General Terms and Conditions
I. Introduction
The following General Terms and Conditions (“GTC”) regulate the relationships of parties to a sales contract entered into by and between Euro-live EU s. r. o., ID: 52 718 051, registered seat at Studenohorská 4629/2C Bratislava – mestská časť Lamač 841 03, registered in the Commercial Register with the District Court of Bratislava I under File No. 141184/B, and the Buyer who can be also a consumer (“Buyer”).
These provisions are a public offer agreement that replaces a written contract
By placing the order, the Buyer acknowledges that s/he has read the present GTC before entering into the contract, and in particular the representations and warranties given in Part II hereof and the Claims Code and Delivery Information constituting an integral part hereof, and explicitly agrees to the same in the wording effective at the time the order is placed.
The Buyer receives a copy of the GTC via email, in the form of a document attached to the confirmation email sent to the email address provided. The Buyer receives the invoice containing the details of the contract and the receipt issued according to the Sales Registration Act by email, in the form of a link to the portal where s/he can download the invoice in electronic form, to which the Buyer agrees. The link is sent to the Buyer to the email address provided in the order. The Buyer may submit a request for a paper invoice using the contact form.
II. Pre-Contractual Representations and Warranties
Seller represents and warrants to the Buyer that:
А. The goods are delivered to the Buyer after the Buyer pays the price or makes a deposit or similar payment for specific services offered by Trader and requested by the Buyer.
B. The prices for goods and services displayed on the website operated by Trader are quoted including and excluding VAT, with all statutory fees (where applicable). At the same time, delivery of products is free.
C. The Buyer-Consumer has the right to cancel the contract (except as otherwise provided below) within 14 days of:
– receiving the last of the goods (contracts for the supply of multiple products/parts delivered on different days); or
– receiving the first of the goods (ongoing contracts),
by giving notice in writing to the postal or email address of TOP-translate s. r. o., informing Trader of his/her decision to cancel the contract, whether in person at either www.robomaster.eu store via contact form.
III. Sales Contract
- Contract Execution
The Buyer creates an order for the products in a distance manner by adding the selected goods, service or digital content to the cart and by proceeding to checkout or by using the “Buy Now” option. The Buyer can change the products added to the cart as well as the selected delivery and payment method before placing a firm order. The Buyer should check all details and/or options s/he has provided/selected in the order. The sales contract is concluded at the time the order created by the Buyer is confirmed by the Trader; Trader is not responsible for any data transmission errors. The Buyer is informed about the executed contract in a confirmation email letter sent by Trader to the email address provided by the Buyer.
The Buyer may be assisted in concluding the contract in other manner than by distance, by an employee of Euro-live EU s. r. o., either via e-mail or contact from www.robomaster.eu.
The confirmation email letter includes the latest wording of Trader’s GTC and Claims Code. Except where the GTC provide otherwise, the executed contract (incl. the agreed price) may be amended or cancelled only by agreement of the parties or in cases stipulated by law.
The contract is archived by Euro-live EU s. r. o. for at least five years from the day it is concluded, however, not longer than for the period stipulated by relevant law. The contract is archived for the purpose of its performance and is not accessible to third parties other than those having an interest in the contract. Information about the individual technical steps leading to the contract execution is implied by and the process of contract execution is comprehensibly described herein.
- Delivery
By executing the sales contract, Trader undertakes to deliver the purchased goods or digital content/licence to the Buyer and to enable the Buyer to acquire title/licence to the same; the Buyer undertakes to accept the product/digital content and pay Trader the purchase price.
Trader reserves the right of ownership to the goods; ownership to the goods passes to the Buyer from the moment the purchase price is paid in full. The same applies mutatis mutandis to the purchased licences or services.
Trader delivers the goods to the Buyer together with relevant documents relating thereto and enables the Buyer to acquire title to the goods/licence in compliance with the contract.
The delivery of the product is carried out via electronic mail (email) if another type of delivery is not agreed in advance between the seller and the buyer.
Purchased digital content is considered to have been delivered at the time Trader sends an email to the Buyer with a link to download the content or makes the download link available to the Buyer in his/her user account. Trader points out that the download link is valid only for 60 days. The Buyer is therefore required to download the digital content within this time limit.
- Passing of Risk
The product is faulty if it lacks the agreed characteristics. The product is further considered faulty where the Buyer is delivered other than the ordered product or the documents necessary for the use of the product contain defects.
The Buyer should examine the product, its characteristics and quantity as soon as feasible after the risk passes to the Buyer and report to Trader without delay any defects or faults found.
The risk passes to the Buyer when the product comes into the physical possession of the Buyer; and/or when the Buyer rejects to accept the product although s/he has been allowed by Trader to dispose of it.
- Liability of Trader
Trader guarantees to the Buyer that the product is free from defects when delivered to the Buyer. In particular, Trader guarantees to the Buyer that, at the time the product is delivered to the Buyer:
- The product has the characteristics agreed by the parties or, if no agreement is reached, the product has the characteristics described by Trader or the manufacturer or expected by the Buyer with respect to the nature of the goods or as advertised.
- The product is fit for the purpose stated by Trader or for the purpose it is intended for.
- The product is provided in the corresponding quantity.
- The product complies with the requirements stipulated by law.
- The product is considered defective at the time of its delivery where the defect appears within six months from the day the product is delivered to the Buyer.
- Except as otherwise provided, the Buyer has the right to make a defective product claim within 1 month of delivery.
Where a gift is provided together with the goods, the Consumer acknowledges that the defective product claim may be made within 1 month only for the goods sold but not for the gift provided together with the goods. The Consumer may make a defective product claim for the gift within 14 days of receiving the product.
- Material Breach of Contract
Where the defect develops within the stipulated time limit and the defective delivery constitutes a material breach of the contract, the Buyer has the right to:
- replacement of the defective product
- repair of the defective product;
- reduction in the purchase price of an appropriate amount; or
- contract termination.
In making the defective product claim, the Buyer notifies Trader as to which redress scheme shown above s/he has opted for and does so immediately or without undue delay thereafter. The selected option may not then be changed without Trader’s consent; with the exception of a defect requested by the Buyer to be repaired and subsequently being identified as irreparable. Where Trader fails to remove the defect within a reasonable period or the Buyer is notified by Trader that the defect cannot be removed, the Buyer may claim a reduction in the price of an appropriate amount instead of terminating the contract or terminate the contract.
Where the Buyer fails to opt for the redress scheme in due time, s/he has the same rights as in the case of an immaterial breach – see below.
The Buyer-Consumer has the right to a reduction in the price of an appropriate amount also in circumstances where Trader is unable to deliver a new product free of defects, replace the component part or repair the product, or where Trader fails to remove the defect within a reasonable time or where the remedy would cause significant inconvenience to the Buyer.
- Immaterial Breach of Contract
Where the defective delivery constitutes other than material breach, the Buyer has the right to replacement or reduction in the price of an appropriate amount.
Unless the Buyer claims the reduction in the price of an appropriate amount or terminates the contract, Trader may deliver the missing parts or remove the legal defect. Other defects may be removed at Trader’s discretion either by repair or replacement.
Where Trader fails to remove the defect in due time or refuses to remove the defect, the Buyer may claim a reduction in the price of an appropriate amount or terminate the contract; the selected option may not then be changed without Trader’s consent.
- General Breach of Contract
The Buyer has the right to replacement also in circumstances where the defect can be removed but the product cannot be properly used because the defect is recurring (an identical defect occurs three times) or the product develops multiple faults (three or more faults developed at the same time), in which case the Buyer-Consumer has the right to terminate the contract.
Where the Buyer fails to report the defect without undue delay after the defect could have been detected by the Buyer upon proper and timely examination of the product, the defective product claim will not be handled.
- Satisfactory Quality
A quality guarantee is an undertaking of Trader that the product is fit for a particular purpose or retains its properties.
The guarantee takes effect at the time the goods are delivered to the Buyer.
Where the defect is caused by outer circumstances after the goods are at the Buyer ‘s risk, the Buyer is not entitled to make a claim under the guarantee.
- Digital Content, Computer Software and Other
In using the digital content purchased from Trader, the Buyer must comply with the obligations stipulated herein (for the purposes hereof, digital content includes also software, copyright law and product licence (for instance, EULA). Buyers failing to comply therewith are liable to damages and may face criminal consequences.
The Buyer may use the digital content solely for personal use, unless the licence provides otherwise, and for other than economic or business benefit, direct or indirect. The Buyer may not copy or otherwise reproduce, make copies of or extracts from and otherwise handle the purchased digital content contrary to copyright law, other laws or product licence. Where the digital content has been obtained illegally, access to it may be denied and/or the licence deactivated.
This same applies also to the digital content provided by Trader to the Buyer as a gift.
IV. Data Protection and Privacy
The protection and processing of Buyer’s personal data by Trader is governed by the Privacy Policy.
V. Business Hours of our company
Orders placed online are processed during Business Hours:
Mo-Su: from 9 a.m. to 9 p.m. (European time GMT+2).
If the order was placed by the buyer outside the specified time, it is processed in the next working time, which will come from the moment the order is received.
The seller cannot be held responsible or liable for non-compliance with the opening hours of the online store in the event of a system failure or force majeure.
VI. Prices
The prices quoted for goods available at the online store are correct at the time of publishing. The prices are final and include VAT and all taxes and fees payable by the Consumer for the goods.
Trader reserves the right to declare the sales contract null and void in circumstances where the personal data, payment card, etc. have been misused or where such arrangement has been ordered by an administrative or judicial authority, of which Trader notifies the Buyer.
Trader additionally reserves the right to declare the sales contract null and void in circumstances where the discount or similar voucher has been used contrary to the voucher terms and conditions. In general, where:
- The discount voucher has been used to obtain goods other than that for which the voucher is redeemable.
- The discount voucher has been used in conjunction with any other promotion although the application of multiple discounts has not been explicitly forbidden.
- The discount voucher has been used against a purchase the value of which is lower than the voucher value.
- The discount voucher is found by Trader to have been already used.
The Buyer acknowledges that the sales contract cannot be validly executed in the circumstances shown above and that Trader is entitled, among other things, to make claims for reversal of unjustified enrichment.
VII. Orders
The orders can be placed:
- online through the optional of an online store www.robomaster.eu;
- by email via contact form at www.robomaster.eu;
When placing an order, the buyer uses one of the offered payment options. The order is considered placed only after its full payment. After placing the order, the buyer receives a confirmation to the e-mail address specified by him.
When placing an online order, the buyer must necessarily agree to the terms of this provision. If the buyer does not agree to the terms of this provision, then the order cannot be placed and payment cannot be made.
VIII. Contract Cancellation
The Consumer has the right to cancel the contract within 14 days. The cancellation period referred to in the first sentence begins with the day on which the contract is entered into, and on the day on which the Consumer receives:
- the goods (sales contract);
- the last of the goods (contracts for the supply of multiple products/parts delivered on different days); or
- the first of the goods (ongoing contracts).
The user can cancel the contract by sending a notification via the feedback form on the website www.robomaster.eu Or the cancellation notice should be sent to: [email protected]
In his appeal, the user must explain the reasons for canceling the contract. In this case, the user does not have to return the goods to the seller physically.
IX. Payment
The seller accepts payment methods such as payment via PayPal (for payment by traditional money) and payment via coinbase.commerce (for payment by cryptocurrency).
All goods remain the property of Trader until paid for in full. The risk passes to the Buyer at the time the goods come into the physical possession of the Buyer.
Trader reserves the right to offer the Buyer only selected payment methods at its discretion.
The 289/2008 Coll. Act on the use of electronic cash registers requires the Trader to issue a receipt to the Buyer and register the sale with the tax authority online; or within 96 hours of the sale where the technical difficulties arise.
Buyer’s billing information cannot be changed after the order has been placed.
Refund
Where the Buyer cancels the contract entered into with Seller or gets reimbursed for any other reason, Trader makes the reimbursement under the contract using the same form of payment as used by the Buyer for the initial purchase. The Buyer is responsible for the accuracy of the reimbursement details that s/he provides to Trader.
X. Delivery
Delivery of products to the address of the buyer is carried out during business hours (specified above).
Delivery of products is carried out within 1-6 hours from the moment the order is placed (during business hours).
Products are delivered to the email address provided by the buyer during the order placement process.
The buyer must enter the correct e-mail address. If an erroneous e-mail address was specified during the purchase, the buyer must inform (specify) the new address via the return mail form.
The seller is not responsible for the violation of the delivery time if the buyer indicated an incorrect e-mail address during the placement of the order. However, the product will be promptly delivered to the buyer’s address as soon as he confirms his correct e-mail address.
XI. Product Warranty
The seller guarantees that the digital products that he sells in the www.robomaster.eu online store perform the functions that correspond to their description. However, the seller cannot guarantee that the historical test results of these digital products are a guarantee that they will perform flawlessly in the future.
If the product has a technical defect, the buyer has the right to contact the www.robomaster.eu website support service to:
- resolve the issue of correcting the product code,
- replacing the product or
- terminating the contract and refunding.
XII. Miscellaneous
Any disputes arising out of the contract will be governed by the laws of the Slovak Republic and resolved by competent Slovak courts.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply, with reference to Article 6 thereof.
Any disputes arising between Trader and the Buyer may also be settled out of court; the Buyer-Consumer may approach a dispute resolution body, such as the Slovak Trade Inspection, or use the ODR platform
Trader, however, recommends the Buyer to contact Seller to address the issue before resolving it out of court.
Also, the Seller recognizes the resolution of disputes on the platform of payment systems (for example, PayPal).
The contact email address of Trader is [email protected].