Terms and Conditions

TERMS AND CONDITIONS

These Terms and Conditions govern the rights and obligations between the Seller and the Buyer (including Consumers) purchasing goods via the Online Store. Contractual relations are governed by the applicable laws of the European Union and the Slovak Republic, without prejudice to the mandatory consumer protection laws of the country of the consumer's habitual residence.

1. Definitions

1.1 In these Terms and Conditions:

1.1.1 "Online Store" means the internet application accessible via the web addresses www.motozahrada.eu/en and www.gardenfix.eu, allowing Users to browse and purchase Goods;

1.1.2 "Seller" means ŠIVINET s.r.o., with registered seat at L. N. Tolstého 1823, 079 01 Veľké Kapušany, Slovak Republic, Company ID (IČO): 36617792, e-mail: info@sivinet.sk;

1.1.3 "Consumer" means an individual who acts for purposes which are outside their trade, business, craft, or profession;

1.1.4 "Buyer" means any natural or legal person who enters into a purchase agreement with the Seller;

1.1.5 "Goods" means items or products offered for sale by the Seller in the Online Store;

1.1.6 "Order" means the Buyer's electronic submission via the Online Store proposing to enter into a Purchase Agreement.

2. Conclusion of the Purchase Agreement

2.1 Product presentations in the Online Store are for informational purposes only and do not constitute a legally binding offer to conclude a contract.

2.2 The Buyer places an Order by adding Goods to the shopping cart, providing necessary delivery and billing information, and clicking the button marked "Order with obligation to pay" (or equivalent phrasing).

2.3 The Purchase Agreement is concluded upon receipt of the binding electronic confirmation of the Order sent by the Seller to the e-mail address provided by the Buyer.

2.4 The Buyer is responsible for providing complete and accurate information during the order process.

3. Prices and Payment

3.1 All prices of Goods are stated in Euros (EUR) and include all applicable taxes (VAT). Prices do not include delivery costs, which are explicitly indicated before the final submission of the Order.

3.2 The Seller offers various payment methods (e.g., online payment gateway, bank transfer, debit/credit cards) as displayed in the checkout process.

3.3 In case of bank transfer payments, the Buyer must state the designated order reference/variable symbol. The payment is deemed complete once credited to the Seller's bank account.

3.4 The Seller issues an electronic invoice (tax document) and delivers it to the Buyer's e-mail address.

3.5 The Seller retains ownership of the Goods until full payment of the purchase price has been received.

4. Delivery and Passing of Risk

4.1 Goods are delivered to the address specified by the Buyer via courier delivery services.

4.2 Delivery costs and estimated delivery times are clearly stated in the ordering process prior to completing the purchase.

4.3 The risk of loss of or damage to the Goods passes to the Consumer at the moment when the Consumer or a third party indicated by the Consumer acquires physical possession of the Goods. If the Buyer is not a Consumer, the risk passes upon handover of the Goods to the first carrier.

5. Right of Withdrawal (Returns)

5.1 The Consumer has the right to withdraw from the Purchase Agreement without giving any reason within 14 days from the date on which the Consumer or a third party designated by the Consumer receives the Goods.

5.2 To exercise the right of withdrawal, the Consumer must inform the Seller of the decision to withdraw by an unequivocal statement (e.g., via e-mail to info@sivinet.sk) prior to the expiry of the 14-day period.

5.3 The Consumer shall return the Goods to the Seller without undue delay and in any event no later than 14 days from the day on which withdrawal was communicated, to the following address:

AUTO-MOTO E50, Kochanovská 203/27, 078 01 Sečovce, Slovak Republic.

5.4 Returning the Goods in original manufacturer packaging is not a legal prerequisite for exercising the right of withdrawal. However, the Consumer must ensure that the Goods are securely packed to prevent damage during transport.

5.5 The Consumer bears the direct costs of returning the Goods.

5.6 The Consumer is only liable for any diminished value of the Goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Goods (similar to inspecting items in a physical retail store).

5.7 The Seller will refund all payments received from the Consumer, including standard delivery costs (excluding additional costs resulting from a choice of delivery method other than the least expensive standard delivery offered by the Seller), within 14 days of receiving the withdrawal notice. The Seller may withhold reimbursement until the Goods are received back or until the Consumer supplies evidence of having sent back the Goods.

5.8 The right of withdrawal does not apply to contracts concerning goods custom-made to the consumer's specifications, perishable goods, or sealed goods unsealed after delivery that cannot be returned due to health or hygiene reasons.

6. Statutory Warranty and Complaints Procedure

6.1 The Seller warrants that the Goods conform to the agreed description, quality, quantity, and functionality, and are fit for purpose upon delivery.

6.2 The statutory liability period for defects (warranty) for Consumers is two (2) years from delivery of the Goods.

6.3 In the event of a defect, the Consumer is entitled to request:

a) repair of the Goods, or

b) replacement of the Goods,

unless the chosen remedy is impossible or imposes disproportionate costs on the Seller.

6.4 If repair or replacement is not possible, refused by the Seller, or not performed within a reasonable time without significant inconvenience to the Consumer, the Consumer has the right to request a proportional price reduction or withdraw from the agreement (unless the defect is minor).

6.5 Complaints and warranty claims may be filed by contacting the Seller via e-mail at info@sivinet.sk or by dispatching the defective item to: AUTO-MOTO E50, Kochanovská 203/27, 078 01 Sečovce, Slovak Republic.

6.6 Warranty claims will be processed and settled without undue delay and no later than 30 days from the date the claim was raised, in accordance with applicable consumer protection legislation.

7. Alternative Dispute Resolution (ADR)

7.1 If a Consumer is dissatisfied with how a claim was handled or believes their consumer rights have been violated, they may contact the Seller for an amicable resolution via info@sivinet.sk.

7.2 If the Seller rejects the request or fails to respond within 30 days, the Consumer has the right to initiate an out-of-court dispute resolution proceeding before an authorized ADR body or submit a complaint via the European Online Dispute Resolution (ODR) platform.

8. Privacy and Data Protection

8.1 Processing of personal data is carried out in strict compliance with Regulation (EU) 2016/679 (GDPR) and relevant national data protection acts.

8.2 Detailed information regarding the processing and protection of personal data is available in the Privacy Policy section of the website: https://www.motozahrada.eu/ochrana-osobnych-udajov-1.