Terms and Conditions

General Terms and Conditions
Part I.
General terms and conditions for consumers

1. General provisions

1.1. These General terms and conditions (hereinafter also referred to as "Terms and Conditions") govern the rights and obligations of the parties arising from the Purchase contract concluded between the Seller, which is Kammel s.r.o., Company ID: 53713419, with registered seat: Zemianske Lieskové 433, 91305 Melčice-Lieskové, entered: District Court Trenčín, Section: Sro, File: 41757/R (hereinafter referred to as the "Seller") and the Buyer - Consumer (also referred to as the "Customer"), whose object is the purchase and sale of goods on the Seller's e-shop website.

Contact details of the Seller

e mail: info@kammel.sk phone: +421 944 145 006
VAT NO : SK2121477061
Tax ID: 2121477061
Postal address: Kammel s.r.o., Zemianske Lieskové 433, 91305 Melčice-Lieskové

Account number for non-cash payments:
Bank: Fio banka, a.s.
Account no.: 2401997146
IBAN: SK1583300000002401997146 BIC (SWIFT): FIOZSKBAXXX

Supervisory authority:
SOI Inspectorate for the Trenčín Region,
Hurbanova 59, 911 01 Trenčín
Department of supervision
tel. no. 032/640 01 09
fax no. 032/640 01 08

1.2. For the purposes of this part of the Terms and Conditions, the Buyer is understood to be the Consumer.

1.3. For the purposes of these Terms and Conditions, the Consumer means a natural person who, in concluding and fulfilling the purchase contract, does not act within the scope of the business activity, employment or profession.

The Buyer as a consumer, when placing an order, shall state in particular his name, surname, postal and billing address, telephone number, and e-mail contact.

1.5. The General Terms and Conditions are an integral part of the Purchase contract. If the Seller and the Buyer enter into a written purchase contract in which they agree on conditions different from the General terms and conditions, the provisions of the Purchase contract will take precedence over the General terms and conditions.

1.6. The list of goods and items on the e-shop website operated by the Seller is a catalog of commonly delivered goods and the Seller does not guarantee the immediate availability of all listed goods and items. The availability of goods and items will be confirmed for the Buyer based on the Buyer's request.

2. Method of concluding the Purchase contract

2.1. The Purchase Agreement is concluded by the binding acceptance of the proposal for the conclusion of the Purchase contract by the Seller in the form of the Buyer's completed form, sent on the Seller's website (hereinafter as "Order"). The Seller is obliged to comply with all obligations set out in Act no. 102/2014 Coll., on Consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the Seller's premises and amending specific laws (hereinafter "Consumer Protection in the Sale of Goods") All prices for goods and services and all fees in the online store are quoted in EUR, including VAT. The condition for concluding the Purchase contract is the accurate and complete completion of all data and requirements required for implementing the Order.

2.2. Binding acceptance of the proposal will be confirmed by the Seller's employee within 48 hours of the Order being placed. Binding acceptance will be made by e-mail accepting the Order after the previous acceptance of the Order by the Buyer and after verification of the availability of goods, valid prices and delivery date of the goods requested by the Buyer marked as "order confirmation". If a higher price is found, the Seller is obliged to request the Customer's consent to change the price according to the current price list before confirming the Order. The contractual relationship is considered concluded only by granting the Customer's consent to the price change and subsequent confirmation (acceptance) of the Order by the Seller. Automatic Execution Notification of the acceptance of the Order into the electronic system of the Seller, which the Buyer receives to his e-mail address immediately after sending the Order, is not considered binding acceptance of the Order; this notice is for informational purposes only to notify the Buyer of the receipt of his Order. If necessary, all other information regarding the particular Order will be sent to the Buyer's e-mail address.

2.3. Binding acceptance of the Order contains in particular information on the name and specification of the goods, the sale of which is the subject of the Purchase contract, information on the price of goods and/or other services, information on delivery time, name and information on the place where the goods are to be delivered and information on price, conditions, method and date of transport of goods to the agreed place of delivery of goods for the Buyer, details of the Seller (business name, registered seat, Company ID, registration number in the Commercial register, etc.), or other data if necessary.

2.4. According to the amendment to Act no. 222/2004 Coll., on value-added tax, it is impossible from January 2013 to change the data in the already issued tax document (invoice). The data in the tax document (invoice) can be changed only if the Customer has not yet received the goods and has not paid.

2.5. In the case of ongoing deals, the sale of goods on the Seller's website is governed by these General terms and conditions and the binding conditions of the relevant deal. If the Buyer orders the goods in violation of the conditions of the relevant deal, the Seller is entitled to cancel the Buyer's Order. The Customer will be informed about the cancellation of the Order by e-mail and in case of payment of the purchase price or part thereof, the funds will be reimbursed within 14 days to the account specified, unless otherwise agreed with the Seller.

3. Rights and obligations of the Seller

3.1. The Seller is obliged to:
a. deliver the goods in the agreed quantity, quality and time based on the Order confirmed by the Seller to the Buyer and pack it or equip it for transport in the manner necessary for its preservation and protection,
b. ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic
c. hand over to the Buyer at the latest together with the goods in written or electronic form all documents necessary for taking over and using the goods and other documents prescribed by valid legal regulations (instructions in the Slovak language, tax document).

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

3.3. Before binding acceptance of the Order, the Seller has the right to cancel the Order if due to sale or unavailability of goods is unable to deliver the goods to the Buyer within the period specified in these General terms and conditions or the price specified in the online store, unless the Customer agrees to a replacement. The Customer will be informed by e-mail about the cancellation of the Order.

3.4. The Seller reserves the right to verify the Buyer's identity or the person authorized to collect the goods during the personal collection of goods in cases where the delivery of goods by the Buyer is paid in advance by card, bank transfer or invoice with the due date.

4. Rights and obligations of the Buyer

4.1. The Buyer is obliged to:
a. take over purchased or ordered goods
b. pay the Seller the agreed purchase price within the agreed due date, including the cost of delivery of goods,
c. not damage the business name of the Seller,
d. confirm the receipt of the goods in the delivery note with the signature or the signature of the person authorized.

4.2. The Buyer has the right to deliver the goods in quantity, quality, date and place agreed by the parties in the binding acceptance of the Order.

5. Delivery and payment terms

5.1. The goods are sold according to the issued samples, catalogs, type sheets and sample lists of the Seller placed on the website of the Seller's e-shop.

5.2. The ordered goods can be delivered to the address specified and confirmed in the Buyer's Order. We deliver the goods via the DPD and GLS transport service and the Packeta to the address chosen by the Buyer. Orders are processed in the shortest possible time (in most cases within 3 working days), the maximum delivery time is 14 days from the confirmation of the Order; in case of a longer period, the Seller will inform the Buyer immediately. If the Seller has not fulfilled the obligation to deliver the item within the agreed period, the Buyer shall invite him to deliver the item within the additional reasonable period provided. If the Seller does not deliver the item even within this additional reasonable period, the Buyer can withdraw from the Contract. The Buyer also has the right to withdraw from the Contract if not satisfied with the extended delivery time.

The delivery fee within the Slovak Republic is as follows:

DPD – 3,20 EUR

The cash on delivery fee is 1,00 EUR

PACKETA - from 2.00 EUR depending on the weight of the goods

The surcharge for cash on delivery is 0.60 EUR

GLS - from 3,10 EUR depending on the weight of the goods

Within the Slovak Republic, FREE postage on orders over 70 EUR.

The delivery fee within the Czech Republic is as follows:

PACKETA - from 3.00 EUR depending on the weight of the goods
The surcharge for cash on delivery is 0.60 EUR
Within the Czech Republic, FREE postage on orders over 70 EUR.

5.3. The Buyer is obliged to take over the goods at the place specified in the acceptance of the Buyer's Order by the Seller. If the Buyer does not take over the goods within 14 working days after the expiry of the period specified in the Purchase contract, binding acceptance without prior written withdrawal from the Contract, the Seller is entitled to compensation for damages in the amount of actual costs of attempting unsuccessful delivery. After 14 working days from the Buyer was obliged to take over the goods, the Seller is entitled to withdraw from the Purchase contract and sell the goods to a third party. If the Customer does not receive the goods upon the first delivery and requests re-delivery of the goods, is obliged to pay the costs of re-delivery of the goods.

5.4. The Seller is entitled to ask the Buyer to take over the goods before the expiry of the period agreed in the Purchase contract.

5.5. The place of delivery of goods is the place specified in the acceptance of the Order by the Seller unless the parties agree otherwise in the purchase contract.

5.6. If the Seller delivers the goods to the Buyer to the place specified in the Purchase contract by the Buyer, the Buyer is obliged to take over the goods in person or ensure that the goods are taken over by a person authorized to take over the goods specified in the Purchase contract. If it is necessary to repeat the delivery of goods due to the absence of the Buyer at the place specified in the Purchase contract, all costs incurred will be borne by the Buyer, especially the repeated delivery of goods to the location in the Purchase contract and storage fee.

5.7. The Buyer is entitled to inspect the shipment, i.e., the goods and their packaging, immediately upon delivery. If the Buyer finds that the goods or packaging of the goods are mechanically damaged, is obliged to notify the carrier of this fact and check the condition of the goods while present. If damage to the goods is found upon receipt by the Buyer, this option has the right to refuse to take over the goods immediately upon receipt and to make a record of the extent and nature of the damage to the goods (damage record), the accuracy of which will be confirmed by the carrier. Based on such a record delivered to the Seller, the Seller may, after concluding the damage record with the carrier, provide the elimination of the shortage of goods, discount on the goods and in case of irreparable defects of the goods to deliver new goods to the Buyer. Later complaints about an incomplete or damaged delivery must be notified without delay via e-mail to the address info@kammel.sk, write a damage report with the carrier and send it without undue delay to the Seller's address. Otherwise, a claim for this type of goods will only be accepted if the Buyer proves that the claimed defects were already in the goods at the time of receipt.

5.8. The Seller is not responsible for delayed delivery of goods caused by the delivery company, for delayed delivery of goods due to incorrect address of the recipient by the Buyer when completing the Order, for damage to the shipment by the delivery company for any non-delivery of the goods due to unforeseeable obstacles beyond the Seller's control.

5.9. The Buyer is entitled in case of non-delivery of goods by the Seller within the period specified in point 5.2. withdraw from the Purchase contract and the Seller is obliged to return the Buyer the part of the Purchase price already paid following point 10.8. of these General terms and conditions.

5.10. Each delivery is provided with an invoice - a tax document, which also serves as a delivery and warranty card unless a separate manufacturer's warranty card is provided with the ordered goods. The tax document is issued to the Buyer immediately on the spot in case of pick up.

5.11. Payment methods: cash on delivery, payment in advance by non-cash transfer to the Seller's account, payment in cash or by card at the Seller's premises, payment by online card or bank transfer button via the Besteron service
5.12. The Seller is a VAT payer. All prices of goods listed include VAT.

6. Purchase price

6.1. The Buyer is obliged to pay the Seller the purchase price of the goods agreed in the Purchase contract and/or according to the Seller's price list valid at the time of conclusion of the Purchase contract, including delivery costs (hereinafter as the "Purchase price") such as cash on delivery or cashless transfer to the Seller's account, online payment or in cash. All prices listed on the Seller's website are final. The price of the goods does not include the price of delivery and packaging. Any shipping and packing costs will be charged at the checkout of the Order. The Buyer pays the price for the goods as stated on the Seller's website
during order execution. Individual discounts for Buyers are the subject of a separate agreement.

6.2. If the Buyer pays the Seller the purchase price by wire transfer, the day of payment is considered the day when the entire purchase price was credited to the Seller's account.

6.3. The Buyer is obliged to pay the Seller the purchase price for the agreed goods within the period specified in the Purchase contract, but no later than when taking over the goods.

6.4. If the Buyer pays the Seller the purchase price for the goods agreed in the Purchase contract, the Buyer is entitled to withdraw from the Purchase contract and demand a refund of the purchase price only following applicable Slovak law.

6.5. All deals are valid until stocks run out unless otherwise stated for a specific product.

6.6. If the purchase price for returned or claimed goods and goods in which the Contract was withdrawn will be paid by the Buyer in the form of gift certificates, or their combination with cash, the Seller will return the purchase price to the Buyer in the same form as paid by the Buyer. However, the value of the returned gift certificates to the Buyer may not be higher than the value of the gift certificates paid by the Buyer when purchasing the goods. If the return of gift certificates for objective reasons is not possible, especially because the Seller does not have gift certificates in the required amount, the Seller will provide the Buyer with monetary compensation.

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

7.1. The goods remain the Seller's property until full payment of the purchase price by the Buyer. The goods are considered delivered by taking over the goods at the personal collection or at the time of their collection by the delivery company.

7.2. The risk of damage to the goods passes to the Buyer at the time when taking over the goods from the Seller, or if he does not do so in time, at the time when the Seller allows him to dispose of the goods and the Buyer does not take over the goods.

8. Complaints and claims procedure (liability for defects, warranty, complaints)

8.1. The Seller is responsible for defects in the goods and the Buyer is obliged to immediately file a complaint with the Seller according to the applicable complaint procedure. Information on service points for warranty and post-warranty service will be provided to the Buyer upon request by telephone or e-mail.

8.2. These Complaints and claim procedures apply to the handling of complaints.

8.3. The complaints and claim procedure applies to goods purchased by the Buyer from the Seller via the online shop on the Seller's e-shop website.

8.4. The complaint procedure in this form is valid for all situations unless other warranty conditions are contractually agreed upon.

8.5. The Buyer has the right to claim from the Seller only for goods that show defects caused by the manufacturer, supplier or Seller, are covered by the warranty and were purchased from the Seller.

8.6. The Buyer is entitled to inspect the goods upon receipt of the goods.

8.7. During the warranty period, the Customer has the right to eliminate the defect free of charge after submitting the goods, including accessories, documentation, and instructions to the authorized representative of the Seller together with the warranty card, or via the proof of payment, which also serves as a warranty.

8.8. The Seller handles complaints in writing or electronically. If the goods show defects, the Customer has the right to file a complaint at the Seller's premises following Art. § 18 par. 2 of Act no. 250/2007 Coll. on Consumer protection and the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Act") by delivering the goods, including accessories to the Seller's registered office, and filling in the complaint and claim form and the latter will deliver by post together with the claimed goods to Kammel s.r.o., Melčice-Lieskové 433, 913 05 Melčice-Lieskové or the form for making a complaint will be delivered electronically. When making a complaint, the Buyer is obliged to submit a warranty card (if issued), proof of purchase of goods (or payment of the purchase price) if it serves as a warranty certificate. The Seller will determine the content of the form and its sample will be placed on the Seller's website. The Buyer is obliged to indicate exactly the type and extent of defects of the goods in the form. The Seller does not accept the goods sent on delivery. The Seller recommends that the Buyer insure the claimed goods. The complaint procedure for goods that can be objectively delivered to the Seller begins on the day when all of the following conditions are met:
1. delivery of the completed complaints and claim form from the Buyer to the Seller,
2. delivery of the claimed goods, including accessories from the Buyer to the Seller,
3. delivery of access codes, passwords, etc., to the goods from the Buyer to the Seller if the Buyer received them.

Complaints procedure for goods that cannot be objectively delivered to the Seller and which is permanently installed begins on the day when all the following conditions are met:
1. delivery of the completed form for the complaint from the Buyer to the Seller,
2. inspection of the claimed goods by a third person appointed by the Seller, issuing written confirmation of the inspection to the Buyer,
3. delivery of access codes, passwords, etc., to the goods from the Buyer to the Seller if the Buyer received them.

The complaint form can be downloaded here (click here to view the complaint and claim form). The beginning of the complaint procedure is also the day of the complaint. The claimed goods must be delivered to the address Kammel s.r.o., Melčice-Lieskové 433, 913 05 Melčice-Lieskové unless the Seller or an appointed person specifies otherwise (e.g., to deliver the goods directly to the appointed person). In case of any issues, please contact the Seller directly at +421 904 489 334, or send an e-mail to info@kammel.sk.

8.9. The Seller is obliged to accept the complaint in any of its establishments in which it is possible to accept the complaint, i.e., at its registered office or an appointed person following Art. § 18 par. 2 of the Act.

8.10. At the place designated following point 8.9 of these General Terms and Conditions for the receipt of complaints, the Seller is obliged to ensure the presence of a person authorized to handle complaints following Art. § 18 par. 3 of the Act.

8.11. The Buyer is obliged to complain about the defects of the goods to the Seller without undue delay; otherwise, the Buyer loses the right to the Seller to eliminate the defect free of charge.

8.12. The Seller or a designated person will issue the Buyer a confirmation of the claim for the goods in a proper form chosen by the Seller, e.g., in the form of an e-mail or writing, in which is obliged to indicate the defects of the goods following Art accurately. § 18 par. 5 of the Act and inform the Consumer about his rights arising from para. § 622 and par. § 623 of the Civil Code. If the complaint is made utilizing long-distance communication, the Seller is obliged to deliver the confirmation of the complaint to the Buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than with the proof of the complaint; The confirmation of the claim need not be delivered if the Buyer has the opportunity to prove the claim in another way.

8.13. Based on the Buyer's decision, which is based on his rights following Art. § 622 and par. § 623 of the Civil Code are applied, the Seller or designated person is obliged to determine the method of handling complaints under Art. § 2 letter m) of the Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than within 30 days from the day of the complaint procedure. After determining the method of handling the complaint, the Seller or the appointed person will handle the complaint immediately; in justified cases, the complaint can be resolved later. However, the settlement of the complaint may not take longer than 30 days from the date of the complaint. After the expiration of the period for handling the complaint, the Consumer has the right to withdraw from the Contract or has the right to exchange the goods for new goods. The Seller informs the Buyer about the end of the complaint procedure and the result of the complaint in the form agreed between both contracting parties (by e-mail and registered letter) and at the same time, the Buyer will receive a complaint protocol together with the goods. If the Buyer has lodged a claim for the goods within the first 12 months of concluding the Purchase contract, the Seller may settle the claim only based on an expert opinion or opinion issued by an authorized, notified or accredited person or a designated person (hereinafter "expert assessment of the goods"). Irrespective of the professional assessment result, the Seller may not require the Buyer to reimburse the costs of the professional assessment of the goods or other costs related to the professional assessment of the goods. If the Buyer has made a product complaint after 12 months from the conclusion of the Purchase contract and the Seller has rejected it, the person who handled the complaint is obliged to state in the complaint handling form to whom the Buyer can send the goods for a professional assessment. If the Buyer sends the goods for a professional assessment to the assigned person specified in the document on the handling of the complaint, the costs of professional assessment of the goods, as well as all other related expediently incurred costs, shall be borne by the Seller regardless of the result of professional assessment. If the Buyer proves by professional assessment the Seller's responsibility for the claimed defect of the goods, one can file a complaint again; the warranty period does not expire during the professional assessment of the goods. The Seller is obliged to reimburse the Buyer within 14 days from the date of the re-submitted complaint all costs incurred for the professional assessment of the goods and all related purposefully incurred costs. A re-submitted claim cannot be rejected.

8.14. The warranty does not cover defects of which the Seller notified the Buyer at the time of concluding the Contract or of which, regarding the circumstances under which the purchase contract was concluded, the Buyer must have known.

8.15. Instead of eliminating the defect, the Seller can always replace the defective item with a new one if this does not cause severe issues for the Buyer.

8.16. The right to a free warranty repair does not apply and expires in cases such as:
1. failure to present a warranty certificate, equipment, documentation of goods or proof of payment if it serves as a warranty certificate
2. failure to report obvious defects in taking over the goods,
3. expiration of the warranty period of the goods,
4. mechanical damage to the goods caused by the Buyer,
5. using or storing the goods in conditions which do not correspond to the humidity, chemical and mechanical influences of the natural environment,
6. improper handling, servicing or neglect of care of the goods,
7. damage to the goods by excessive loading or use in violation of the conditions specified in the documentation, general principles, technical standards or safety regulations in force in the Slovak Republic,
8. damage to the goods by unavoidable and/or unforeseeable events,
9. damage to the goods by accidental destruction and accidental deterioration,
10. unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other force majeure,
11. tampering with the goods by an unauthorized person.

8.17. The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
1. by handing over the repaired goods,
2. exchange of goods,
3. return of the purchase price of the goods,
4. by paying a reasonable discount on the price of the goods,
5. a written request to take over the repaired goods specified by the Seller,
6. reasoned rejection of the goods claim.

8.18. The Seller is obliged to issue a written document to the Buyer about the method of determining the method of handling the complaint and the handling of the complaint no later than 30 days from the date of the complaint through the postal or courier or delivery service provider or via e-mail.

8.19. The warranty period is 24 months (unless a different warranty period is specified for specific cases) and starts from the date of receipt of the goods by the Buyer. If there is a period for the goods, their packaging or instructions following other legal regulations, the warranty period ends at the end of this period. Defective goods and claims arising from defective goods must be applied by the end of the warranty period. At the end of the warranty period, the right to file a complaint expires.

8.20. The warranty period is extended by the time during which the Buyer could not use the goods due to warranty repair of the goods.

8.21. In the case of an exchange of goods for a new one, the Buyer will receive a document stating the exchanged goods, and any further complaints will be made based on the original delivery note and this complaint form. In the exchange of goods for new goods, the warranty period begins to start again from the receipt of new goods, but only for new goods.

8.22. All warranty repairs are free of charge if the right to claim the warranty according to clause 8.16 of these General terms and conditions has not expired by the time of their application.

8.23. Concerning the remediable defect, the complaint will be settled depending on the Buyer's decision according to point 8.13. of these Complaint and General terms and conditions as follows:
1. the Seller ensures that the defect is remedied, or
2. the Seller replaces the defective goods.

8.24. In the case of a defect which cannot be rectified, or one recurring rectifiable defect, or several different rectifiable defects, and which prevent the goods from being correctly used as without defect, the Seller shall, at the Buyer's discretion following paragraph 8.13 of these Complaint and General terms and conditions, the complaint should be settled as follows:
1. by exchanging goods for other, functional, of the same or better technical parameters, or
2. if the Seller cannot exchange the goods for another, the Seller will handle the complaint by issuing a credit note for the defective goods.

8.25. Complaint handling only applies to defects listed in the complaint form.

8.26. For a complaint, the occurrence of one remediable defect more than twice is considered to be a recurring remediable defect.

8.27. For the complaint, the occurrence of more than three different remediable defects simultaneously is considered to be a more significant number of different remediable defects.

8.28. For the complaint, the period during which the Buyer cannot use the goods properly due to the defects of the goods after the conclusion of the Purchase contract is considered to be a period that totals more than 180 days.

8.29. The right of the Buyer to file a claim for a defect in the goods is after the Buyer has exercised his right and asked the Seller to eliminate the defect of the goods according to point 8.8. of these Complaint and General terms and conditions, used it thoroughly and regardless of the result of the complaint, is no longer entitled to file a complaint repeatedly for the same unique defect (not a defect of the same kind).

8.30. If the Seller terminates the complaint procedure as a reasoned rejection of the complaint, but the product defect objectively exists and has not been eliminated, the Buyer can exercise his right to rectify the defect of the goods through the court.

9. Personal data and its protection

9.1. The Seller has taken appropriate technical, organizational and personnel measures corresponding to the way personal data is processed, considering, in particular, the appropriate technical means, confidentiality and importance of the processed personal data, as well as the extent of possible risks which are capable of disrupting the security or functionality of its information systems following Act no. 18/2018 Coll. on the protection of personal data. The Buyer agrees to process personal data following these rules (clicking here will see the Privacy Policy).

10. Withdrawal from the Purchase contract, the impossibility of withdrawal from the Purchase contract

10.1. The Seller is entitled to withdraw from the Purchase contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer or supplier of goods agreed in the Purchase contract interrupted production or made such significant changes that prevented the fulfillment of the Seller's obligations under the Purchase contract or force majeure or if, even with all reasonable efforts to be required, is unable to deliver the goods to the Customer within the period specified in these terms and conditions or at a price indicated in the online store. The Seller is obliged to immediately inform the Buyer of this fact and return the deposit already paid for the goods agreed in the Purchase contract within 14 days of notification of withdrawal in the same way as used by the Buyer in the payment. This does not affect the right of the Buyer to agree with the Seller on another method of payment if no additional fees are charged to the Buyer. The Seller is entitled to withdraw from the Purchase contract even if the Buyer did not take over the goods within 14 working days from when the Buyer was obliged to take over the goods.

10.2. The Buyer has the right to withdraw from the Purchase contract without giving a reason under the conditions set out in the Consumer Protection Act when selling the goods, within 14 days from the date of receipt of the goods. The Buyer has the right to unpack and test the goods within this period like the usual purchase in a regular "brick and mortar" store. However, testing does not mean using the goods and returning them to the Seller. The goods are considered to have been taken over by the Buyer at the moment when the Buyer or a third party designated, except for the carrier, takes over all parts of the ordered goods, or if the goods ordered by the Buyer in one Order are delivered separately in the moment of taking over the goods which were delivered as last, or if the goods consisting of several parts or pieces are delivered, the moment of taking over the last part or the last piece, or if the goods are delivered repeatedly during a specified period, the moment of taking over the first delivered goods.

10.3. By sending the Order to the Seller, the Buyer confirms that the Seller has timely and properly fulfilled its information obligations under Art. § 3 par. 1 of the Act on Consumer Protection in the Sale of Goods.

10.4. The Buyer may exercise the right of withdrawal from the Contract in writing or the form of a record on another durable medium or utilizing a withdrawal form sent to Kammel s.r.o., Melčice-Lieskové 433, 91305 Melčice-Lieskové. The withdrawal form can be downloaded here (click here to view the withdrawal form).

10.5. Withdrawal from the Purchase contract via the withdrawal form according to the previous point of these General terms and conditions must contain the data required in it, in particular the exact specification of the goods, order date, name (s) of the consumer (s), address of the Consumer (s), the signature of the Consumer (s), how the Seller is to return the Act already received, in particular, the account number and/or postal address, the date. By withdrawing from the Purchase contract, the Buyer is obliged to deliver the goods to the Seller together with accessories, including documentation, instructions, warranty card, proof of purchase, proof of payment (if it serves as a warranty card), etc. by sending or delivering to the address of the Seller Kammel s.r.o., Melčice-Lieskové 433, 91305 Melčice-Lieskové. The goods must be returned in their original undamaged packaging; the goods must not be used and must not be damaged. We recommend insuring the goods. The Seller does not accept cash on delivery.

10.6. If the Buyer withdraws from the Contract, any annex contract related to the Contract from which the Buyer withdrew is also canceled from the beginning.

10.7. The Buyer may withdraw from the Contract, the subject of which is the delivery of goods, even before the beginning of the period for withdrawal from the Contract. The withdrawal period is maintained if the Buyer sends a notice of exercise of the right of withdrawal before the withdrawal period expires.

10.8. Upon withdrawal from the Contract, the Seller will return to the Buyer all payments that the Buyer has demonstrably made in connection with the conclusion of the Contract, in particular the purchase price, including the cost of delivery of goods or will proceed following point 6.7. of these General terms and conditions by sending a gift certificate to the Buyer's address. However, the Seller is not obliged to reimburse the Buyer for additional costs if the Buyer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller. Additional costs are the difference between the delivery costs chosen by the Buyer and the costs of the cheapest standard delivery method offered by the Seller. Payments will be returned to the Buyer within 14 days from the date on which the Seller receives the Buyer's notice of withdrawal from the Purchase contract. Payment will be made in the same way as the Buyer used for his payment. This does not affect the Buyer's right to agree with the Seller on another payment method if no additional fees are charged to the Buyer. Instead of a refund, the Buyer can choose another product according to the agreement with the Seller.

10.9. The Seller is not obliged to return the Buyer all payments according to point 10.8. of these General terms and conditions before the goods are delivered from the Buyer or until the Buyer proves that the goods are returned to the Seller. Payment for the purchased goods will therefore be paid by the Seller to the Buyer only after delivery of the returned goods back to the address specified in point 10.4. of these General Terms and Conditions or upon presentation of a document proving the return of the goods, whichever occurs first.

10.10. If the Buyer withdraws from the Contract following point 10.2. of these General terms and conditions and delivers to the Seller goods that are used and damaged or incomplete or the value of the goods is reduced due to such treatment of the goods beyond the treatment necessary to determine the properties and functionality of the goods, the Seller is entitled to compensation against the Buyer damage in the amount of the value of repair of goods and restoration of goods to their original condition or the Seller has the right to demand from the consumer reimbursement of the reduction in the value of the goods.

10.11. The Buyer is obliged to send back or hand over the goods together with the equipment, including documentation, instructions, warranty card, proof of payment (if it serves as a warranty card), etc., no later than 14 days from the date of withdrawal from the Contract.

10.12. Upon withdrawal from the Contract, the Buyer bears the direct cost of returning the goods to the Seller or the person authorized by the Seller to take over the goods. The direct costs associated with returning the goods cannot be adequately calculated in advance. According to the available information, an estimate of these costs is expected depending on the size, weight of the goods, the distance from which the goods are returned and the prices at which the carrier selected by the Buyer provides its services in the amount of 2 EUR to 30 EUR.

10.13. If the Buyer fails to meet any of the obligations set out in points 10.4. and 10.5. of these General terms and conditions, withdrawal from the purchase contract is not valid and effective and the Seller is not obliged to return all provable payments under point 10.8. of these General terms and conditions to the Buyer and is also entitled to reimbursement of costs associated with sending the goods back to the Buyer.

10.14. The Buyer cannot withdraw from the Contract of which the subject is as follows:

- the sale of goods or the provision of services, the price of which depends on price movements in the financial market which the Seller cannot influence and which may occur during the withdrawal period,
- the sale of goods made to the Consumer's specific requirements, custom-made goods or goods explicitly intended for a single consumer,
- the sale of goods which are subject to rapid deterioration or quality change,
- the sale of goods enclosed in protective packaging which cannot be returned for health or hygienic reasons and whose protective packaging has been broken after delivery,
- the sale of goods which, by their nature, may be inextricably mixed with other goods after delivery.

10.15. When issuing a credit note, the Buyer may be required to inspect a valid ID card to protect the Buyer's property rights and proof. By presenting an identity card for inspection, the Buyer agrees to process personal data following Act. no. 18/2018 Coll. on the protection of personal data, as amended by the later legal regulations listed on the identity card, for the period of inspection.

10.16. The Buyer is entitled to cancel the Order without giving a reason no later than 48 hours from sending by sending an e-mail or by phone.. We will send you an e-mail about the receipt of the cancellation. The Seller reserves the right to cancel the Order or part thereof if it is not possible to deliver the goods within the required time for technical reasons, the goods are no longer deliverable or manufactured, or the price of the goods has changed significantly on the part of the supplier (manufacturer). If this situation occurs, the Seller will immediately contact the Buyer to agree on further action. If the Buyer has paid in advance, it will be transferred back to his account or address within 14 working days.

11. Alternative Dispute Resolution

11.1. The Buyer - the Consumer is entitled to turn to the Seller with the request of correction if not satisfied with how the Seller handled his complaint or if he believes that the Seller has violated his rights. If the Seller responds to such a request in a rejective way or does not respond within 30 days from the date of its delivery, the Buyer-Consumer has the right to file a motion to initiate the ADR process at the ADR entity. The subjects of alternative dispute resolution are bodies and authorized legal entities following § 3 of Act no. 391/2015 Coll. on alternative dispute resolution for consumer disputes, e.g., Slovak Trade Inspection, where the Buyer - Consumer is entitled to choose the subject of alternative resolution of consumer disputes to which he addresses his concern. E-mail contact at info@kammel.sk. The Buyer - Consumer proceeds following § 12 of Act no. 391/2015 Coll. on alternative dispute resolution for consumer disputes. Alternative dispute resolution can resolve the dispute between the Buyer - Consumer and Seller, arising from the consumer contract or related to the consumer contract. The value of the dispute, which is settled by alternative dispute resolution, must exceed the amount of 20 EUR. The ADR entity may charge the Buyer-Consumer an ADR fee of up to 5 EUR, including value-added tax, at the same time as the ADR notice is sent.

11.2. Buyers-consumers are entitled to use the online dispute resolution platform (further as "RSO") to resolve their disputes in the language of their choice. Buyer-consumer can use the RSO platform, which is available on the website http://ec.europa.eu/consumers/odr/. to alternatively resolve their dispute. The Buyer-Consumer shall complete the electronic complaint form when submitting the submission to the RSO platform. The submitted form must be sufficient to identify the relevant ADR entity online The Buyer-Consumer may attach documents supporting his complaint.

12. Final provisions

12.1. The Seller undertakes to the Buyer that the price for the goods at the time of the Order will not change for sending the goods within the agreed delivery time. The Seller is not responsible to the Buyer for the delayed delivery of goods due to the incorrect address of the Buyer.

12.2. If the Purchase contract is concluded in writing, any change must be in writing.

12.3. In case of doubt, the Contracting parties agree that the period of use is considered the time from delivery of the goods to the Buyer (including the date of delivery) according to point 5.8. of these General terms and conditions until the date of return of the goods to the Seller, or by handing over the goods to the courier to deliver it to the Seller.

12.4. The contracting parties have agreed that communication will occur mainly in e-mail messages or by letter.

12.5. The relevant provisions of the Civil Code, Act no. 22/2004 Coll. on electronic commerce and the amendment of Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on the amendment of specific laws as amended by Act no. 284/2002 Coll. as amended, Act No. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, Act no. 122/2013 Coll. on personal data protection and Act no. 102/2014 Coll. about the protection of the Consumer in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the premises of the Seller and on the amendment of specific laws.

 

Part II.
General terms and conditions for non-consumers

1. General provisions

1.1. These General terms and conditions (hereinafter also referred to as "Terms and Conditions") govern the rights and obligations of the parties arising from the Purchase contract concluded between the Seller, which is Kammel s.r.o., Company ID: 53713419, with registered seat: Zemianske Lieskové 433, 91305 Melčice-Lieskové, entered: District Court Trenčín, Section: Sro, File: 41757/R (hereinafter referred to as the "Seller") and the Buyer – non-consumer whose object is the purchase and sale of goods on the Seller's e-shop website.

1.2.

Contact details of the Seller

e mail: info@kammel.sk phone: +421 944 145 006
VAT NO : SK2121477061
Tax ID: 2121477061
Postal address: Kammel s.r.o., Zemianske Lieskové 433, 91305 Melčice-Lieskové

Account number for non-cash payments:
Bank: Fio banka, a.s.
Account no.: 2401997146
IBAN: SK1583300000002401997146 BIC (SWIFT): FIOZSKBAXXX

1.3. In the sense of this part of the General Terms and Conditions, the Buyer means the entrepreneur or non-consumers (hereinafter also referred to as "Entrepreneurs").

1.4. Entrepreneur for these General Terms and conditions means a person registered in the Commercial Register; a person who conducts business based on a trade license; a person who conducts business based on a license other than a trade license following special regulations; a natural person who carries out agricultural production and is registered following a special regulation.

1.5. When placing an order, the Buyer shall state in particular the business name, registered office (place of business), Company ID, VAT number, invoicing data, telephone number, e-mail contact of the person acting on behalf of the entrepreneur.

1.6. The Buyer - Entrepreneur acknowledges the warranty's conditions and the complaint procedure itself set out in these General Terms and Conditions Part II. may be different from the General Terms and Conditions Part I. for consumers.

1.7. The Parties agree that by sending the Order to the Seller, the Buyer confirms that he agrees that these General terms and conditions and their terms and conditions will apply to all Purchase contracts concluded on any e-commerce website operated by the Seller, under which the Seller delivers the goods presented on the website in question to the Buyer (hereinafter referred to as the "Purchase contract") and to all relations between the Seller and the Buyer, arising in particular when concluding the Purchase contract and claiming the goods.

1.8. The General Terms and Conditions are an integral part of the Purchase contract. If the Seller and the Buyer enter into a written purchase contract in which they agree on conditions different from the General terms and conditions, the provisions of the Purchase contract will take precedence over the General terms and conditions.

1.9. The legal relations between the Seller and the Buyer, which is an entrepreneur, not expressly regulated by these General terms and conditions or the framework contract between the Seller and the Buyer are subject to the relevant provisions of the Commercial Code.

1.10. The list of goods and items on the e-shop website operated by the Seller is a catalog of commonly delivered goods and the Seller does not guarantee the immediate availability of all listed goods and items. The availability of goods and items will be confirmed for the Buyer based on the Buyer's request.

2. Method of concluding a Purchase contract with an Entrepreneur

2.1. The Purchase Contract is concluded by the binding acceptance of the proposal for concluding the Purchase Contract of the Buyer by the Seller in the form of the Buyer's completed and sent form on the Seller's website (hereinafter as "Order"). The Seller is obliged to comply with all obligations set out in Act No. 102/2014 Coll., on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the Seller's premises and amending specific laws (hereinafter as "Consumer Protection in the Sale of Goods"). All prices for goods and services and all fees in the online store are listed in EUR, including VAT. The condition for concluding the Purchase contract is the accurate and complete completion of all data and requirements required for implementing the Order.

2.2. Binding acceptance of the proposal will be confirmed by the Seller's employee within 48 hours of the Order being placed. Binding acceptance will be made by e-mail accepting the Order after the previous acceptance of the Order by the Buyer and after verification of the availability of goods, valid prices and delivery date of the goods requested by the Buyer marked as "order confirmation". If a higher price is found, the Seller is obliged to request the Customer's consent to change the price according to the current price list before confirming the Order. The contractual relationship is considered concluded only by granting the Customer's consent to the price change and subsequent confirmation (acceptance) of the Order by the Seller. Automatic Execution Notification of the acceptance of the Order into the electronic system of the Seller, which the Buyer receives to his e-mail address immediately after sending the Order, is not considered binding acceptance of the Order; this notice is for informational purposes only to notify the Buyer of the receipt of his Order. If necessary, all other information regarding the particular Order will be sent to the Buyer's e-mail address.

2.3. Binding acceptance of the Order contains in particular information on the name and specification of the goods, the sale of which is the subject of the Purchase contract, information on the price of goods and/or other services, information on delivery time, name and information on the place where the goods are to be delivered and information on price, conditions, method and date of transport of goods to the agreed place of delivery of goods for the Buyer, details of the Seller (business name, registered seat, Company ID, registration number in the Commercial register, etc.), or other data if necessary.

2.4. According to the amendment to Act no. 222/2004 Coll., on value-added tax, it is impossible from January 2013 to change the data in the already issued tax document (invoice). The data in the tax document (invoice) can be changed only if the Customer has not yet received the goods and has not paid.

2.5. In the case of ongoing deals, the sale of goods on the Seller's website is governed by these General terms and conditions and the binding conditions of the relevant deal. If the Buyer orders the goods in violation of the conditions of the relevant deal, the Seller is entitled to cancel the Buyer's Order. The Customer will be informed about the cancellation of the Order by e-mail and in case of payment of the purchase price or part thereof, the funds will be reimbursed within 14 days to the account specified, unless otherwise agreed with the Seller.

3. Rights and obligations of the Seller

3.1. The Seller is obliged to:
a. deliver the goods in the agreed quantity, quality and time based on the Order confirmed by the Seller to the Buyer and pack it or equip it for transport in the manner necessary for its preservation and protection,
b. ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic
c. hand over to the Buyer at the latest together with the goods in written or electronic form all documents necessary for taking over and using the goods and other documents prescribed by valid legal regulations (instructions in the Slovak language, tax document).

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

3.3. Before binding acceptance of the Order, the Seller has the right to cancel the Order if due to sale or unavailability of goods is unable to deliver the goods to the Buyer within the period specified in these General terms and conditions or the price specified in the online store, unless the Customer agrees to a replacement. The Customer will be informed by e-mail about the cancellation of the Order.

3.4. The Seller reserves the right to verify the Buyer's identity or the person authorized to collect the goods during the personal collection of goods in cases where the delivery of goods by the Buyer is paid in advance by card, bank transfer or invoice with the particular due date.

4. Rights and obligations of the Buyer

4.1. The Buyer is obliged to:
a. take over purchased or ordered goods
b. pay the Seller the agreed purchase price within the agreed due date, including the cost of delivery of goods,
c. not damage the business name of the Seller,
d. confirm the receipt of the goods in the delivery note with the signature or the signature of the person authorized.

4.2. The Buyer has the right to deliver the goods in quantity, quality, date and place agreed by the parties in the binding acceptance of the Order.

5. Delivery and payment conditions for Entrepreneurs

5.1. The goods are sold according to the issued samples, catalogs, type sheets and sample lists of the Seller placed on the website of the Seller's e-shop.

5.2. The ordered goods can be delivered to the address specified and confirmed in the Buyer's Order. We deliver the goods via the DPD transport service and the Zásielkovňa to the address chosen by the Buyer. Orders are processed in the shortest possible time (in most cases within 3 working days), the maximum delivery time is 14 days from the confirmation of the Order; in case of a more extended period, the Seller will inform the Buyer immediately. If the Seller has not fulfilled the obligation to deliver the item within the agreed period, the Buyer shall invite him to deliver the item within the additional reasonable period provided. If the Seller does not deliver the item even within this additional reasonable period, the Buyer can withdraw from the Contract. The Buyer also has the right to withdraw from the Contract if not satisfied with the extended delivery time.

5.3. The Buyer is obliged to take over the goods at the place specified in the acceptance of the Buyer's Order by the Seller. If the Buyer does not take over the goods within 14 working days after the expiry of the period specified in the purchase contract, binding acceptance without prior written withdrawal from the Contract, the Seller is entitled to compensation for damages in the amount of actual costs of attempting unsuccessful delivery. After 14 working days from the Buyer was obliged to take over the goods, the Seller can withdraw from the purchase contract and sell the goods to a third party. If the Customer does not receive the goods upon the first delivery and requests re-delivery of the goods, he is obliged to pay the costs of re-delivery of the goods

5.4. The Seller is entitled to ask the Buyer to take over the goods before the expiry of the period agreed in the Purchase contract.

5.5. The display of the goods on any e-commerce website operated by the Seller is for illustrative purposes only. The display of color shades depends, among other things, on the quality of the monitor used or other equipment used by the Buyer.

5.6. The place of delivery of goods is the place specified in the acceptance of the Order by the Seller unless the parties agree otherwise in the Purchase contract.

5.7. The Buyer is entitled to inspect the shipment, i.e., the goods and their packaging, immediately upon delivery. If the Buyer finds that the goods or packaging of the goods are mechanically damaged, is obliged to notify the carrier of this fact and check the condition of the goods while present. If damage to the goods is found upon receipt by the Buyer, this option has the right to refuse to take over the goods immediately upon receipt and to make a record of the extent and nature of the damage to the goods (damage record), the accuracy of which will be confirmed by the carrier. Based on such a record delivered to the Seller, the Seller may, after concluding the damage record with the carrier, provide the elimination of the shortage of goods, discount on the goods and in case of irreparable defects of the goods to deliver new goods to the Buyer. Later complaints about an incomplete or damaged delivery must be notified without delay via e-mail to the address info@kammel.sk, write a damage report with the carrier and send it without undue delay to the Seller's address. Otherwise, a claim for this type of goods will only be accepted if the Buyer proves that the claimed defects were already in the goods at the time of receipt.

5.8. The Seller is not responsible for delayed delivery of goods caused by the delivery company, for delayed delivery of goods due to incorrect address of the recipient by the Buyer when completing the Order, for damage to the shipment by the delivery company for any non-delivery of the goods due to unforeseeable obstacles beyond the Seller's control.

5.9. The Buyer is obliged to check the shipment immediately upon delivery, i.e., the goods and their packaging. If the Buyer finds that the goods or packaging of the goods are mechanically damaged, is obliged to notify the carrier of this fact and check the condition of the goods in his presence. In the event of damage to the goods upon receipt by the Buyer, he is obliged to refuse to take over the goods immediately upon receipt of the goods and make a record of the extent and nature of damage to the goods (damage record), the accuracy of which is confirmed by the carrier. Based on such a record delivered to the Seller, the Seller may, after concluding the damage event with the carrier, provide the elimination of the shortage of goods, discount on the goods and in case of irreparable defects of the goods to deliver new goods to the Buyer.

5.10. Each delivery is provided with an invoice - a tax document, which also serves as a delivery and warranty card unless a separate manufacturer's warranty card is provided with the ordered goods. The tax document is issued to the Buyer immediately on the spot in case of pick up.

5.11. Payment methods: cash on delivery, payment in advance by non-cash transfer to the Seller's account, payment in cash or by card at the Seller's premises, payment by online card or bank transfer button via the Besteron service.

5.12. The Seller is a VAT payer. All prices of goods listed include VAT.

6. Purchase price

6.1. The Buyer is obliged to pay the Seller the purchase price of the goods agreed in the Purchase contract and/or according to the Seller's price list valid at the time of conclusion of the Purchase contract, including delivery costs (hereinafter as the "Purchase price") such as cash on delivery or cashless transfer to the Seller's account, online payment or in cash. All prices listed on the Seller's website are final. The price of the goods does not include the price of delivery and packaging. Any shipping and packing costs will be charged at the checkout of the Order. The Buyer pays the price for the goods as stated on the Seller's website
during order execution. Individual discounts for Buyers are the subject of a separate agreement.

6.2. If the Buyer pays the Seller the purchase price by wire transfer, the day of payment is considered the day when the entire purchase price was credited to the Seller's account.

6.3. The Buyer is obliged to pay the Seller the purchase price for the agreed goods within the period specified in the Purchase contract, but no later than when taking over the goods.

6.4. If the Buyer pays the Seller the purchase price for the goods agreed in the Purchase contract, the Buyer is entitled to withdraw from the Purchase contract and demand a refund of the purchase price only following applicable Slovak law.

6.5. All deals are valid until stocks run out unless otherwise stated for a specific product.

6.6. If the purchase price for returned or claimed goods and goods in which the Contract was withdrawn will be paid by the Buyer in the form of gift certificates, or their combination with cash, the Seller will return the purchase price to the Buyer in the same form as paid by the Buyer. However, the value of the returned gift certificates to the Buyer may not be higher than the value of the gift certificates paid by the Buyer when purchasing the goods. If the return of gift certificates for objective reasons is not possible, especially because the Seller does not have gift certificates in the required amount, the Seller will provide the Buyer with monetary compensation.

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

7.1. The goods remain the Seller's property until full payment of the purchase price by the Buyer. The goods are considered delivered by taking over the goods at the personal collection or at the time of their collection by the delivery company.

7.2. The risk of damage to the goods passes to the Buyer at the time when taking over the goods from the Seller, or if he does not do so in time, at the time when the Seller allows him to dispose of the goods and the Buyer does not take over the goods.

8. Complaints and claims procedure (liability for defects, warranty, complaints) for Entrepreneurs

8.1. The Seller is responsible for defects in the goods and the Buyer is obliged to immediately file a complaint with the Seller according to the applicable complaint procedure. Information on service points for warranty and post-warranty service will be provided to the Buyer upon request by telephone or e-mail.

8.2. These Complaints and claim procedures apply to the handling of complaints.

8.3. The complaints and claim procedure applies to goods purchased by the Buyer from the Seller via the online shop on the Seller's e-shop website.

8.4. The complaint procedure in this form is valid for all situations unless other warranty conditions are contractually agreed upon.

8.5. The Buyer has the right to claim from the Seller only for goods that show defects caused by the manufacturer, supplier or Seller, are covered by the warranty and were purchased from the Seller.

8.6. The Buyer is obliged to inspect the goods upon receipt of the goods. If he fails to do so, he may claim from the defects found during the inspection only if he proves that the goods already had these errors at the time of taking over the goods.

8.7. During the warranty period, the Customer has the right to eliminate the defect free of charge after submitting the goods, including accessories, documentation, and instructions to the authorized representative of the Seller together with the warranty card, or via the proof of payment, which also serves as a warranty.

8.8. The Seller handles complaints in writing or electronically. If the goods show defects, the Customer has the right to file a complaint at the Seller's premises following Art. § 18 par. 2 of Act no. 250/2007 Coll. on Consumer protection and the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Act") by delivering the goods, including accessories to the Seller's registered office, and filling in the complaint and claim form and the latter will deliver by post together with the claimed goods to Kammel s.r.o., Melčice-Lieskové 433, 913 05 Melčice-Lieskové or the form for making a complaint will be delivered electronically. When making a complaint, the Buyer is obliged to submit a warranty card (if issued), proof of purchase of goods (or payment of the purchase price) if it serves as a warranty certificate. The Seller will determine the content of the form and its sample will be placed on the Seller's website. The Buyer is obliged to indicate exactly the type and extent of defects of the goods in the form. The Seller does not accept the goods sent on delivery. The Seller recommends that the Buyer insure the claimed goods. The complaint procedure for goods that can be objectively delivered to the Seller begins on the day when all of the following conditions are met:
1. delivery of the completed complaints and claim form from the Buyer to the Seller,
2. delivery of the claimed goods, including accessories from the Buyer to the Seller,
3. delivery of access codes, passwords, etc., to the goods from the Buyer to the Seller if the Buyer received them.

Complaints procedure for goods that cannot be objectively delivered to the Seller and which is permanently installed begins on the day when all the following conditions are met:
1. delivery of the completed form for the complaint from the Buyer to the Seller,
2. inspection of the claimed goods by a third person appointed by the Seller, issuing written confirmation of the inspection to the Buyer,
3. delivery of access codes, passwords, etc., to the goods from the Buyer to the Seller if the Buyer received them.

The complaint form can be downloaded here (click here to view the complaint and claim form). The beginning of the complaint procedure is also the day of the complaint. The claimed goods must be delivered to the address Kammel s.r.o., Melčice-Lieskové 433, 913 05 Melčice-Lieskové unless the Seller or an appointed person specifies otherwise (e.g., to deliver the goods directly to the appointed person). In case of any issues, please contact the Seller directly at +421 904 489 334, or send an e-mail to info@kammel.sk.

8.9. 30 days following the Consumer Protection Act does not apply to handling a complaint by a Buyer who is an entrepreneur. The deadline for handling complaints about entrepreneurs is not regulated by law; however, our company undertakes to handle complaints about Entrepreneurs within 60 days within the meaning of these General terms and conditions.

8.10. The Buyer has no right to claim the warranty for defects that the Seller was notified of at the time of concluding the Contract or about which, taking into account the circumstances under which the purchase contract was concluded, one must have known.

8.11. Instead of eliminating the defect, the Seller can always replace the defective item with a perfect one if this does not cause severe difficulties for the Buyer.

8.12. The Buyer's right to claim the warranty expires:
1. failure to submit a warranty card, proof of payment, accessories or documentation of the goods,
2. failure to report obvious errors in taking over the goods,
3. expiration of the warranty period of the goods,
4. mechanical damage to the goods caused by the Buyer,
5. using or storing the goods in conditions which do not correspond to the humidity, chemical and mechanical influences of the natural environment,
6. improper handling, servicing or neglect of care of the goods,
7. damage to the goods by excessive loading or use in violation of the conditions specified in the documentation, general principles, technical standards or safety regulations in force in the Slovak Republic,
8. damage to the goods by unavoidable and/or unforeseeable events,
9. damage to the goods by accidental destruction and accidental deterioration,
10. unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other force majeure,
11. tampering with the goods by an unauthorized person.

8.13. The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
1. by handing over the repaired goods,
2. exchange of goods,
3. return of the purchase price of the goods,
4. by paying a reasonable discount on the price of the goods,
5. a written request to take over the performance specified by the Seller,
6. reasoned rejection of the goods claim.

8.14. The warranty period is 12 months (unless a different warranty period is specified for specific cases) and starts from the date of receipt of the goods by the Buyer. If the Buyer is an entrepreneur and the product is purchased for business activities, the warranty period is governed by the manufacturer's warranty conditions following the relevant conditions under the Commercial Code (§ 429 et seq.). For selected products, the manufacturer's warranty is limited to non-consumer Buyers. Defective goods and claims arising from defective goods must be asserted by the end of the warranty period. At the end of the warranty period, the right to file a complaint expires.

8.15. The warranty period stated in the General Terms and Conditions for Consumers follows the Civil Code and has no relation to Entrepreneurs and therefore does not apply to these General Terms and Conditions.

8.16. The warranty period is extended by the time during which the Buyer could not use the goods due to warranty repair of the goods.

8.17. In the case of an exchange of goods for a new one, the Buyer will receive a document stating the exchanged goods, and any other complaints will be made based on the originally issued invoice and this complaint document. In the exchange of goods for new goods, the warranty period starts again from the receipt of new goods, but only for new goods.

8.18. All warranty repairs are if the right to claim the warranty according to point 8.13 has not expired by the time of their application as per these General terms and conditions, free of charge.

8.19. If the error can be rectified, the goods will be repaired. If repair is not possible and the nature of the error does not prevent regular use, the Seller may agree with the Buyer on a reasonable discount on the price of the goods. In the case of a discount, this defect cannot be claimed later.

8.20. In the case of a defect that cannot be rectified and prevents the thing from being properly used as a thing without defect, the Seller is entitled to exchange the defective goods for goods with the same or similar performance or to issue a credit note.

8.21. If the delivery of defective goods violates the Contract materially, the Buyer may:

a) demand the elimination of defects by delivery of replacement goods for defective goods, delivery of missing goods and demand the elimination of legal defects,
b) demand the elimination of defects by repairing the goods, if the defects are repairable,
c) request a reasonable discount from the purchase price; or
d) withdraw from the Contract.

8.22. The choice between claims listed in 8.22. belongs to the Buyer only if he notifies the Seller in timely notification of defects or without undue delay after this notification. The Buyer cannot change the claim without the consent of the Seller. However, if it is found that the defects of the goods are irreparable or that their repair would involve disproportionate costs, the Buyer may request the delivery of replacement goods if the Seller so requests without undue delay after the Seller has notified him of this fact. If the Seller does not eliminate the defects of the goods within a reasonable additional period or if he announces before its expiration that he will not eliminate the defects, the Buyer may withdraw from the Contract or request a reasonable discount on the purchase price.

8.23. If the Buyer does not notify the choice of his claim within the period specified in paragraph 8.23., he has claims for defects in the goods as in the case of a minor breach of Contract.

8.24. If the delivery of defective goods violates the Contract in an insignificant manner, the Buyer may require either the delivery of the missing goods and the removal of other defects in the goods or a discount on the purchase price.

8.25. Until the Buyer claims a discount on the purchase price or withdraws from the Contract, the Seller is obliged to deliver the missing goods and eliminate legal defects of the goods. He is obliged to eliminate other defects at his choice by repairing the goods or delivering replacement goods; however, the method of elimination of defects must not cause the Buyer to incur disproportionate costs.

8.26. If the Buyer requests the elimination of defects in the goods, he may not assert any claims for defects in the goods other than damages and a contractual penalty before the expiration of the additional reasonable period he is obliged to give the Seller for this purpose, unless the Seller notifies the Buyer of his obligations within this period. This period must be determined following point 8.10. of these General Terms and Conditions for Entrepreneurs.

8.27. Until the Buyer sets a deadline following paragraph 8.27. or does not claim a discount on the purchase price, the Seller may notify the Buyer that he will eliminate the defects within a certain period. If the Buyer does not notify the Seller of his disagreement without undue delay after receiving this notice, this notice shall have the effect of setting a time limit following paragraph 8.27.

8.28. If the Seller does not eliminate the defects of the goods within the period resulting from paragraph 8.27. or 8.28., the Buyer may claim a discount on the purchase price or withdraw from the Contract if he notifies the Seller of the intention to withdraw from the Contract in determining the period under paragraph 8.27. or within a reasonable time before withdrawing from the Contract. The Buyer cannot change the selected claim without the Seller's consent.

8.29. For these General Terms and Conditions, a breach of Contract is material if the party, breaching the Contract knew or was aware at the time of the conclusion, taking into account the purpose of the Contract or the circumstances in which the Contract was concluded, that the other party will not be interested in fulfilling obligations in the event of such a breach of Contract. In case of doubt, it is assumed that the breach of Contract is not material.

8.30. Complaint handling only applies to defects listed in the complaint form.

8.31. The Buyer's right to claim a defect in the goods is, after exercising his right and asking the Seller to eliminate the defect of the goods under these Complaint and General Terms and Conditions, used it properly and regardless of the result of the complaint is no longer justified for the same unique defect (not a defect of the same kind) to file a complaint repeatedly.

8.32. If the Seller terminates the complaint procedure as a reasoned rejection of the complaint, but the product defect objectively exists and has not been eliminated, the Buyer can exercise his right to rectify the defect of the goods through the court.

8.33. Documents required to take over the goods complaint at the branch in case of purchase of the entrepreneur, VAT payer:
• Goods ordered for pick up in person can only be taken over by the company's CEO or a person authorized
• If an employee of the company takes over the goods, it is necessary to authorize this person by CEO with the number of the ID card at the authorized employee.
• To verify the CEO or the person authorized, it is necessary to prove with a valid ID card and Extract from the Business or Trade register to prevent confusion of persons when taking over the goods.

9. Withdrawal from the purchase contract by entrepreneurs

9.1. The Seller is entitled to withdraw from the Purchase contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer or supplier of goods agreed in the Purchase contract has stopped production or made such significant changes that prevented the fulfillment of the Seller's obligations under the Purchase contract or force majeure or if, even with all reasonable efforts to be required, he is unable to deliver the goods to the Customer within the period specified in these General terms and conditions or at a price indicated in the online store. The Seller is obliged to immediately inform the Buyer of this fact and return the deposit already paid for the goods agreed in the Purchase contract within 14 days of notification of withdrawal in the same way as used by the Buyer in his payment. This does not affect the Buyer's right to agree with the Seller on another payment method if no additional fees are charged to the Buyer. The Seller is entitled to withdraw from the Purchase contract even if the Buyer did not take over the goods within 14 working days from when the Buyer was obliged to take over the goods.

9.2. The Buyer, an entrepreneur, may be offered a replacement withdrawal from the Purchase contract depending on the condition of the returned goods, the lost warranty and the current price of the returned goods. The Seller will evaluate the condition of the goods. In the event of disagreement on terms acceptable to both parties, the goods will be returned at the Seller's expense. The Seller is entitled to charge the Buyer any additional costs incurred. The Seller reserves the right not to allow withdrawal due to the nature of the product and its condition at the time of return.

9.3. The Buyer may withdraw from the Purchase contract following the provisions of Act no. 513/1991 Coll. Commercial Code (hereinafter referred to as "Commercial Code").

10. Final provisions

10.1. The Seller reserves the right to change these General terms and conditions. The obligation to notify the change in these General terms and conditions in writing is fulfilled by placing it on the Seller's e-shop website.

10.2. The Seller undertakes to the Buyer that the price for the goods at the time of his Order will not change, for sending the goods within the agreed delivery time. The Seller is not responsible to the Buyer for delayed delivery of goods caused by courier service (or giving the wrong address of the Buyer), for possible non-delivery of goods (due to the supplier), for damage to the shipment caused by courier service or by post (in this case, it is necessary to file a complaint directly with the courier service employee or at the post office).

10.3. If the Purchase contract is concluded in writing, any change must be in writing.

10.4. In case of doubt, the Contracting parties agree that the period of use is considered the time from delivery of the goods to the Buyer (including the date of delivery) according to point 5.7. of these General terms and conditions until the date of return of the goods to the Seller or by handing over the goods to the courier for the purpose of transport to the Seller.

10.5. The Contracting parties have agreed that communication between them will occur mainly in e-mail messages or by letter or registered letter.

10.6. The relevant provisions of the Commercial Code apply to relations not regulated by these General Terms and Conditions.

In Melčice-Lieskové, on August 1, 2021

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