Business and complaint conditions

These General Terms and Conditions of the e-shop govern the process of purchasing goods by consumers through the e-shop, the terms of sale and purchase of goods through the seller's e-shop, the rights and obligations of the contracting parties, i.e. j. between the seller and the consumer resulting from the purchase contract concluded between these parties, the subject of which is the purchase and sale of goods through the seller's e-shop.

PART I
GENERAL TERMS AND CONDITIONS
General terms and conditions of the e-shop www.diamantovykotuc.sk and www.diamantovenastroje.cz

The operator of the online store located under the domain www.diamantovykotuc.sk is:

DiaSegment s.r.o. with registered office in Bytča, Hlinník nad Váhom 334, 014 01 Bytča
ID: 50672533
VAT number: 2120451003
VAT number: SK2120451003
Bank connection: SK67 0200 0000 0027 4973 4953
Registered under file number xxxxxxxxx, insert number 67041/L in the commercial register of the Žilina District Court on January 28, 2017.
E-mail: diasegment.sk@gmail.com
Tel. number: 0903 528 039
Supervisory authority:

Slovak Trade Inspection
Predmestská 1359/71, 010 01 Žilina
ARTICLE I – TERMS
The selling company, which, when concluding and fulfilling the purchase contract, acts within the scope of its business activity in its own name, on its own account, and which sells Goods through the E-shop.

Consumer is a natural person who purchases Goods through the online store on the Domain www.diamantovykotuc.sk and for whom the Goods are not used for the performance of employment, profession or business. In the event that the customer provides an ID number during registration, he is automatically considered an entrepreneur.

E-shop Internet store of the Seller located on the domain www.diamantovykotuc.sk..

By goods, goods offered through the E-shop.

Order is an act of the Consumer, which expresses the Consumer's will to purchase the Goods in the E-shop.

The price is the total price stated in the Order, especially the price for all the Goods ordered by the Consumer and stated in the Order, as well as VAT or other taxes, fees, including the cost of Shipping.

Transport price for transporting the Goods to the Consumer.

ARTICLE II - GENERAL PROVISIONS
These General Terms and Conditions regulate the process of purchasing Goods by the Consumer through the E-shop, the conditions of sale and purchase of Goods through the Seller's E-shop and the rights and obligations of the contracting parties, i.e. j. of the Seller and the Consumer resulting from the purchase contract concluded between these parties, the subject of which is the purchase and sale of Goods through the Seller's E-shop.

 

ARTICLE III – ORDER AND CONTRACT CONCLUSION
The Consumer orders the Goods from the Seller through the E-shop located under the domain www.diamantovykotuc.sk.
The description of that Product, its properties, availability in stock, its price are listed in the E-shop for that Product.
The purchase of Goods in the E-shop is subject to registration in the E-shop, during which the Consumer must fill in the data required by the E-shop in the registration form. The consumer can create an account during registration or just log in if he is already registered or use the option to enter registration data only once in connection with the purchase made (in this way, his data is not entered into an account that can be logged in and used repeatedly) . After successful registration, taking into account the chosen registration method, the Consumer will have access to his account, through which he will register in the E-shop when making purchases. If the Consumer has created his account, he does not need to register for each subsequent purchase, he just needs to log in to his account in the E-shop using his login data.
The Consumer orders the Goods from the Seller through the E-shop, according to the instructions given in this E-shop.
After pressing the "ADD TO CART" button for a specific Product, the ordered Product is automatically added to the shopping cart of the logged-in Consumer. The shopping cart of the given Consumer is available for viewing by this Consumer at any time during the creation of the Order.
When creating the order, the Consumer also chooses the method of transportation of the Goods according to the options offered by the Seller.
To prices for individual Goods, VAT, etc. the price for the shipping fee according to the chosen mode of transport will also be added, if the Seller allows the Goods to be delivered in more than one way.
The Consumer completes the order by pressing the "Order with payment obligation" button. Before that, the Consumer is obliged to familiarize himself with these GTC and confirm this familiarization by clicking on the button "I confirm that I have familiarized myself with the General Terms and Conditions of the E-shop www.diamantovykotuc.sk. By sending the Order, i.e. j. by pressing the "Order with payment obligation" button, the Consumer also confirms that the Seller has also been informed about the characteristics of the Goods and the total price that the Consumer is obliged to pay to the Seller.
After creating the Order, this Order will be registered in the E-shop system. The Seller will send to the e-mail address of the Consumer, which
during registration, the latter indicated the confirmation of the Order with information about the Order and the wording of the GTC with the complaint procedure, which is valid and effective at the time the Order was created

ARTICLE VI - PROTECTION OF PERSONAL DATA
The Seller processes the Consumer's personal data in accordance with Act No. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws. The information that the Seller is obliged to provide to the Consumer in connection with the processing of personal data is published on the Seller's website and the Consumer can familiarize himself with it before entering his data in the registration form.
The data provided in the registration form are to the extent necessary for processing the Consumer's order and are obtained in accordance with § 13 par. 1 letter b) Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws.
ARTICLE VII - DISPUTE RESOLUTION - INFORMATION ON ALTERNATIVE DISPUTE RESOLUTION
The seller hereby informs customers that on February 1, 2016, Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws.
The goal of this law is to create a new option for consumers to resolve their dispute with the seller quickly, efficiently, less formally and above all free of charge, or with only minimal costs. It is about reaching an amicable solution, or agreement between the consumer and the seller on the resolution of the dispute, which becomes a binding legal basis after both parties agree to its wording.
The authority for alternative dispute resolution under the law is the Office for the Regulation of Network Industries, the Office for the Regulation of Electronic Communications and Postal Services and the Slovak Trade Inspection. In addition, the Slovak Trade Inspection is in the position of the so-called of a residual entity, which means that it will be authorized to resolve even disputes in which the competence of other bodies is not determined, except for disputes arising from contracts for the provision of financial services.
According to §11 of the Act 391/2015 on the alternative resolution of consumer disputes and on the amendment of certain laws, the consumer has the right to contact the seller with a request for redress if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights.
In the event of a dispute with the seller, the consumer has the right, after using all options to resolve the dispute, to turn to the subject of alternative dispute resolution, the value of which will be higher than €20. The legislation applies not only to "domestic" disputes, but also to "cross-border" disputes, i.e. disputes between foreign consumers and sellers in the Slovak Republic.
The subject of alternative dispute resolution shall terminate the dispute within 90 days from the date of its initiation, while notifying the petitioner of the extension of the deadline by 30 days (even repeatedly).
If the consumer is not satisfied with the way the seller handled his complaint or otherwise violated his rights, in that case he has the opportunity to submit a proposal to the relevant entity. This does not exclude the possibility of resolving your dispute through court. In order to ensure the smooth progress of dispute resolution, the law requires mandatory cooperation from the seller.
Body for alternative dispute resolution:
Slovak Trade Inspection, Central Inspectorate, Department for International Relations and Alternative Resolution of Consumer Disputes, Prievozská 32, p.p. 29, 827 99 Bratislava 27, SR., web: http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi, email: ars@soi.sk, addr@soi.sk
The proposal can be submitted by the consumer in the manner determined according to §12 of Act 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of certain laws, also electronically via the online dispute resolution platform on the website: http://ec.europa.eu/consumers/odr/index_en.htm
Alternative dispute resolution is reserved exclusively for natural person consumers, not business buyers. The resolution of the dispute takes place between the consumer and the seller who have concluded a distance contract and whose dispute has a value higher than €20.
The seller hereby also informs consumers about the possibility of individually submitting requests, proposals, suggestions and attempts to prevent disputes electronically to the email address: diasegment.sk@gmail.com.

PART II CLAIMS AND WARRANTY TERMS (CLAIM PROCEDURE)
Complaints can only be made on goods purchased on the website of the seller's e-commerce, which have defects caused by the manufacturer, supplier or seller and are covered by a warranty.
The buyer is obliged to inspect the delivered goods and check the quality and functionality of the delivered goods as soon as possible after their delivery and acceptance, including the completeness of the delivery. If he does not do so, he can make claims from defects found during this inspection only if he proves that the goods already had these defects at the time of receipt of the goods.
If the goods show defects, the buyer has the right to file a claim at the seller's e-commerce site by filling out a claim form and delivering it to the seller. The form of the complaint form will be determined by the seller and its form/sample will be placed on the seller's e-commerce website.
The complaint procedure for goods that can objectively be delivered to the seller begins on the day the buyer fulfills the following conditions:
- delivers the complaint form to the seller in person, by post, or by electronic mail (e-mail),
- delivers the claimed goods, including accessories. The claimed goods must be delivered to the seller's headquarters at their own expense, either in person or by post.
On the day of initiation of the complaint procedure, the seller issues to the buyer a document of receipt of the complaint in a suitable form determined by the seller, where he is obliged to indicate the defects of the goods and the date of initiation of the complaint procedure. This document serves the buyer as a document to pick up the claimed goods again.
If the person servicing the goods decides that the claim is not justified, the seller will send the goods at his own expense to an expert, authorized, notified or accredited person for expert assessment. In the event that the expert assessment will contain a determination of the illegitimacy of the buyer's claim for the goods, a determination that the seller is not responsible for a defect in shape or that the goods have no defects (hereinafter referred to as an "unauthorized claim"), the buyer shall bear all costs of the seller, a third party servicing the goods and expert, authorized, notified or accredited person for the claim and expert assessment, in particular the costs of transporting the goods between the buyer, seller, third party servicing the goods and the expert, authorized, notified or accredited person and all costs for the assessment of the claim by the seller, third party performing service of the goods by an expert, authorized, notified or accredited person (hereinafter referred to as \"costs from an unauthorized claim\") within 30 days from sending the list of costs from an unauthorized claim to the buyer to the account designated by the seller or in cash.
The buyer does not have the right to apply the warranty for defects of which he was informed by the seller at the time of concluding the contract, or which, taking into account the circumstances under which the purchase contract was concluded, he must have known. The seller reserves the right to replace defective goods with other similar goods with comparable technical parameters.

The buyer's right to claim the warranty with the seller expires:
- by not presenting proof of payment, delivery note or guarantee letter, accessories or goods.
- by not reporting obvious defects when taking over the goods.
- upon expiry of the warranty period of the goods.
- mechanical damage to the goods caused by the buyer.
- using the goods in conditions that do not correspond to the natural environment due to their humidity, chemical and mechanical effects.
- unprofessional handling, service, or neglect of the care of the goods.
- damage to the goods due to excessive loading, or use contrary to conditions, general principles, technical standards or safety regulations valid in the Slovak Republic.
- damage to the goods by unavoidable and/or unforeseeable events.
- by unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other force majeure.
- interference with the goods by an unauthorized person.
The seller will deal with the complaint within 30 days from the start of the complaint procedure, and will issue a written document to the buyer.
Regarding a removable defect, the claim will be handled in the following way:
- the seller will ensure the removal of the defect, or
- the seller will replace the defective goods (the determination of the method of settlement of the claim depends on the decision of the seller and the buyer cannot demand the determination of the settlement of his claim).
With regard to a defect that cannot be removed, or one defect that can be removed multiple times, or a larger number of different removable defects that prevent the goods from being properly used as without defects, the seller will process the claim:
- by exchanging goods for other, functional goods with the same or better technical parameters, or
- in the event that the seller is unable to exchange the goods for another, he will settle the claim by issuing a credit note for the defective goods and return the money to the buyer.
Complaint handling applies only to defects listed in the complaint application form.
For the purposes of the complaint, the occurrence of one removable defect more than twice is considered to be a repeatedly removable defect.
For the purposes of the complaint, the occurrence of more than three different removable defects at the same time is considered a greater number of different removable defects.
The warranty period for the goods is 24 months, unless otherwise specified in the warranty certificate for specific cases. The warranty period begins on the day of receipt of the goods by the buyer.
This complaint procedure applies to all cases, except for cases where other warranty and complaint conditions were negotiated in the purchase contract.

In case something went wrong and you want to claim the goods:

Product complaint form [docx]
Product complaint form [pdf]
In case you want to return the goods:
Form for withdrawing from the contract and returning goods [docx]
Form for withdrawing from the contract and returning goods [pdf]