GENERAL BUSINESS TERMS AND CONDITIONS
These Business Terms and Conditions apply at shopping in the e-shop www.morethanfit.eu.
The Business Terms and Conditions form the part of a signed purchase contract between the seller on one side and the purchaser on the other side.
Definition of terms
Consumer contract is any contract regardless of its legal form made between a supplier and a consumer.
Supplier (seller) is a person acting at making and performing the consumer contract within the subject of its commercial activities or other business activity.
Purchaser – consumer is a natural person or a legal entity purchasing products or using services for personal need or need of the members of his/her/its household.
Purchaser - businessman is a legal entity or a natural person – businessman acting within the subject of its commercial or other business activity and purchasing products or using services for its business by their resale or trading with them.
Courier is a courier company, the subject of its business being the provision of courier, transport, storing and additional services.
Order and making of purchase contract
A purchaser selects a product according to the current offer published on the website www.morethanfit.eu. The purchaser confirms the selection by clicking on “Buy” button, fills in the order form (e-mail, if buying goods, delivery address), selects the number of products (and/or specifies the product parameters) and selects the method of payment (C.O.D., payment by a card, bank transfer, PayPal).
Orders made by means of the e-shop www.morethanfit.eu are binding. When sending order the purchaser confirms by an active click that he/she/it has been informed and agrees with the present Business Terms and Conditions.
The proposal for making a contract is placing the goods offered on the web site of www.morethatfit.eu. The contract is made by sending the order by the purchaser and its receipt by the seller. The seller shall confirm the receipt immediately on the provided purchaser's e-mail, however, the confirmation has no impact on the fact of entering into the purchase contract. The contract made in this way cannot be changed one-sidedly.
Information about individual steps leading to contract making arise from the present Business Terms and Conditions and the purchaser always has the possibility before the order sending to check and/or correct it.
The contract is made in English, unless prevented by circumstances on the side of the seller and the purchaser, the contract may be made in another language both parties understand.
Together with the goods the operator will deliver all the appropriate documents relating to the goods: invoice (tax document) and/or guarantee certificate (if provided by a producer) to the purchaser.
A purchaser may cancel the order by e-mail or phone. To cancel an order a request shall be sent to the address firstname.lastname@example.org.
The prices of individual products are determined including the value added tax (VAT) in the amount of 22 % and all other taxes. The consumer has the possibility to learn about the term, for which the seller is committed by its offer including the prices.
Final price is stated in the order form directly before order sending, it is stated including the VAT and/or other taxes and fees (packing, postage, etc.) the consumer has to pay to get the product or service. The price may not be changed by the Seller one-sidedly.
The goods on stock are released latest in 5 days. The goods that are not on stock are always marked by the phrase “NOT ON STOCK” and you can check their availability by an inquiry sent to the e-mail: email@example.com. The delivery term of goods that are not on stock, however, that are available is 30 days maximum, in very rare instances a longer delivery term may be agreed upon.
The goods are sent via DPD courier service.
The purchaser pays the purchase price to the operator, either:
- at delivery (only for some countries),
- by a bank transfer,
- via cardpay (no extra payment),
- paypal (no extra payment).
The purchaser may use a discount coupon; if used, the purchaser will be provided the appropriate discount. Discount can not be used with products in sale.
Agreement with purchase contract
The item sold must have the quality, quantity, dimensions or weight required and/or stipulated by legal regulations and it must be free of defects, it must especially correspond to binding technical standards. If required to follow specific rules at the item use, especially if the use is governed by manual or if it is regulated by a technical standard, the seller is obliged to inform the purchaser about them, unless the rules are generally known. If the seller fails to fulfil this obligation, it is obliged to compensate the purchaser for the loss thus incurred.
The purchaser is obliged to check, whether the cover is intact and whether the shipment does not have any signs of damage. If finding any damage, it is needed to make a record/protocol of damage with the carrier's representative. According to a record made in this way and delivered to the seller the purchaser may subsequently refuse taking over the supplied merchandise with defect and subsequently file a complaint about a merchandise defect to the seller. If the purchaser finds any damage or other discrepancies only after taking the shipment over, the purchaser is obliged to contact the seller immediately. If the purchaser fails to do so, the claims from complaints claimed will only be acknowledged if the purchaser proves that the goods already had such defects at the time of takeover.
If the shipment is damaged, the purchaser shall not take the goods over and prepare a protocol with the courier company.
Complaint and its exercise
The seller is liable for defects the item sold has when taken over by the purchaser.
If a defect can be removed, the purchaser has the right to have it removed free of charge, on a timely and due basis. The seller is obliged to remove the defect without any useless delay. Instead of a defect removal, the purchaser may claim a replacement of the item or if the defect only relates to parts of the item, replacement of parts, unless the seller incurs no inappropriate expenses due to that with regard to the goods price and severity of the defect. The seller may always replace the defective item by a proper one instead of the defect removal, unless it causes serious problems to the purchaser.
If a defect cannot to be removed and it prevents the proper use of the item as an item free of any defect, the purchaser has the right for its replacement or to rescind from the contract. The purchaser has the same rights, if the defects are removable, however, due to repeated occurrence of the defect after the repair or higher number of defects the purchaser cannot use the item properly. If the defects are not removable, the purchaser has the right for appropriate discount from the item price.
The seller is obliged to determine the method of complaint processing immediately, in complicated issues latest in 8 working days from the complaint exercise, in substantiated cases – especially if so required by complicated technical assessment of the product or service condition, latest in 30 days from the complaint exercise. After determining the method of complaint processing, the complaint will be processed immediately, in substantiated instances it may be processed later; however, a compliant processing may not take more than 30 days from the day of a complaint exercise. After exercising the term for complaint processing the consumer has the right to rescind from the contract or the right for the product replacement by a new one. The seller shall confirm the complaint receipt immediately and it shall issue it to the consumer, however, it shall issue it with the document of complaint processing at the latest.
The period from exercising the right from the liability for defects up to the completion of complaint procedure (handing over a repaired product, written call to take over the fulfilment or its substantiated refusal) is not included in the guarantee period. If an item is replaced by a new one, the new guarantee period starts to run from the moment of takeover.
At the complaint exercise by the consumer in the first 12 months from the purchase the seller may process the complaint by a refusal only based on a written expert assessment; regardless of the outcome of expert assessment it is not possible to claim the payment of expenses on expert assessment from the consumer or other expenses relating to the expert assessment.
At the complaint exercise by a consumer after 12 months from the purchase, when the seller refuses it, the seller is obliged to state a party in the document of complaint processing, to which the consumer may send the product for an expert assessment. If the product is sent for expert assessment to a defined person, the expenses of such expert assessment and all other related and reasonably incurred expenses shall be borne by the seller regardless of the outcome of the expert assessment. If the consumer proves by an expert assessment the seller's liability for loss, the consumer may exercise the complaint again. During the expert assessment term, the guarantee period does not run. The seller is obliged to compensate the consumer in 14 days from re-exercising the compliant for all the costs incurred on the expert assessment and all the related reasonably incurred costs. A complaint re-exercised may not be refused.
The seller is obliged to deliver the confirmation of complaint to the consumer immediately, if it is not possible to deliver the confirmation immediately, it must be delivered without any useless delay, however, latest with the document about the complaint processing; the confirmation about the complaint processing does not have to be delivered, if the consumer has the possibility to prove the complaint exercise in another method.
If exercising the compliant, the consumer shall inform the seller about the complaint exercise via e-mail (to process the complaint as soon as possible) and send the goods packed in a package appropriate considering the transport with a defect description and a copy of the proof of purchase (and/or guarantee certificate, if issued) to the seller's address:
HERKUL shop, Ulica Kneza Koclja 11, 2000 Maribor, Slovenia
The purchaser has the right for the compensation of necessary costs incurred in respect to exercising the rights relating to the liability for defect.
Rescinding from contract
1. If the seller cannot fulfil its obligations arising for it from the purchase contract due to the stock being sold-out, unavailability of goods, or if the producer, importer or supplier of goods agreed upon in the purchase contract suspends production or makes significant changes preventing the fulfilment of the seller's obligations arising from the purchase contract or due to force majeure or if while exercising the best efforts that may be reasonably expected from it it is not able to supply the goods to the customer within the term stated hereunder or for a price stated in the order, the seller is obliged to inform the purchaser about this fact immediately and it is at the same time obliged to offer a substitute fulfilment to the purchaser or possibility for the purchaser to rescind from the purchase contract (to cancel the order). If the purchaser rescinds from the purchase contract for reasons stated in this point of the present Complaints and Business Terms and Conditions, the seller is obliged to refund the advance already paid for the merchandise agreed in the purchase contract to the seller in 14 days from a notification about rescinding from the contract by a transfer to the account stated by the purchaser.
2. According to Act No. 102/2014 Coll. on the Protection of Consumers in Sale of Goods or Provision of Services under remote contracts or contracts executed outside the business premises of the seller and on amendments and supplements to certain laws (hereinafter referred to as the “Act”) according to the provision of the Section 7 et seq. the consumer has the right to rescind from the purchase contract in 14 calendar days from the goods takeover. If the subject of the purchase contract is the goods delivery, the consumer has the right to rescind from the contract also before the good delivery.
3. If wishing the exercise the right, the consumer is obliged to deliver the written notice of rescinding from the purchase contract in person latest on the last day of the determined period to the seller's contact address or to hand it over for postal transport latest on the last day of the term to the address stated in contacts. After notifying the fact of rescinding from the contract the consumer is obliged to send or deliver in person the subject of the contract he/she rescinds from together with all documents– e.g. original invoice, manual and other documentation pertaining to the goods that was delivered to him/her with the goods, however, latest in 14 days from the day of rescinding (Section 10 Subsection 1 of the Act). We recommend to the purchasers to make a copy of the invoice for their own needs and to send the goods via registered mail and as an insured shipment. The purchaser must rescind from the contract in writing in the form not raising any doubts regarding rescinding from the contract or in the form of a record on permanent media.
4. Rescinding from a purchase contract according to previous point of the present Business Terms and Conditions and Complaints Terms and Conditions must include the following information: especially the purchaser's identification (first name and surname), order number and date, exact merchandise specification, method in which the seller shall return the fulfilment already provided, especially account number and/or purchaser's postal address.
5. Do not send the goods as a C.O.D. shipment, it will not be taken over.
6. The e-shop operator will refund the payment for goods / services including the costs of transport according to the provision of the Section 9 Subsection 3) of Act No. 102/2014 Coll. and expenses supportably incurred on goods ordering in 14 days from the delivery of the notice of rescinding from the contract, however, it does not have to refund the money before the goods are delivered to it and the consumer proves sending of goods, this does not apply, if the seller proposed it will pick up the goods on its own. When exercising the right for rescinding from the contract the consumer has the right for refunding the costs for the cheapest usual method of delivery offered by the seller.
7. The right to rescind from the contract does not apply to goods and services specified in the Section 7 Subsection 6 (a) to (l) of Act No. 102/2014 Coll., the subject of which is represented by:
-sale of goods made according to consumer´s specific requirements, made-to-order goods or goods determined specifically for one consumer.
8. The consumer shall bear any deterioration of the goods value caused by its use beyond the scope needed to find the goods functioning and features.
Personal data protection
1. The parties agreed that if the purchaser is a natural person, he/she is obliged to notify the seller in the order about his/her first name and surname, permanent residence including ZIP code, telephone number and e-mail address.
2. The parties agreed that if the purchaser is a legal entity it is obliged to notify the seller in its order about its business name, registered office address including ZIP code, Company ID, telephone and e-mail address.
3. The purchaser may check and change the personal data provided anytime.
4. The seller hereby notifies the purchaser that according to the provision of the Section 10 Subsection 3 (b) of Act No. 122/2013 Coll. on Personal Data Protection and on amendments and supplements to certain laws as amended (hereinafter referred to as the “Act on personal data protection”) the seller as the operator will process the purchaser's personal data during purchase contract making process without the purchaser's consent as the party involved, because the purchaser's personal data processing will be done by the seller in pre-contract relations with the purchaser and processing the purchaser´s personal data is necessary for the fulfilment from the purchase contract, where the purchaser is one of the contracting parties.
5. By ticking an appropriate box before sending the order, the purchaser may express his/her/its consent according to the provision of the Section 11 Subsection 1 of the Act that the seller processes and stores his/her/its personal data, especially that stated above and/or needed at the seller's activity relating to sending of information about new products, discounts and special offers in respect to goods offered and to process it in all its IS, relating to sending of information about new products, discounts and special offers in respect to goods offered.
6. The seller undertakes to handle the purchaser's personal data in compliance with valid legal regulations of Slovenia.
7. The seller declares that in compliance with the provision of the Section 6 Subsection 2 (c) of the Act on personal data protection it will only obtain the personal data for the purpose stated in the present Business Terms and Conditions and Complaints Terms and Conditions.
8. The seller declares that in compliance with the provision of the Section 6 Subsection 2 (e) of the Act on personal data protection it will obtain personal data for purposes other than stated in the present Business Terms and Conditions and Complaints Terms and Conditions separately and it will ensure that the personal data is processed and used only in the method corresponding to the purpose for which it is collected and that it will not associate it with personal data obtained for other purposes.
9. The purchaser grants his/her/its consent to the seller according to the point 5 of the present Business Terms and Conditions and Complaints Terms and Conditions for definite period of time until the fulfilment of the purpose of purchaser's personal data processing. After fulfilling the purpose of processing, the seller will provide for purchaser's personal data liquidation without any delay. The purchaser may revoke the consent with personal data processing anytime in writing. The consent will expire in 1 month from the delivery of revocation of the consent by the purchaser to the seller.
10. Before order sending the purchaser will be asked to confirm by ticking the box before order sending that the seller informed the purchaser in a sufficient, understandable and unambiguous way about:
a) its identification data provided in the Article 1 of the present Business Terms and Conditions and Complaints Terms and Conditions,
b) identification data of a third party, which is a company that will deliver the goods ordered to the purchaser in such a way that the data is provided in acceptation,
c) the purpose of personal data processing, which is making the purchase contract between the seller and the purchaser,
d) that it will process the purchaser's personal data in the scope of the first name and surname, address of permanent residence including the ZIP code, phone number and e-mail address, if the purchaser is a natural person and in the scope of the business name, registered office address including the ZIP code, Company ID , phone number and e-mail address, if the purchaser is a legal entity,
e) that the purchaser is obliged to provide the personal data required.
11. The seller declares that it will process the personal data in compliance with good manners and it will act in the way not contradicting the Act on personal data protection or other generally binding legal regulations and it will not circumvent them. The seller declares that the consent of the person involved will not be forced or conditioned by the threat of refusing the contract, service, goods or obligation of the seller.
12. The purchaser has the right based on a written request to claim the Seller to provide:
a) a confirmation, whether the personal data about the purchaser is processed or not,
b) the purpose of personal data processing,
c) in generally understandable form information about processing the purchaser's personal data in the IS and its state and scope:
d) the identification data of the seller and its representative, if appointed,
e) the identification data of the intermediary; this does not apply, if the seller, when obtaining the personal data does not proceed according to the Section 8 of the Act on personal data protection,
f) in generally understandable form precise information about the source, from which its personal data had been obtained for processing,
g) in generally understandable form transcript of purchaser's personal data that is subject of processing,
h) additional information needed with regard to all circumstances and conditions of personal data processing by the purchaser to guarantee purchaser´s rights and interests protected by law, especially
i) information about voluntary or obligatory provision of personal data; if the seller obtains the purchaser's personal data based on the purchaser's consent according to the Section 11 of the Act on personal data protection, it will also inform the purchaser about the term of the consent validity, and if the purchaser's obligation to provide the personal data results directly from enforceable legally binding act of the EU, international covenant, by which Slovenia is committed or law, the seller will inform the purchaser about the legal basis imposing such obligation and it will notify the purchaser about the consequences of refusing to provide the personal data,
j) information about third parties, if it is presumed or is obvious that the personal data will be provided to them,
k) group of recipients, if it is presumed or obvious that the personal data will be made available to them,
l) form of publishing, if the personal data is to be published,
m) third countries, if it is presumed or obvious that the personal data will be transmitted to such countries,
n) correction of incorrect, incomplete or out-of-data data that is subject of processing,
o) liquidation of purchaser's personal data, if the purpose of its processing is fulfilled; if official documents comprising personal data are subject of processing, the purchaser may request returning it,
p) liquidation of purchaser's personal data that is subject of processing, if the Act on personal data protection or other valid legal regulation of the Slovenia is violated.
13. The purchaser based on a free written order has the right to object to the seller against:
a) processing the purchaser's personal data, about which the purchaser presumes that it is or will be processed for direct marketing purposes without purchaser´s consent and claim its liquidation,
b) use of personal data stated in the Section 10 Subsection 3 (d) for direct marketing purposes in postal contact or
c) provision of personal data stated in the Section 10 Subsection 3 (d) for direct marketing purposes.
14. The purchaser has the right based on a free written request to object to the seller against the purchaser's personal data processing in instances according to the Section 10 Subsection 3 (a), (e), (f) or (g) of the Act on personal data protection by expressing justified reasons or submitting evidence about unauthorised intervention in purchaser's rights and interests protected by law, which are or may be harmed in a specific instance by such personal data processing; if not prevented by legal reasons and if it is proved that the purchaser's objection is justified, the seller is obliged to block and liquidate immediately, if the circumstances permit it, the personal data, processing which is objected by the purchaser.
15. The purchaser based on a written request or in person, if the issue would not suffer any delay, also has the right to object to the seller anytime and not to submit to the seller´s decision that would have legal effects or important consequences on the purchaser, if such decision is issued exclusively based on the acts of automated processing of purchaser's personal data. The purchaser has the right to ask the seller to examine the issued decision in the method different from automated form of processing, whereas the seller is obliged to satisfy the purchaser's request in such a way that the decisive role at examining the decision will be played by the person authorised; the seller will inform the purchaser about the method of examination and the result of finding. The purchaser does not have this right only if so stipulated by a special law regulating measures to ensure justified interests of a purchaser or if the seller issued a decision within pre-contract relations or during the existence of contract relations, by which it satisfied the purchaser's request or if the seller according to the contract adopted other appropriate measures to ensure purchaser's justified interests.
16. If the purchaser exercises his/her/its right in writing and it results from the content of his/her/its request that the purchaser is exercising his/her/its right, the request is deemed filed according to this law; the purchaser shall deliver a request filed by e-mail or fax in writing latest in three days from the date it is sent.
17. If the purchaser has any suspicion that his/her/its personal data is processed without authorisation, the purchaser may notify the Office for Personal Data Protection about it. If the purchaser is not capable of legal acts in full scope, the purchaser's rights may be exercised by the purchaser's legal representative.
18. The Seller is obliged to respond to the purchaser's request in writing according to this article of the present Business Terms and Conditions and Complaints Terms and Conditions or to meet the Purchaser's requirements according to the Act on personal data protection and to inform the purchaser accordingly in writing latest in 30 days from the request or requirement receipt.
19. The seller shall report the restriction of purchaser's rights according to the Section 28 Subsection 2 of the Act on personal data protection immediately to the party involved and the Office for Personal Data Protection.
20. The seller hereby informs the purchaser that in compliance with the provision of the Section 15 Subsection 1 (e) points 3 and 4 of the Act on personal data protection it is expected at purchaser's personal data processing that the purchaser's personal data will be provided and made available to the following third parties and/or groups of recipients (delivery service).
21. The IS of the seller's electronic commerce are registered according to Act No. 122/2013 Coll. on Personal Data Protection.
These Business Terms and Conditions apply in the wording published on the website www.morethanfit.eu on the day of order sending by the purchaser, who accepts them without any reservation, which fact the purchaser confirms by an active click when confirming the order.
The operator reserves the right for potential amendment or supplement to the Business Terms and Conditions. However, the wording valid at the time of order making applies to orders made already.
The present Business Terms and Conditions assume effect on 12 December 2018.
These Business Terms and Conditions have been consulted with the civil association.
Should you have any questions relating to these Business Terms and Conditions, you can contact firstname.lastname@example.org.