherwise We are not obliged to accept Your complaint.
7.4.4 The day on which the complaint procedure begins is deemed to be the day on which the defective Goods are delivered together with the relevant documents (under point 7.4.3). If Your submission by which You lodge the complaint is incomplete (in particular illegible, unclear, incomprehensible, does not contain
the required documents, etc.), We will request You in writing, in particular by e-mail, to supplement the complaint lodged. In this case, the complaint procedure begins on the day Your supplemented submission is delivered.
7.4.5 If You do not supplement the complaint lodged within the meaning of point 7.4.4. of this article without undue delay, but no later than 10 days from the date of delivery of Our request under point 7.4.4 of this article, We will consider Your submission unfounded.
7.5 Handling of complaints
7.5.1 Based on Your decision as to which of the rights under § 622 and § 623 of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter the “Civil Code”) (specified in points 7.5.4. to 7.5.8.) You are exercising, We will determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the date the complaint was lodged. In justified cases, in particular where a complex technical assessment of the condition of the Goods is required, no later than 30 days from the date the complaint was lodged.
7.5.2 After determining the method of handling the complaint, We will handle the complaint immediately; in justified cases We may also handle the complaint later; however, handling of the complaint may not take longer than 30 days from the date the complaint was lodged. After the time limit for handling the complaint expires, You have the right to withdraw from the Contract or the right to have the Goods replaced with new goods, if possible.
7.5.3 We are obliged to issue You with a written document on the handling of the complaint no later than 30 days from the date the complaint was lodged, and We will inform You of its handling by e-mail. If the complaint is accepted, We will send You the repaired Goods, or replace the Goods with new goods, or refund You the paid Price of the Goods, unless we agree otherwise.
7.5.4 If the defect is one that We can remedy, You have the right to have the defect remedied free of charge, in a timely and proper manner. We will remedy the defect of the Goods without undue delay.
7.5.5 Instead of having the defect remedied, You may request replacement of the Goods or, if the defect concerns only a part of the Goods, replacement of that part, provided that this does not cause Us disproportionate costs in view of the Price of the Goods or the seriousness of the defect.
7.5.6 Instead of remedying the defect of the Goods, We may always replace the defective Goods with defect-free Goods, provided this does not cause You serious inconvenience.
7.5.7 If the defect of the Goods cannot be remedied and prevents You from properly using the Goods as goods without a defect, You have the right to replacement of the Goods or the right to withdraw from the Contract. You have the same rights if the defects are remediable but You cannot properly use the Goods due to the recurrence of the defect after repair or due to a greater number of defects.
7.5.8 In the case of other irremediable defects, You have the right to a reasonable discount on the Price of the Goods.
7.5.9 We will handle the complaint by handing over the repaired Goods, replacing the Goods, refunding the Price of the Goods, paying a reasonable discount on the Price of the Goods, issuing a written request to take over the performance (the Goods), or by a justified rejection of the complaint.
7.6 The exercise of rights arising from liability for defects and complaints about Goods are governed by § 619 et seq. of the Civil Code, Act No. 250/2007 Coll. on consumer protection and on amendments to Slovak National Council Act No. 372/1990 Coll. on offences, as amended (hereinafter the “Consumer Protection Act”), and Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or an off-premises contract and on amendments to certain acts, as amended (hereinafter the “Act on Consumer Protection in Distance Selling”).
7.7 If You lodge a complaint about the Goods:
a) during the first 12 months from the purchase of the Goods, We may reject Your complaint only on the basis of an expert assessment; regardless of the result of the expert assessment, We will not require You to pay the costs of the expert assessment or any other costs related to the expert assessment. We will provide You with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date the complaint was handled;
b) after 12 months from the purchase and We have rejected such complaint, We will state in the document on the handling of the complaint to whom You may send the Goods for expert assessment. If You send the Goods for expert assessment to the designated person, We will bear the costs of the expert assessment, as well as all other related reasonably incurred costs, regardless of the result of the expert assessment. If You prove Our liability for the defect of the Goods by an expert assessment, You may lodge the complaint again; the warranty period does not run while the expert assessment is being carried out. We are obliged to reimburse You, within 14 days from the date the complaint is lodged again, all costs incurred for the expert assessment, as well as all related reasonably incurred costs. A complaint lodged again cannot be rejected.
7.8 If You are an entrepreneur, You are obliged to notify Us of and object to the defect without undue delay after You could have discovered it, but no later than 3 days from taking delivery of the Goods.
7.9 If You are a consumer, You have the right to exercise rights arising from liability for defects that occur in consumer Goods within 24 months from taking delivery of the Goods.
7.10 We have hereby duly informed You of Your rights arising from § 622 and § 623 of Act No. 40/1964 Coll., the Civil Code. By concluding the Contract, You confirm that You had the opportunity to read the conditions for complaints about the Goods.
7.11 Warranty on AUX air conditioning units
For AUX air conditioning units purchased from our company Heatcooltech s.r.o., we provide a warranty on the complete unit, provided that the installation was carried out by a certified company registered with the Refrigeration Association (https://www.szchkt.org). The warranty is 24 months from the date of purchase of the unit.
If the installation company can demonstrably prove that regular preventive maintenance has been carried out on the unit at least once a year (depending on the location and workload of the unit), the warranty is automatically extended to 48 months from the date of purchase (not installation) of the product.
When lodging a complaint, the following must be submitted:
– Proof of purchase of the unit.
– Proof of sale and subsequent professional installation of the unit, stating the serial (production) number of the unit.
– Invoice for the preventive maintenance of the units, including the serial number of the specific unit.
The submitting party is obliged to carry out diagnostics of the unit and, as a qualified technical expert, identify the problem. You then need to contact us with a request for a specific spare part or replacement of the unit.
To lodge a complaint, use the simple questionnaire at the bottom of this page or contact us by e-mail at info@heatcooltech.sk or by telephone at +421 910 945 137.
8. WITHDRAWAL FROM THE CONTRACT
8.1 Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the manner set out in this article, or in other provisions of the Terms in which the possibility of withdrawal is expressly stated.
8.2 If You are a consumer, i.e. a person purchasing Goods outside the scope of their business activity, You have the right, in accordance with § 7 of the Act on Consumer Protection in Distance Selling, to withdraw from the Contract without giving any reason within 14 days from the date of delivery of the Goods. If we have concluded a Contract whose subject is several types of Goods or the delivery of several parts of Goods, this period begins to run only from the date of delivery of the last part of the Goods, and if we have concluded a Contract under which We will supply You with Goods regularly and repeatedly, it begins to run from the date of delivery of the first supply. You may withdraw from the Contract in any demonstrable manner (in particular by sending an e-mail or letter to Our addresses stated in Our identification details). For the withdrawal, You may also use the model form provided by Us, which forms Annex No. 2
8.3 However, even as a consumer You cannot withdraw from the Contract where the subject of the Contract is:
a) the sale of Goods whose Price depends on movements in prices on the financial market which We cannot influence and which may occur during the withdrawal period;
b) the sale of alcoholic beverages whose Price was agreed at the time of conclusion of the Contract, where their delivery can take place at the earliest after 30 days and their Price depends on movements in market prices which We cannot influence;
c) the sale of Goods made to your specific requirements, made to measure for You, or Goods intended specifically for one consumer;
d) the sale of Goods that are liable to deteriorate rapidly or perish, and Goods that, after delivery, have been inseparably mixed with other items;
e) the sale of Goods sealed in protective packaging which are not suitable for return for health protection or hygiene reasons and whose protective packaging has been broken after delivery;
f) the sale of sound recordings, video recordings, audio-visual recordings or computer software sold in protective packaging, if the original packaging has been broken;
g) the sale of periodicals, with the exception of sales under a subscription agreement, and the sale of books not supplied in protective packaging;
h) the provision of electronic content, if it was not supplied on a tangible medium and was supplied with Your prior express consent before the expiry of the withdrawal period and We informed You that You do not have the right to withdraw from the contract.
8.4 The withdrawal period under Art. 2 of the Terms is deemed to have been observed if You send Us a notice that You are withdrawing from the Contract within that period.
8.5 In the event of withdrawal from the Contract, the Price will be refunded to You within 14 days from the date the withdrawal takes effect, to the account from which it was credited or to the account specified in the withdrawal from the Contract. However, the amount will not be refunded before You return the Goods to Us or prove that they have been sent back to Us. Please return the Goods to Us clean and, if possible, including the original packaging.
8.6 In the event of withdrawal from the Contract under Art. 2 of the Terms, You are obliged, within 14 days of the withdrawal, to send the Goods to Us or hand the Goods over to Us or to a person authorised by Us to take over the Goods, and You bear the costs of returning the Goods to Us. This does not apply if we agree that We will collect the Goods in person or through a person authorised by Us. The time limit is observed if the Goods were handed over for transport no later than the last day of the time limit. You, on the other hand, are entitled to have Us refund You the Shipping Price, but only in the amount corresponding to the cheapest method of delivery of the Goods that We offered for delivery of the Goods.
8.7 You are liable for damage in cases where the Goods are damaged as a result of Your handling them otherwise than is necessary with regard to their nature and characteristics. In such a case, We will invoice You for the damage caused after the Goods have been returned to Us, and the invoiced amount is payable within 14 days.
8.8 We are entitled to withdraw from the Contract due to stock being sold out, unavailability of the Goods, or if the manufacturer, importer or supplier of the Goods agreed in the Contract has discontinued production or made significant changes that have made it impossible to fulfil Our obligations under the Contract, or for reasons of force majeure, or if, despite making all efforts that can reasonably be required of Us, We are unable to deliver the Goods to You within the time limit set by these Terms. In these cases, We are obliged to inform You of this fact without undue delay and to refund You the Total Price already paid for the Goods within 14 days from the date of notification of withdrawal from the Contract. We will refund You the Total Price paid for the Goods in the same manner in which You paid the Total Price, without prejudice to the right to agree with You on a different method of refund, provided that You are not charged any additional fees in connection therewith.
8.9 We are also entitled to withdraw from the Contract if You have not taken delivery of the Goods within 5 working days from the date on which You became obliged to take delivery of the Goods.
9. SUBMISSION OF SUGGESTIONS AND COMPLAINTS
9.1 As a consumer, You are entitled to submit suggestions and complaints in writing by e-mail to: info@heatcooltech.sk
9.2 We will inform You of the assessment of the suggestion or complaint by e-mail sent to Your e-mail address.
9.3 The supervisory authority is the Slovak Trade Inspection (SOI), Inspectorate of SOI for the Trnava Region, with its seat in: Banská Bystrica, tel. no. 048/412 49 69].
9.4 If You are not satisfied with the handling of Your suggestion or complaint, You may also submit a request for an inspection electronically via the platform available on the website https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte- podnet.soi.
10. ALTERNATIVE DISPUTE RESOLUTION WITH CONSUMERS
10.1 You have the right to contact Us with a request for redress by e-mail sent to: info@heatcooltech.sk, if You are not satisfied with the manner in which We handled Your complaint or if You believe that We have violated Your rights. If We respond to Your request negatively or do not respond to it within 30 days of its sending, You have the right to submit a petition to initiate alternative dispute resolution to an alternative dispute resolution entity (hereinafter the “Entity”) pursuant to Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain acts, as amended (hereinafter the “Alternative Dispute Resolution Act”).
10.2 Entities are the bodies and authorised legal persons pursuant to § 3 of the Alternative Dispute Resolution Act, and their list is published on the website of the Ministry of Economy of the Slovak Republic. https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov- 1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.
10.3 You may submit the petition in the manner specified under § 12 of the Alternative Dispute Resolution Act.
10.4 You also have the right to initiate out-of-court dispute resolution online via the ODR platform available on the website https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297, https://ec.europa.eu/consumers/odr/main/index.cfm?
event=main.home2.show&lng=SK.
11. FINAL PROVISIONS
11.1 We will deliver all written correspondence with You by electronic mail. Our e-mail address is stated in Our identification details. We will deliver correspondence to Your e-mail address stated in the Contract, in the User Account, or from which You contacted us.
11.2 The Contract may be amended only on the basis of our written agreement. However, We are entitled to amend and supplement these Terms; such an amendment will not affect Contracts already concluded, but only Contracts concluded after the amendment takes effect. However, We will inform You of the amendment only if You have created a User Account (so that You have this information should You order new Goods; the amendment does not, however, give rise to a right of termination, since we have no concluded Contract that could be terminated), or if We are to supply You with Goods regularly and repeatedly under the Contract. We will send You information on the amendment to Your e-mail address at least 14 days before the amendment takes effect. If We do not receive from You, within 14 days of sending the information on the amendment, a notice of termination of the concluded Contract for regular and repeated supplies of Goods, the new terms become part of our Contract and will apply to the next supply of Goods following the effective date of the amendment. If You give notice of termination, the notice period is 2 months.
11.3 In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, subcontractor outages, etc.), We are not liable for damage caused as a result of or in connection with force majeure or unforeseeable events, and if this situation lasts for more than 10 days, both We and You have the right to withdraw from the Contract.
11.4 Annexed to the Terms are a model complaint form and a model form for withdrawal from the Contract.
11.5 The Contract, including the Terms, is archived by Us in electronic form but is not accessible to You. However, You will always receive these Terms and the Order confirmation with the Order summary by e-mail, and You will therefore always have access to the Contract even without Our cooperation. We recommend that You always save the Order confirmation and the Terms.
11.6 Our activities are not subject to any codes of conduct pursuant to § 3(1)(n) of the Act on Consumer Protection in Distance Selling.
11.7 These terms take effect on 18.3.2025
ANNEX NO. 1 – COMPLAINT FORM
Addressee: [TO BE COMPLETED].
Lodging a complaint
ANNEX NO. 2 – CONTRACT WITHDRAWAL FORM
Addressee: [TO BE COMPLETED].
I hereby declare that, in accordance with Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or an off-premises contract and on amendments to certain acts, as amended (hereinafter the “Act on Consumer Protection in Distance Selling”), I withdraw from the Contract:
Notice to the consumer:
Pursuant to § 10(4) of the Act on Consumer Protection in Distance Selling, the seller is entitled to require the consumer to compensate for any reduction in the value of the goods resulting from handling the goods beyond what is necessary to establish the characteristics and functioning of the goods.