General Terms and Conditions of Sales
Our General terms and conditions shall apply to all sales done through our online shop www.ultraining.sk. These terms and conditions further define and clarify the rights and obligations of the Seller – company Ultraining s.r.o., with registered seat at Skubínska 13, 974 09 Banská Bystrica, Slovakia, Identification number: 36031143, registered in the Business Register of the District Court Banská Bystrica, section: Ltd., file number: 5472/S and the Buyer (customer, consumer).
All contractual relations are concluded in accordance with the law of the Slovak Republic. If a party is a consumer, then the relationships not governed by these terms and conditions, are governed by the Civil Code (Act no. 40/1964) and Act no. 102/2014 of the Codex on the protection of consumers in respect of distance contracts.
If a party is an entrepreneur or a legal person, then the relationships that are not otherwise provided, are governed by the Commercial Code (Act no. 513/1991 Coll.), as amended. The seller can modify or supplement the text of the sales terms and conditions.
2. Sales Contract
Buyer's order duly completed and sent through an online store www.ultraining.sk or made by phone is a binding proposal to conclude a purchase agreement with the seller. Seller acknowledges the receipt of the order by sending the email to the e-mail address specified by the buyer in the order, and this acknowledgment is by nature not consent to the conclusion of the purchase contract.
Consent to the conclusion of the purchase contract is considered to be the moment when the seller sends the merchandise to the buyer. At the time of dispatch therefore clearly there is a contract of sale between seller and buyer, and this agreement is governed by the applicable Terms and Conditions of the seller.
The consumer has the right to cancel the order, therefore withdraw its proposal for this contract, without any penalty until the moment of dispatching the purchase by the seller. The consumer is obliged to notify the seller of this fact by email. It is possible to make changes to the order and fix problems before the moment of dispatching the purchase.
The purchase contract is concluded in the Slovak language. The purchase contract is always concluded for a fixed period from the date of receipt the purchase by the buyer. This shall not affect the rights of the buyer or the seller that are the subjects to Slovak legislation and these sales terms and conditions.
3. Price of the Goods
The selling price of the goods is shown for each product. The price is final. Unless it is expressly stated that transport is free of charge, the transport costs are not included in the price of the goods.
4. Terms of Delivery
Deliveries of the subject of performance (goods ordered) will be subject to availability of products (within 24 hours) and operational capabilities of the seller made as soon as possible. Delivery notification is done by phone or e-mail at the order confirmation. When paying the proforma invoice the delivery time is the same, but starts counting from the moment when payment is credited to our account, unless otherwise agreed.
The ordered goods that is not in stock in our store is being ordered from the manufacturer. In such case, we will give you prior notice by e-mail or by phone about the change of the delivery period of your goods. You will be able to cancel the order or choose another item instead. To the expedition time you will need to add time (2-3 days) required for postal delivery. Delivery by shipping company is made within 24 hours in Slovakia.
If you choose delivery of goods by shipping company, it is advisable to fill in your mobile phone number in the delivery address (we recommend to state it directly in the form of a binding order) so our staff can arrange the exact time and place of delivery with you. We also recommend to fill in the address where you are present during the day, as the shipping company generally performs delivery during normal working hours.
Site collection and delivery method is determined on the basis of the buyer's order. Delivery is fulfilled upon the delivery of the subject of the performance to the place agreed. The fitting of the subject of performance is not part of the delivery. Transportation to the destination address is provided by the seller. The shipped goods always contains the user´s manual in the Slovak language. Goods, together with the tax document will be supplied by Ultraining s.r.o. company immediately after receiving the amount invoiced to its bank account. Tax document will be sent by e-mail. The buyer undertakes to accept the goods ordered.
5. Terms of Payment
Buyer can choose one of the following payment methods:
- Cash on delivery – cash payment is made on the delivery of the goods by the carrier.
- Bank transfer – cashless payment by bank transfer. The buyer will get all the necessary information in the e-mail confirming the receipt of his order. The shipment will be sent upon the receipt of the payment to the seller´s account. If the settlement payment has not been made within 10 days after submitting payment information, the seller will consider buyer's order to be canceled.
- By cash – payment is made at the company´s premises when the goods are picked up by the customer personally.
- By payment card
6. Defective Performance Rights
The rights and obligations of the contractual parties with respect to the rights of defective performance shall be governed by generally binding regulations (in particular by the provisions of § 622 and § 623 of the Civil Code). The seller is liable to the buyer that the goods have no faults. In particular, the seller is liable to the buyer that at the time when the buyer accepted the goods:
- the product has properties that the parties have agreed upon, if there is no agreement that it has properties that the seller or manufacturer described or the buyer expected due to the nature of
- the goods and based on the advertising,
- the product is fit for the purposes the seller states or to which this type of product is usually used,
- the product´s quality or design corresponds with a sample or model, if the quality or design was specified by contract sample or model,
- the goods is in an appropriate amount, measure or weight and
- the goods comply with the requirements of the legislation.
The provisions of the preceding paragraph of sales terms and conditions will not apply to goods sold at a lower price due to the defect for which the lower price was agreed for, to the goods damaged due to its common use as well as to the used goods that has defect corresponding to the degree of use or wear, the product had upon on the receipt by buyer or if it results from the nature of the goods. If the appearance of the defect shows within six months of receipt, it is considered that the product was defective already upon its receipt.
The buyer claims his rights for defective performance with the seller. The moment of the claim is considered to be the moment when the seller received the claimed goods from the buyer.
Other rights and obligations of the parties relating to the liability for defects are stated in the seller´s return policy.
7. Return Policy
All the goods are covered by the statutory warranty period of 24 months, unless stated otherwise. The warranty period starts when the buyer takes over the goods. The warranty applies to all the obvious and hidden defects of the goods, which are not compatible with its functionality, functional and aesthetic properties. The invoice (delivery note) that seller sends to buyer together with the goods serves as the warranty list (delivery note.
The buyer is obliged to check the goods upon his acceptance. Takeover means handing over the goods by the carrier. The seller is not liable for defects occurred during the transport of goods. If the buyer after checking the goods finds out that the package is mechanically damaged, he is obliged not to take over goods from the carrier. The buyer notifies the seller about this fact by e-mail or telephone. In this case, the seller will send the shipment to the buyer again with undamaged packaging.
The buyer is obliged to notify the seller immediately after the examination of the goods supplied about all the defects. After finding the difference in the amount or type of the goods mentioned in the invoice or delivery note it is necessary to submit the report on this findings to the seller in writing to seller´s address or to e-mail address firstname.lastname@example.org within three days of handing over the goods.
In the notification the buyer shall give a description of the defects and what he claims because of the defects. Buyer can use for this purpose the complaint form.
Due to defects of goods the buyer may apply the following requirements: delivery of missing goods, replacing the goods or withdraw from the purchase contract. For each complaint it is necessary to provide a copy of the invoice, proof of payment and of delivery of goods and the defective goods. In the case of claiming the defects of the goods, for the quality of which the seller took over from the manufacturer, the defect must be claimed by the end of the warranty period the latest. The seller is obliged to sort out the claim within the statutory period, within 30 days the latest. The deadline for settlement of the claim commences on the date of delivery of the goods to the address of the seller.
8. Withdrawal from the Purchase Contract
Unless the purchase contract was concluded by means of distance communication (E-Commerce), the consumer has in accordance with the provisions of Law no. 102/2014 of the Codex on consumer protection in distance selling the right, without giving any reason to cancel the contract within 14 days of receipt of the goods (if the subject of purchase agreement is several types of goods or the supply of several parts, this period shall commence from the date of receiving the last supply of goods).
If a consumer wishes by the aforementioned law to cancel the contract within 14 days, he will notify the seller by email to e-mail address email@example.com or in writing to the address: Ultraining s.r.o., Skubínska 13, 974 09 Banská Bystrica, Slovakia.
To withdraw from the contract, the consumer may use the form provided by the seller annexed hereof.
If the consumer withdraws from the purchase contract, he will be refunded without delay and no later than 14 days from the day when the seller receives notice of withdrawal from the contract, all the payments made by the consumer, including the cost of delivery (except for the additional costs incurred as a result of the chosen method of delivery that is different than the cheapest way of standard delivery offered by the seller). The seller will use the same means of payment that the consumer used to make the initial transaction, unless the consumer expressly determines otherwise. The seller will return the payment to the consumer after receiving the returned goods.
The provisions of the Act on the withdrawal within 14 days, however, cannot be interpreted as a possibility for complimentary rental of the goods. In case the consumer exercises his right to withdraw within 14 days of receipt of the performance, he must return to the seller within 14 days of withdrawal everything purchased under the purchase contract (including accessories, warranty list, manual, invoice etc.). If the goods are not returned in their original packaging or if the product or packaging is damaged, the seller is entitled to reimbursement of the costs incurred for reinstatement of the goods to their original state. The seller is obliged in this case to prove the damage caused. In this case the seller only returns to the consumer thus reduced purchase price.
Goods which are subject to withdrawal, should be sent as a recorded delivery package to the address of the seller, but not as a cash on delivery. The consumer bears the direct cost of returning the goods.
9. Privay Policy
In connection with the use of our eshop, we are committed to protecting your personal information in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing the Directive 95/46 / EC (General Data Protection Regulation) (hereinafter "the Regulation") and Act No. 18/2018 Ooll. on the Protection of Personal Data (hereinafter referred to as the "Act").
If you have an account with us, you entered the e-mail address and password while creating it. This data is used to access your account in our shop so we ask of you that you keep this data safe and not give them to anyone, not even to us. For any unauthorized use of your login credentials we are not liable.
This information is necessary to identify you as a customer. They are used for making the necessary banking operations, for counting in your payment for purchased goods in order to ensure the correct supply of goods and for communication with you.
By registering and using the online store www.ultraining.sk you consent to collection and using information about you and your purchases.
Your personal information is confidential and is not provided to any other entities. Our company guarantees not to sell, rent or otherwise disclose your information to any third party.
If you want to delete your data from our database, please let us know by writing to the address: Ultraining s.r.o., Skubínska 13, 974 09 Banská Bystrica, Slovakia.
10. Alternative Means of Settling Disputes
10.1 Dear customer. If you believe we have violated your rights, or if you are not satisfied with the way we resolved your complaint, you can send us your request for redress to our email address: firstname.lastname@example.org.
10.2 If you receive negative reply to your request, or if we do not respond within 30 days, or if you are not satisfied with our solution, then under the amended Act no. 102/2014 and Law no. 391/2015 on consumer alternative disputes resolution, you are entitled to alternative (non-judicial) means of settling disputes.
10.3 You can submit the application in a way specified by Section 12 of Act 391/2015 of the Codex. For this purpose you can use the form, which template is also available on the website of the relevant ministry and of each alternative dispute resolution entity.
10.4 You can find the list of subjects for alternative dispute resolution dated 10.4.2016 here: http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s. The consumer has the right to choose any of these consumer ADR subjects to turn to.
10.5 The e-mail address for submitting the applications electronically to the Slovak Trade Inspection is email@example.com.
10.6 The entity for ADR has the right to decline the consumer´s application if for example:
- If the quantifiable value of the claim does not exceed the amount of 20 euros;
- If considering all the circumstances is clear that alternative dispute resolution could be conducted only with a disproportionate effort, etc.
10.7 The consumer may file a complaint also through the alternative dispute resolution platform RSO, which is available online at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SK. Complaint that may be filed by the consumer living in the EU against the seller with the registered seat in the EU.
10.8 The costs of alternative dispute resolution shall be borne by each of the parties separately without possibility of recovery.
11. Final Provisions
The consumer´s order is after its delivery to the seller as the proposal for purchase contract archived in order to fulfill it and for other records. The individual technical steps leading to the conclusion of the contract are apparent to the consumer from the ordering process itself. The buyer is able to detect and amend the errors occurred when inputting data prior to the sending the order. The cost of using the distance means of communication (telephone, internet, etc.) necessary for the execution of the order itself carries the buyer.
Seller shall not be liable to the buyer for late delivery of goods caused by the courier or due to the wrong address details provided by the buyer. The complaint about any failed delivery or damage of the goods caused by the courier service must be address directly to the courier service. In the case of non-delivery due to force majeure or due to the stop of its production the seller shall immediately inform the buyer of the reason for non-delivery. The seller must provide the possibility of delivery of replacement goods. The buyer is entitled to reject the possibility of delivery of replacement goods and withdraw from the order of the goods.
We are committed to deliver the right goods in the right quantity and at the agreed price valid and confirmed by you at the time of sending the electronic order. Together with the goods we will delier to the customer a tax document - the invoice and manufacturer´s warranty list of (if the manufacturer of the goods provides it).
When submitting the order the buyer declares that he prior to the execution of the order familiarized himself with these terms and conditions and that he agrees with them. The buyer agrees to take over the ordered goods duly, check the integrity of the packaging and in case of any defects, he shall immediately notify the carrier. He also commits to pay for the goods agreed purchase price in full and by payment terms valid at the date of dispatch of the order. The buyer´s rights in relation to the seller arising out of the "Consumer Protection Act no. 634/1992 Coll." as amended legal provisions remain unaffected by these terms. Any disputes arising from the failure to meet those conditions are governed by the provisions of the Commercial and Civil Code.
These terms and conditions of sales are valid from 8. 6. 2021.