1.1 These General Commercial Terms and Conditions of WiVia.com (hereinafter "the GCTC") set out the main rules and principles according to which commercial relations are conducted between ecomVia s.r.o. and consumers.
2.1 Seller, eShop operator - means the company ecomVia s.r.o., registered ID 313 64 799, tax identification number 2020352895, VAT identification number SK2020352895. The Company is registered in the Commercial Register of Bratislava I District Court, Section Sro, File Number 6318/B, and has its registered office at SNP 119, SK-908 73 Velke Levare, Slovakia. The address to which post for the Company should be sent and from where the Company sends goods is: ul. SNP 120, 908 73 Velke Levare, Slovakia Consumer means a person who, in concluding and fulfilling a consumer contract, acts outside the scope of his trade or other business activity. Member State means a state that is a full member of the European Union. Goods - means any goods and products which a supplier sells on the basis of either an authorisation, or a contract with a producer or distributor stated in the offering and the applicable price list.
2.2 Any sale of goods carried out through the eShop during the validity period of the GCTC shall be subject to the GCTC.
2.3 It is incumbent on the consumer prior to ordering goods to make itself thoroughly familiar with the GCTC and with the purchase and claims procedures.
2.4 Upon ordering goods through the eShop, the consumer is bound by the GCTC.
2.5 The seller reserves the right to change the GCTC, the applicable version of which may be found on the internet at www.wivia.com (General Commercial Terms and Conditions). The GCTC enter into force on the date stated as the date of their entry into force, and they repeal preceding provisions and practices. The seller reserves the right to change the GCTC without notice.
3.1 The consumer may withdraw from a purchase order on the following grounds:
a) delivery of the ordered goods has been delayed without the seller giving prior notice or stating a reason;
b) the goods have not been delivered before the end of a reasonable extension period provided in accordance with paragraphs 5.2 and 5.5 of the GCTC.
3.2 In order to withdraw from a purchase order on the abovementioned grounds, the Consumer must give notice in writing and deliver it in accordance with legal requirements.
3.3 The consumer is also entitled to withdraw from a purchase order under the conditions stated in Article 7 of the GCTC.
3.4 The seller is entitled to withdraw from a purchase order:
a) if the buyer makes it impossible for the seller to perform the delivery or to continue fulfilling the purchase order, or the buyer continues to cause a delay despite the fact that a reasonable extension period has
been provided;
b) if the delivery deadline has been extended for more than 6 months due to circumstances stated in Article 5.5 of the GCTC;
c) if there is reason to suspect that the buyer has sought to deceive the supplier by giving false, misleading or incorrect information;
d) if there is reason to suspect that the seller's eShop has been attacked by a computer hacker or a similar kind of destructive activity or attack.
4.1 The consumer shall take note of the seller's contact information for the purpose of reporting a breakdown and for applying the guarantee on the delivered goods. The contact information is given on the web site of the supplier: www.wivia.com.
4.2 Without prejudice to other provisions of the contract, the seller shall not be liable to the buyer for any profit lost, opportunity missed, or other loss indirectly or directly resulting from negligence, breach of the contract or another cause.
4.3 The consumer confirms that the goods will neither be sold nor licensed to a third person whom it knows or has reason to suspect would use them directly or indirectly for nuclear activities listed in the U.S. Export Administration Regulations section 778.3(b) (1), (2) and (3), regardless of whether they are specially designated or modified for such purposes. The consumer also confirms that the goods will not be designated or used for the design, development, production or use of rockets or rocket projects, nor for equipment that enables crime or terrorist activity whose objective is to threaten individuals or groups of people.
4.4 After taking possession of equipment and prior to putting it into operation, the consumer shall read in detail the accompanying operating instructions. It shall use the equipment in accordance with the operating instructions. The seller shall not provide a guarantee against any damage or loss caused to the consumer or a third party as a result of the operating instructions or technical conditions not being adhered to.
5.1 The seller is not liable for any defects in or damage to the ordered goods which arise after the goods are transferred to the first shipper for shipment to the consumer. The seller shall enable the consumer to enforce its rights under the shipping contract against the shipper.
5.2 The agreed delivery period shall be applied provided that it has not been affected by circumstances that were unforeseen or outside the control of the contracting parties, in other words, circumstances excluding liability. These include, for example, instances of force majeure that prevent adherence to the delivery period, armed conflict, official intervention, delay arising from shipment or customs clearance, and damage caused during shipment as a result of extraordinary circumstances. In the event of such circumstances, the seller is entitled to extend the delivery period and it has a duty to notify the consumer of such circumstance without delay.
5.3 The delivery period for the goods, any penalties for non-adherence to the delivery period, and damage caused to the consumer as a result of delay are the subject matter of a separate written agreement between the seller and consumer, drawn up on a sale-by-sale basis.
5.4 Title to the goods is transferred to the consumer upon payment of the purchase price in full.
5.5 The buyer assumes the risk of damage to the goods when it countersigns the delivery document to take delivery of the goods.
5.6 For shipment of the goods, the seller shall hand over to the shipper the goods, covering letter, delivery note, and tax documents. The consumer when taking delivery of the consignment is required, in the presence of an employee of the shipper, to check that the state of the consignment is in accordance with the shipping document (that the number of parcels is correct, that there are no breakages, that the packaging is undamaged) and to refuse to take delivery of the consignment if it is incomplete or damaged. In the event that the consignment is defective, the consumer and the shipper shall there and then make a report on the defects found to have been caused during shipment.
5.7 The consumer by signing the shipping documents confirms the delivery and completeness of the consignment and relinquishes any right to claim that the delivery was incomplete or damaged. The consumer bears liability for taking delivery of a damaged package, and any claim subsequently made on these grounds shall not be upheld.
5.8 If the consumer finds a defect caused during shipment which is not apparent in the form of damage to the packaging, incompleteness of the delivery, or substitution of the goods, then the consumer is entitled to make a claim, not later than two days after taking delivery of the consignment, to the e-mail address support@wivia.com. The consumer will be contacted by a member of the support staff and will proceed in accordance with their instructions. The delivery shall otherwise be deemed complete and without defect.
5.9 Any later claim that the delivery was incomplete, or that the goods were substituted or damaged during shipment, shall not be accepted.
5.10 Where a shipping service is being used, the goods, invoices and accompanying documents shall be handed over to the shipper. The seller shall indicate in the delivery note or the covering letter that this has been done.
5.11 The seller reserves the right not to take back delivery of goods that the consumer has duly ordered and paid for. In the event that the seller agrees to take back the goods, it is entitled to set a repurchase
price based on the current price of the goods and also to impose a cancellation charge of up to 30% of the current price of the goods. The seller shall make payment for the returned goods on the basis of a credit note issued according to the
following procedure:
a) The seller shall set off the credit note against other receivables owed by the consumer;
b) The payment shall be made exclusively to the bank account of the consumer, within a maturity period of 7 working days.
5.12 Where the seller has agreed to the return of goods which the consumer is not able to return in the original condition, or whose value has decreased (as a result of partial wear and tear), the consumer is required to make up the price difference in cash, which means the reduction in value will be set off against the repurchase price.
6.1 The consumer buys the goods at the price charged for them when the order was made.
6.2 Where the goods are sold specially to order or marked "not to be stored", the seller shall give the consumer written confirmation of the price in advance by sending the offer price via e-mail. The seller is entitled to change this price in accordance with current development in the market.
6.3 If the consumer does not agree to a proposed change in the price, it shall not confirm the order and the sale shall not be carried out.
6.4 The price covers storage of the goods by the seller - at the place stated in the supplier's contact data - and it does not cover costs of transportation and insurance.
7.1 The eShop operator shall confirm in electronic form the receipt of the purchase order and the concluding of the contract with the consumer, drawn up through the eShop immediately after the goods order has been delivered.
7.2 The purchase order, receipt confirmation and contract confirmation shall be deemed delivered if the addressee is able to access it by means of their electronic equipment.
7.3 The eShop operator shall include in the introductory page of the eShop the applicable version of the GCTC and the claims procedure, which clearly inform the consumer about the contractual periods and contractual conditions, as well as any special administrative procedures, and which allow the consumer to reproduce the basic terms of the contract in electronic form. In the event that this information is inaccessible or restricted to the buyer due to a technical defect in the means of communication, the buyer shall inform the eShop operator of this fact without delay. The eShop operator shall perform whatever measures are necessary to remove this defect and make the information available to the buyer.
7.4 Only final consumers are entitled to withdraw from a contract concluded by means of distance communication through the eShop.
7.5 The eShop operator shall apply the provisions of paragraphs 7.1, 7.2 and 7.4 where the ordering party is the final consumer (not for persons acting within the scope of their trade or other business activity).
8.1 Where the sale of goods (or the performance of the subject matter of the delivery) is carried out on the basis of a contract concluded by means of distance communication (in this case, the eShop), the consumer is entitled, in accordance with Act No.108/2000 Coll., to withdraw from the contract within 14 days from taking the delivery.
8.2 This period shall be set at 3 months where the eShop operator has not provided the consumer with the information that it is required by law to provide. As of the day that the information is duly provided during the 3-month period, then this period shall terminate and the 14-day period shall begin.
8.3 For a consumer to withdraw from the contract during this period, the following conditions must be fulfilled:
8.3.1 Notice of withdrawal must be served (ideally by e-mail to the address: billing(at)wivia.com) in the following wording: "I hereby express my wish to withdraw unilaterally from contract no. (invoice no.) concluded on DD.MM.YYYY, and I request reimbursement of the amount paid for the goods, USD (EUR).., to the bank account no. ..........., maintained at the following financial institution: ................... . (Date and full name of the consumer)".
8.3.2 The goods must be sent to the address of the seller/eShop operator together with the notice of withdrawal and a copy of the document confirming receipt of the goods (invoice, delivery note, or shipping document).
8.3.3 The goods returned to the address of the seller must be in the original and undamaged packaging and they must be complete (including accessories, certificate of guarantee, instructions, and the like).
8.3.4 The consumer shall bear the cost of insuring the goods against damage and destruction during shipment and the cost of shipment to the seller.
8.3.5 Where the seller has agreed to the return of goods which the consumer is not able to return in the original condition, or whose value has decreased (as a result of partial wear and tear), the consumer is required to make up the price difference in cash, which means the reduction in value will be set off against the repurchase price.
8.4 In the event that the returned goods are uninsured and become damaged during shipment and that any of the abovementioned requirements have not been met, then the seller is entitled to refuse to accept the goods or to reduce the amount reimbursed for the goods with regard to the provisions stated in paragraph 8.9.5 of the GCTC. This also applies where the seller incurs other costs related to the receipt of returned goods, for example, a miscalculated shipping charge.
8.5 The consumer may not withdraw from the contract in the following cases:
8.5.1 Where the delivery contract is for computer programs or picture and sound carriers, and the consumer has broken the original packaging;
8.5.2 Where the subject matter is a service, and the provision of the service began with the consumer's consent prior to the end of the period during which the consumer may withdraw from the contract;
8.5.3 Where the contract of sale is for goods prepared to the special requirements of the consumer, or for goods designated for a specific consumer, or for goods of such a nature that they cannot be returned, or for goods undergoing rapid deterioration;
8.5.4 Where the contract is for the delivery of goods or services whose price is pegged to fluctuations in the financial market over which the supplier has no control.
8.5.5 Where the sold goods are newspapers, magazines or periodical print media;
8.5.6 Where the sold goods are consumable materials, data media, refill kits, or other goods whose value has been reduced by the consumption of any part thereof and the goods cannot be returned to the state they were in prior to purchase.
8.6 If all the abovementioned conditions have been fulfilled, the seller shall credit the reimbursement for the returned goods to the bank account of the buyer and shall do so not later than 15 days after taking delivery of the goods. It is not permitted to make reimbursement for the goods by means of cash or money order.
8.7 Where any of the abovementioned conditions have not been fulfilled, the seller will not accept the consumer's withdrawal from the contract and will return the goods at its expense. The seller is entitled to charge the buyer for the return shipment charge and other costs related to the return of the goods.
9.1 The consumer has a duty to familiarise itself with the supplier's procedure for making a claim. When making a claim, the consumer shall properly complete the claim protocol and follow the seller's claim procedure.
9.2 The consumer prior to selecting the goods is required to make itself familiar with their technical and functional properties, on the basis of either the technical information made available by the seller or generally accessible information; the seller is not under a direct duty to demonstrate in each sale the functionality of the purchased goods.
9.3 Details about the offered goods are illustrative and informational in character, and may differ in minor details from the delivered goods.
9.4 The seller is not liable for any damage arising from a failure to use a particular product in accordance with the instructions, or without prior verifiable consultation with the seller. Likewise, during the guarantee period, the seller does not accept liability for damage caused by handling of the goods that was clearly incorrect.
9.5 The guarantee period for the delivered goods and goods presented in the eShop, including accessories, is 3 months, beginning from the day the consumer takes delivery of the goods in accordance with paragraph 5.5 of the GCTC.
9.6 The guarantee covers defects caused by the fault of the seller during fitting and installation, or by deficient equipment, and it does not cover defects caused by non-adherence to the installation requirements, the straining of parts beyond what the seller has recognised to be their capacity, and the irresponsible or incorrect handling and use of unsuitable operating materials. The same applies to defects originating in the material. Nor does the seller guarantee against the actions of third persons, atmospheric discharges, and excessive subjection and exposure to chemically aggressive conditions, high temperature, an electrical field or a magnetic field.
9.7 The guarantee does not extend to the replacement of parts which are subject to natural wear and tear.
9.8 The seller is not liable for defects in the goods and does not provide a guarantee in accordance with the GCTC for goods whose production number has been removed or damaged, nor for goods affected by mechanical damage after the consumer has taken delivery of them and where the consumer has failed to point out the damage within the stipulated period.
9.9 The guarantee and right to make a claim expire immediately if, without consent in writing from the seller, the consumer or a third person not expressly authorised by the seller or producer of the delivered goods makes a change or repair to the goods. The seller reserves the right not to recognise receivables arising from such action.
9.10 If the consumer does not adhere to the generally applicable conditions, stated in the operating instructions, for installation, launch of operation, or use, or does not adhere to the technical conditions stated in the homologation, then it shall be liable for any damage caused as a result.
9.11 Where a claim concerns goods which need to be sent to the producer for repair, the seller reserves the right to extend the period for handling the claim by the period necessary to perform the repair. The seller shall inform the consumer of this fact in writing.
9.12 The guarantee may only be applied if the defective goods are returned in their original packaging together with accessories and a copy of the delivery note and a completed claim protocol (obtainable from the supplier's web site). The supplier will send the claim protocol by post upon request.
9.13 The completed claim protocol must include a description of the defect and the name of the person who verified and described the defect. If these conditions have not been met, the seller reserves the right to return the goods to the consumer at the consumer's cost.
9.14 The seller shall have the repair guarantee and service guarantee fulfilled at the place stated in the contact details, or stated on the delivery note, or at a place separately notified to the consumer when the contract of sale for the goods was concluded or when the claim about the goods was made.
9.15 There is no charge for a legitimate claim under guarantee. Regarding the goods which are the subject of the claim, the cost of shipping them to the seller shall be paid by the consumer, and, if the claim is upheld, the cost of shipping them back to the consumer shall be paid by the seller. If the claim is not upheld, the consumer shall be required to pay all costs related to the handling of the claim. The seller is entitled to impose on the consumer a handling fee in the amount stated in the price list.
9.16 The seller does not bear liability, and will not fulfil the conditions laid down for a claim under guarantee, where it ascertains during a technical service that the breakdown has been caused by a computer virus penetrating the delivered equipment, program drivers or application software, or that there has been other unauthorised use of the program products, breach of copyright or breach of the licence conditions stated by the producer of the program equipment.
9.17 The seller does not bear liability for any loss of the consumer's data that was properly stored and it is not required, during the guarantee period for the equipment, to return the applications or data to their original state.
9.18 At the same time, the consumer undertakes to reimburse the seller for all costs related to the removal of any defects not covered by the guarantee.
10.1 The consumer is not authorised without the prior consent of the seller to provide to a third party any information it has obtained about the seller, nor to handle such information in way that could allow a market rival to damage the seller.
10.2 The seller shall take reasonable measures to maintain the technical equipment by which electronic communication between the seller and consumer is conducted (www servers and e-mail servers) so that there is protection against leaking or unauthorised handling of commercial information.
10.3 The consumer is fully aware of its responsibility and the possible consequences arising from any misuse of the passwords by which it logs into the seller's electronic applications.
10.4 The seller undertakes to keep data on the consumer confidential and to protect it from being misused in any way.
10.5 The consumer's personal data, comprising its name, address, telephone number, and e-mail address, will only be used for processing the respective order, delivering the goods, charging payment and for necessary communication with the buyer. The consumer undertakes to provide accurate and authentic information.
10.6 The consumer's personal data shall not be sold, lent, or otherwise provided to any third party, except the company responsible for delivery of the goods, which shall be furnished only with that data required to make the successful delivery.
10.7 Data on sales and on purchases by the consumer shall be stored in a secure database and shall be used for the seller's internal statistical analyses with the aim of providing better and more effective e-business services. The seller may provide a reputable third party or the public with a summary of statistical information on visits to its eShop, its turnover and other relevant information, provided that these statistics contain no information that could lead to the identification of a particular buyer.
10.8 Upon making an order through the eShop, the consumer consents to the gathering, processing and use of information in accordance with the rules and provisions of Article 10 of the GCTC.
11.1 The seller, in accordance with the Act on Waste and the respective Directive of the European Union, shall mark the goods with a symbol which informs the buyer about how the goods should be handled at the end of their lifespan. So also the seller shall indicate on the goods the waste type of the equipment which it puts on the market (typically the category of the equipment: information technology and telecommunications equipment - electronic waste)
11.2 If for whatever reason the goods, delivered by the seller, are not marked in this way, or the marking is damaged or illegible, the consumer shall inform the seller of this fact without delay. The seller shall take the necessary steps to remove this shortcoming and to mark the goods correctly.
11.3 The consumer notes that goods categorised into the abovementioned waste type must not be disposed of together with unsorted municipal waste, but, unless stipulated otherwise, must be deposited at a place designated for this purpose. If a battery or accumulator makes up part of the delivered goods, the consumer shall in addition follow the instructions for the disposal of the battery or accumulator.
11.4 Where the delivered goods have reached the end of their lifespan, the seller shall take them back without charge. After taking back the goods, the seller shall hand them over to a processor of electronic waste.
11.5 Where the delivered goods have reached the end of their lifespan, the consumer is entitled to dispose of them without charge through a takeback system or separated collection system.
11.6 When taking back goods, the seller reserves the right to require from the consumer documentation on the method by which the goods were acquired from the seller and on the payment of any recycling charge; the consumer will usually meet this requirement by submitting a copy of the sales document or by checking the production number of the goods. The seller reserves the right to refuse to take back goods where the consumer is unable to provide credible documentation of their acquisition, in other words, of their purchase from the seller.
11.7 The seller may refuse to take back goods if the goods handed over do not include basic components, if they contain waste, or if they pose a contamination risk to the health and safety of the seller's staff.
11.8 The handling of goods which were sold through the eShop and which have come to the end of their lifespan is governed by the law of the country in which the seller has its registered office. The consumer is entitled to deliver the goods to the takeback system of another authorised person in a Member State.
12.1 In the event that a competent body of the Slovak Republic holds that any of the terms and conditions of the GCTC are invalid or unenforceable, either in whole or in part, the validity and enforceability of the other provisions or other part of the provision in question shall not be affected.
12.2 Any contractual dispute arising under an order accepted through the eShop, including any dispute on the existence or non-existence of a consumer contract, may only be resolved by a court of the Slovak Republic within whose material and territorial jurisdiction the registered office of the seller falls. The seller who is a provider of information society services in a Member State shall be judged in accordance with law of the Member State in which it has its registered office - the contractual relationship shall be subject to the law of the Slovak Republic.
12.3 Any legal relations not expressly governed herein, and any disputes arising from such terms and conditions, are governed by the respective provisions of either the Commercial Code or Civil Code of the Slovak
Republic and by the following Directives of the European Parliament and European Council:
- Directive 2000/31/EC - the Directive on electronic commerce
- Council Directive 93/13/EEC - on unfair terms in consumer contracts
- Directive 2005/29/EC - on unfair business-to-consumer commercial practices in the internal market
- Directive 97/7/EC - on the protection of consumers in respect of distance contracts
- Directive 2002/95/EC - on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
These terms and conditions enter into force on August 1st, 2006.
