These Terms and Conditions are governed by the laws of the Slovak Republic.
Business name: MAXPLAZA s.r.o.
Headquarters: Štefánikova 21/111, 917 01 Trnava
VAT NUMBER: SK212120793851
we are VAT payers
sells via its website www.maxplaza.sk the goods to the Customer (hereinafter referred to as the “Customer”) only according to the following General Terms and Conditions (hereinafter referred to as the “GTC”).
- Order, conclusion of contract
1.1. The display of products in the online shop does not constitute a legally binding offer, but only a non-binding online catalogue and should be understood as an invitation to submit a proposal by the client.
1.2. The client can choose from the range of MAXPLAZA s.r.o. products and collect them in the so-called shopping cart via the “select” button. When ordering, the client must provide his name, surname, home address and e-mail address. By clicking on the “Submit Order” button, the client submits a binding proposal for the purchase of the goods in the shopping cart. However, this proposal can only be processed and handled if the client accepts these General Terms and Conditions by clicking on the “GTC read and accepted” button and thus submits to them in case of acceptance of his proposal.
1.3. MAXPLAZA s.r.o. will confirm the receipt of the order to the client immediately by electronic message (e-mail), in which the client’s order will be stated once again. Confirmation of receipt of the order, which contains the order data, the GTC of MAXPLAZA s.r.o. and other information within the meaning of § 10 par. 1 of the Slovak Act No.108/2000 Coll. on consumer protection in door-to-door sales and mail order sales, as amended (hereinafter referred to as the “Consumer Protection Act”), does not constitute acceptance of the proposal, which is explicitly stated in this confirmation.
1.4. The conclusion of the purchase contract takes place when MAXPLAZA s.r.o. accepts the client’s proposal by procuring the removal of the goods according to the client’s order. MAXPLAZA s.r.o. will send an e-mail confirmation to the client. If MAXPLAZA s.r.o. does not accept the client’s proposal, MAXPLAZA s.r.o. will immediately inform the client of this fact.
1.5. The invoice is usually sent together with the goods, in case of prepayment the invoice is sent in a confirmation email.
1.6. In the case of orders received through cooperation with other websites, these will be processed in the same way as orders from the www.maxplaza.sk website and are under the responsibility of www.maxplaza.sk
- Delivery, availability of goods
2.1. Delivery of the goods will be made by a carrier selected by MAXPLAZA s.r.o. The delivery of the goods shall be made only within the territory of the Slovak Republic, the Czech Republic and to the address specified by the client.
2.2. If in case of delivery of the goods to the address specified by the client, the client would not be able to take delivery of the goods – e.g. because he will not be at home – he must immediately contact the carrier who left the message. If the carrier is not reachable, the client can also contact directlyMAXPLAZA s.r.o. In the event that the client does not take delivery of the goods within fourteen days after the first delivery attempt, the carrier shall return the goods to MAXPLAZA s.r.o. at the client’s expense.
2.3. If the product selected by the client cannot be permanently delivered, MAXPLAZA s.r.o. shall immediately notify the client of this fact. MAXPLAZA s.r.o. will refrain from accepting the client’s proposal in this case. There will be no conclusion of the contract in this case. If the client has already made payments, they will be refunded immediately. MAXPLAZA s.r.o. shall not be liable for any damages incurred by the client due to the fact that the selected product cannot be permanently delivered. MAXPLAZA s.r.o. shall only be liable for any damages incurred by the client as a result of the delay in notification of the permanent impossibility of delivery of the selected product if the delay was caused intentionally or by gross negligence.
2.4. If the product indicated by the client in the order is temporarily unavailable, MAXPLAZA s.r.o. will immediately notify the client of this fact. If the delivery of the goods is delayed by more than two weeks, the client is entitled to withdraw his purchase proposal, but must do so within one week of notification of the delay in delivery. In this case, payments already made by the client will be refunded immediately. MAXPLAZA s.r.o. shall only be liable for any damages incurred by the client as a result of late notification of delayed delivery if the delay was caused intentionally or by gross negligence. If the delivery time from the manufacturer of the ordered goods is more than 14 days, MAXPLAZA s.r.o. shall immediately inform the client of this fact. If even the manufacturer does not know the delivery date, MAXPLAZA s.r.o. may unilaterally cancel the order and, if the goods have already been paid for, refund the value of the goods, without any penalty.
2.5 If the product selected by the client and specified in the order cannot be delivered, MAXPLAZA s.r.o. will immediately offer alternative products.
- Purchase price, delivery costs
3.1. The purchase price of the respective goods is determined according to the price list of MAXPLAZA s.r.o. currently valid on the day of the order, which can be viewed at www.maxplaza.sk. All prices are inclusive of VAT.
3.2. A delivery fee of € 3,80,- per package is applied.
- Method of payment
4.1. The purchase price is payable immediately upon delivery of the client’s order to MAXPLAZA s.r.o.
4.2. Should MAXPLAZA s.r.o. fail to procure the removal of the goods from the client (see clause 1.4.), MAXPLAZA s.r.o. shall immediately refund the purchase price already received, if any, to the client.
4.3. The client can make the payment by credit card, cash on delivery or bank transfer.
4.3.1 By payment card: we accept payment cards of the following types: VISA, Mastercard 4.3.2 By bank transfer to the account number: 1080822008/1111, IBAN: SK39 1111 0000 0010 8082 2008 (UniCredit Bank Slovakia a.s.) BIC/SWIFT: UNCRSKBX. To speed up the dispatch of goods and to identify the payment, please indicate the variable symbol.
4.4. The Client shall not be entitled to withhold or set off payments on account of security claims or other counterclaims; this shall not apply if the Client would have such a right by law as a consumer within the meaning of Section 1 of the Consumer Protection Act.
4.5. If the client is in default of payment, MAXPLAZA s.r.o. has the right – independently of the application of the retention of title under point 6. – for the payment of default interest pursuant to § 517 par. 2 of the Slovak Civil Code.
- Reservation of ownership
The goods remain the property of MAXPLAZA s.r.o. until full payment of the purchase price. If the client is in default of payment of the purchase price for more than fourteen days, MAXPLAZA s.r.o. has the right to withdraw from the contract and demand the return of the goods.
6.Fulfilment of contractual obligations by MAXPLAZA s.r.o.
The contractual obligations of MAXPLAZA s.r.o. are fulfilled at the moment when the client receives the ordered goods
- Information on the right to withdraw from the contract under Section 12 of the Consumer Protection Act
7.1. If the client is a consumer, he can withdraw from the contract within fourteen days. This period shall commence from the date on which the goods are received by the client. In order to preserve the withdrawal period, it is sufficient to send a timely withdrawal statement by letter or e-mail to one of the following addresses:
MAXPLAZA s.r.o., Štefánikova 21/111, 917 01 Trnava
7.2. In the event of an effective withdrawal from the contract, the mutually provided services must be returned. MAXPLAZA s.r.o. will refund to the client the payments already made by the client and will reimburse the client for the necessary and reasonable costs incurred by the client in connection with the ordering of the goods. The client must return the goods received to MAXPLAZA s.r.o. and, if the goods have already been used, must pay reasonable compensation for their use, including compensation for any damage caused by their deterioration. The return of the goods will take place by MAXPLAZA s.r.o. picking them up. The cost of returning the goods is borne by the client as a consumer only if the product fully complies with the quality requirements and is not defective, while it is agreed that these costs amount to 3,80,- € To arrange a date for picking up the goods, the client must contact MAXPLAZA s.r.o. at the following telephone number:
7.3. The benefits resulting from withdrawal from the contract must be returned within fifteen days. This period begins to run when the client sends the notice of withdrawal from the contract respectively. the dispatch of the goods, if this is considered an implied withdrawal from the contract; MAXPLAZA s.r.o. starts this period upon receipt of the goods.
8.1. If the delivered goods are defective, the client is entitled to demand repair, replacement, reasonable price reduction or withdrawal from the contract within the framework of the statutory provisions (§ 622 et seq. of the Slovak Civil Code). If the client is not a consumer within the meaning of § 1 of the Consumer Protection Act, MAXPLAZA s.r.o. has the right to determine the manner in which the guarantee is performed. If the client is not a consumer within the meaning of § 1 of the Consumer Protection Act, he/she is obliged to make claims under the MAXPLAZA s.r.o. warranty within one month after discovering a defect in the goods, otherwise any liability of MAXPLAZA s.r.o. for defects is excluded. For clients who are not consumers within the meaning of Section 1 of the Consumer Protection Act, it is further applicable that claims according to which the goods have not been delivered completely or properly must be made within seven days after receipt of the goods, otherwise the goods are deemed to have been delivered without defects.
8.2. A one-year warranty period is agreed with clients who are not consumers within the meaning of Section 1 of the Consumer Protection Act. For clients who are consumers within the meaning of Section 1 of the Consumer Protection Act, the warranty period is two years. The warranty period starts as soon as the goods are received by the client.
8.3. Declarations made in connection with or under the warranty shall only be binding on MAXPLAZA s.r.o. if they are made by MAXPLAZA s.r.o. employees. Statements made by subcontractors are not binding on MAXPLAZA s.r.o.
- Liability for damage
9.1. MAXPLAZA s.r.o. shall be liable within the scope of the statutory provisions for damages based on the actions of MAXPLAZA s.r.o., its legal representatives or assistants
9.2. The client is solely responsible for the fact that the ordered goods are technically satisfactory and legally permissible for the intended purpose of use. Although MAXPLAZA s.r.o. tries to take measures on www.maxplaza.sk to prevent ordering errors.
9.3. MAXPLAZA s.r.o. cannot provide data communication via the Internet on the basis of the current state of the art flawlessly and/or at any time available. MAXPLAZA s.r.o. is therefore not responsible for the permanent or continuous availability of its online shop system.
9.4. The provisions of the Product Liability Act remain unaffected.
- Tolerating danger
The risk of damage to the goods passes to the client upon dispatch of the goods to the client. The client therefore bears the risk of shipping.
It is necessary for MAXPLAZA s.r.o. to collect data about the client in the context of concluding contracts. The Client therefore declares that he/she agrees that his/her name, surname, home address and e-mail address (basic personal data) in particular may be collected, processed and used in accordance with the Personal Data Protection Act insofar as this is necessary for the establishment, substantive processing or amendment of the contractual relationship. This data is protected from access by third parties, will not be forwarded to third parties and is not accessible via the Internet.
- Notices to the client
Notifications to the client are sent to the email address provided by the client at the time of ordering. Should the client be unable to receive emails sent by MAXPLAZA s.r.o. for any reason without MAXPLAZA s.r.o. receiving an error message, such a situation is the responsibility of the client.
- Applicable law
These general terms and conditions and all legal relations between the client and MAXPLAZA s.r.o. are subject to Slovak law, excluding the UN Convention on Contracts for the International Sale of Goods.
- Jurisdiction of the court
For all disputes arising directly or indirectly from the contractual relationship between the client and MAXPLAZA s.r.o., the jurisdiction of the general court applies according to the Slovak civil procedural law.
- Salvator Clause
Should any provision of these General Terms and Conditions be or become ineffective, the effectiveness of the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by mutual agreement of the Parties with a legally effective provision that is as close as possible in economic significance and purpose to the ineffective provision. This adjustment applies equally in the case of missing adjustments.
- Protection of personal data
16.1 MAXPLAZA s.r.o. is fully governed by Act no. 428/2002 Coll. on the protection of personal data in information systems. Our company respects your privacy. However, in order to offer you valuable services, we need to know some of your personal data. We protect this data from misuse and guarantee that we will never provide your contact information and details of your purchases to a third party.
16.2 By using this online shop, you consent to the collection and use of information about you and your purchases on the terms set out above. By registering as a customer, newsletter subscriber, survey participant and other forms of registration, you automatically agree that you can be informed about news in our online shop by e-mail or telephone. If you no longer wish to receive this information, you have the option to stop receiving it at any time by following the procedure set out in each message sent.
16.3 Our online shop reserves the right to withdraw from the security guarantee in the event of an attack on the server by an unknown perpetrator (hacker). Only in this case the above data manipulation rules do not apply.
- Personal Data Cookies
Cookies are small text files that are placed on your computer or device when you visit a website. Cookies usually contain the name of the website from which they originate, their validity and value. The next time you visit the site, the web browser will reload the cookies and send this information back to the website that originally created the cookie. The cookies we use do not harm your computer. By browsing our website, each user agrees to their use and storage in their browser. He is notified of this when he visits our website and shows his consent by continuing to browse our website.
WHAT COOKIES DO WE USE?
Without these cookies, some features of the site may not work or may be limited in their functionality. Temporary cookies are automatically deleted when the browser is switched off. Persistent cookies contain the user’s preferences and are therefore used to enhance the user’s experience when using our services, or for statistical or advertising purposes. They remain stored on your device for much longer or until you manually delete them (the length of time cookies remain on your device depends on the setting of the cookie itself and your browser settings).
WE USE SEVERAL TYPES OF COOKIES ON OUR WEBSITE:
17.1. BASIC COOKIES
They form the basis for the operation of our website and enable the use of basic functions. These are e.g. remembering logins, allowing access to secure areas without having to log in again, pre-populating forms, and so on. Without them, we would not be able to provide the services that form the basis of our websites. If you disable these cookies, we will not be able to guarantee the error-free operation of the site.
17.2. OPERATIONAL COOKIES
We use traffic cookies to collect statistical information about how you use our website. This technical information will, for example. tell you which parts of the website you clicked on, which page you visited last, and so on. These cookies are used to help us analyse and improve our websites in terms of content, performance and design. If you disable these cookies, we cannot guarantee the error-free operation of our site.
17.3. ADVERTISING COOKIES
We may use advertising cookies on our website to display content and ads that are tailored to your interests. These cookies may collect information about your browsing habits on our website. They can also be used to recognise your return visit to one of the websites that are part of our network. In this way, we can provide content and ads on our website that are more relevant to you and target direct marketing communications more effectively, as well as limit the number of ad impressions and measure the effectiveness of advertising campaigns.
17.4. THIRD PARTY COOKIES
Information about browsers and how to set your cookie preferences can be found at the following links:
We will respect if you change your default cookie settings. However, disabling some cookies may impact the functionality of our website.
Data protection is very important to us and we are committed to being transparent and open about how we process your personal data. We have strict rules that set out the exact conditions for what purpose, how and what personal data we use.
By completing an order, subscribing to business communications or browsing our website, you allow MAXPLAZA s.r.o. to use your personal data.
WHERE DO WE STORE YOUR DATA?
The data is stored in the data centre of WebSupport, s.r.o., based in Staré Grunty 12, 841 04 Bratislava, Slovakia. The data centre security is fully GDPR compliant and more information can be found directly on the data centre website.
WHY DO WE USE YOUR PERSONAL DATA?
We use your personal data for the purposes necessary for processing your order, warranty matters or for customer support purposes. We also use your personal data to send you marketing offers and invitations via email.
WHAT PERSONAL DATA DO WE PROCESS?
We process the following personal data:
- contact information – name and surname, address, email and phone number,
- payment information and payment history,
- order information – products ordered, number of items and prices.
WHO HAS ACCESS TO YOUR DATA?
Only a limited number of internal employees have access to your personal data, as this is necessary for their job (order processing, warranty issues, packaging, customer support, etc.). All such employees shall only have access to the amount of personal data that they strictly need to perform their job.
We never provide, sell or exchange your data to third parties for marketing purposes. The data that is provided to third parties is only used to provide our services to you.
WHO DO WE PROVIDE YOUR DATA TO?
Your personal data is used solely for our internal purposes and in particular for the reasons set out above. As part of the processing of your order, personal data may be disclosed to accounting firms, tax advisors and transport or shipping companies.
YOU HAVE THE RIGHT OF ACCESS TO INFORMATION
You have the right to request at any time (by sending a message to firstname.lastname@example.org) information about what personal data we hold about you. By processing your personal data by automated means based on your consent or by agreement, you have the right to receive a copy of your data in a structured, commonly used and machine-readable format (e.g. *.xls, *.csv or similar format), which we will provide to you or to another party.
YOU HAVE THE RIGHT TO ERASURE OF YOUR PERSONAL DATA
You have the right to erasure of any personal data at any time except in the following situations:
- you have a customer service backlog,
- you have an open order that has not yet been shipped or only part of it has been shipped,
- you have an outstanding debt, regardless of the method of payment,
- if you have made a purchase, we store your personal data in connection with your transaction on the basis of accounting regulations.
YOU HAVE THE RIGHT TO OBJECT TO PROCESSING ON THE BASIS OF LEGITIMATE INTEREST
You have the right to object to the processing of your personal data based on the legitimate interest of MAXPLAZA s.r.o. In this case, we will not continue to process your personal data unless we can demonstrate a legitimate reason for the processing that overrides your interests and rights or because of legal claims.
YOU HAVE THE RIGHT TO OBJECT TO DIRECT MARKETING
You have the right to object to direct marketing, including profiling analysis carried out for direct marketing purposes. You can opt out of direct marketing by following the instructions in individual marketing emails.
YOU HAVE THE RIGHT TO RESTRICT THE PROCESSING OF YOUR PERSONAL DATA
You have the right to request that we restrict any processing of your personal data, including erasure, in the following circumstances:
- if you declare that your personal data is incorrect, pending verification of its accuracy.
- if the processing is unlawful, you can oppose the erasure of your personal data and instead request a restriction on the use of your personal data.
- if we no longer need the personal data but it is required for the exercise of your rights.
- if you object to the processing pursuant to the paragraph above, until such time as we have verified that our reasons for processing outweigh your interests.
YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT TO RECEIVE COMMERCIAL COMMUNICATIONS
If you no longer wish to receive information about news and discounts in your email inbox, you can withdraw your previous consent at any time without giving any reason. You can withdraw your consent by following the instructions in the individual marketing emails or by sending a withdrawal of consent to the following email address: email@example.com
HOW CAN YOU EXERCISE YOUR RIGHTS?
You can consult us at firstname.lastname@example.org for any queries regarding your rights as set out above.
We have appointed a responsible person to ensure that we process your personal data in an open, correct and lawful manner. You can contact our responsible person at email@example.com
THE RIGHT TO LODGE A COMPLAINT WITH THE SUPERVISORY AUTHORITY
If in your opinion we are not fulfilling all of our legal obligations arising in connection with the processing of your personal data, please contact our customer support. If even communication with our customer support did not bring you sufficient satisfaction, you have the right to contact the Office for Personal Data Protection, either at the address of the Office’s registered office at Hraničná 4826/12, 820 07 Bratislava, by e-mail to firstname.lastname@example.org, or by any other means that the Office for Personal Data Protection will accept. For more information about the Authority, please visit the website www.uoou.sk.
- Alternative dispute resolution
The buyer – consumer – has the right to contact the seller with a request for redress (by e-mail to email@example.com) if he is not satisfied with the way in which the seller has handled his complaint or if he believes that the seller has violated his rights. If the Seller responds to this request in a negative manner or fails to respond within 30 days of its dispatch, the consumer has the right to submit a proposal for the initiation of alternative dispute resolution to the alternative dispute resolution entity (hereinafter referred to as ADR entity) under Act 391/2015 Coll. ADR entities are authorities and authorised legal persons pursuant to §3 of Act 391/2015 Coll. The consumer may submit a proposal in the manner determined pursuant to §12 of Act 391/2015 Coll. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk. Consumers can also lodge a complaint via the RSO’s alternative dispute resolution platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm. Alternative dispute resolution can only be used by a consumer – a natural person who is not acting within the scope of his/her business, employment or profession when concluding and performing a consumer contract. Alternative dispute resolution only applies to a dispute between a consumer and a seller arising out of or relating to a consumer contract. Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed the amount
20 EUR. The ADR entity may require the consumer to pay a fee for the initiation of alternative dispute resolution up to a maximum of EUR 5 including VAT.
When making a claim with the seller, which is MAXPLAZA s.r.o.
- Introductory provisions
- This Complaint Procedure regulates the method and place of complaint, the procedure for resolving complaints and the method of carrying out warranty repairs. It applies to goods and services sold by the seller to consumers. Complaints shall be handled in accordance with this Complaints Procedure, in compliance with the statutory provisions and consumer rights.
- This Complaint Procedure is an integral part of the Seller’s Terms and Conditions.
- This Complaint Procedure applies to goods purchased by the consumer buyer from the seller:
Business name: MAXPLAZA s.r.o.
Headquarters: Štefánikova 21/111, 917 01 Trnava
VAT NUMBER: SK212120793851
we are VAT payers
+421 948 709 710
- A consumer buyer within the meaning of Art. (a) of the Act. č. 250/2007 Coll. on consumer protection, as amended (hereinafter referred to as the Consumer Protection Act), a natural person who does not act within the scope of his or her business, employment or profession when concluding and performing a consumer contract.
- A consumer contract is any contract, whatever its legal form, concluded between a supplier and a consumer.
- A distance contract is a contract between the seller and the consumer agreed and concluded exclusively by one or more means of distance communication without the simultaneous physical presence of the seller and the consumer, in particular by using a website, electronic mail, telephone, fax, mailing list or offer catalogue.
- By concluding the purchase contract and accepting the goods, the buyer agrees to these Complaints Policy and Terms and Conditions.
- Acceptance of the goods by the business buyer is the moment of their handover to the seller, respectively. to the first carrier. Acceptance of the goods by the consumer buyer is the moment of receipt of the goods from the seller resp. from the carrier to the consumer.
- The supervisory authority shall be:
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Trnava Region
Pekárska 23, 917 01 Trnava 1
tel. č. 033/321 25 27, 033/321 25 21, fax no. 033/321 25 23
Contact us using the form
- Goods purchased from the seller can be claimed in 2 cases:
- a) Claims within the warranty period
- b) Complaints in quantity, type, price, etc.
- Warranty, warranty conditions
- The legal regulation of the seller’s liability for defects is governed by § 620 et seq. Civ. The backstop.
- The Seller is liable for any defects in the sold item upon receipt by the Buyer. For used items, it is not liable for defects caused by their use or wear and tear. In the case of items sold at a lower price, the seller is not liable for the defect for which the lower price was negotiated.
- Unless the goods are perishable or second-hand, the seller is liable for defects that occur after receipt of the goods within the warranty period (warranty).
- The warranty period is 24 months. If the sold item, its packaging or the instructions attached to it have a period of use marked on them, the warranty period does not expire before the expiry of this period.
- At the Buyer’s request, the Seller is obliged to provide a guarantee in writing (guarantee letter). If the nature of the item allows it, it is sufficient to issue a proof of purchase instead of a warranty certificate.
- The guarantee letter contains the identification of the seller (name and surname, business name or name of the seller, its registered office or place of business), the content of the guarantee, its scope and conditions, the length of the guarantee period and the data necessary for the application of the guarantee. If the warranty certificate does not contain all the elements, this does not invalidate the warranty.
- The warranty document is the proof of purchase – the invoice, which also serves as the delivery note.
- The warranty period starts from the receipt of the item by the buyer.
- When taking over the goods, the buyer or a person authorized by him is obliged to check whether the packaging in which the goods are packed is not damaged. In case of damage, we recommend that you write a record of the defects found during transport directly on the spot with the carrier (Slovak Post, courier).
- The buyer is entitled to refuse to accept a shipment that does not comply with the contract of sale. If the buyer accepts a damaged shipment from the carrier, the damage must be described in the carrier’s handover report.
- The buyer can accept the goods despite obvious damage to the packaging
- An undamaged, unopened, original shipment is considered to be one that is covered with the Seller’s protective tape. The carrier is obliged to hand over the goods to the seller item by item and to draw up a report on the spot. The carrier shall be liable for any damage caused in this way.
- Upon receipt of the goods, the buyer or a person authorized by him is obliged to sign the delivery note.
- Incomplete or damaged shipments must be reported without undue delay by email to firstname.lastname@example.org
- The warranty does not cover damage caused by:
- mechanical damage to the goods,
- using the goods in conditions that do not correspond to the temperature, humidity, chemical and mechanical influences of the environment,
- improper handling or neglect of the goods,
- excessive loading or use contrary to the general principles,
- by the elements of nature or a higher power.
- In particular, the warranty does not cover the following damage to the goods, which is footwear:
- a) deformation or other changes in appearance and function, which have their origin in the wear and tear of the product during the warranty period, or are a natural property of the material used,
- (b) wear and tear due to improper selection of footwear, failure to comply with the principles of expediency and improper maintenance, or. shoe care. (within the meaning of the instructions for use),
- (c) mechanical wear and tear (e.g. deformation of soles and uppers, deformation of heels when slipping on without shoes or without lacing, tearing or cutting of the material, drying of the shoes on a heat source, etc.),
- (d) interchangeable parts of footwear: such as a replaceable foot or lace are naturally shorter lasting than the product itself. Their replacement is part of the routine maintenance of the product, which is carried out by recommended shoe repair centres at the expense of the consumer. (please ask the seller for information when purchasing the product),
- e) appearance and functional changes of the goods and their components originating from wear and tear from use during the warranty period,
- (f) wear and tear due to improper selection and use,
- (g) wear and tear due to failure to comply with the principles of expediency, care and maintenance
- (h) mechanical damage (kicking of the shoes, deformation of the heel due to putting on shoes without a shoelace, without unlacing and unzipping the shoe, tearing and cutting of the upper or lower material by sharp objects),
- (i) deterioration of shoe linings due to perspiration,
- (j) puncture of heel linings when wearing unlaced footwear or when choosing footwear disproportionately larger than the size of the foot,
- (k) fraying of the linings at the finger and toe joints due to incorrect choice of size and circumferential width,
- l) damage to the goods due to exposure to oil, diesel, petrol and other aggressive substances,
- (m) footwear that has undergone any repairs and adjustments not related to normal maintenance or wear and tear of the footwear during the warranty period,
- (n) the soaking of flexibles footwear through use in damp or wet environments,
- o) paint bleeding with increased perspiration or overwetting of leather shoes,
- (p) uneven cheek grain and partial surface variation, which is natural to natural leather.
- If the buyer is a consumer, he/she may claim defects in the goods from the seller within the warranty period in accordance with the complaint conditions set out in Act No. . 40/1964 Z. z. Civil Code as amended, Act No. 250/2007 Coll. on consumer protection and these Complaints Regulations.
III. Complaints policy
- The Seller is liable for any defects in the sold item upon receipt by the Buyer. The buyer has the right to claim for defects in the goods during the warranty period.
- If it is a defect that can be remedied, the buyer has the right to have it remedied free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay. Instead of removing the defect, the buyer may require replacement of the item or, if the defect relates only to a part of the item, replacement of the part if this does not incur disproportionate costs for the seller in relation to the price of the goods or the severity of the defect. The Seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious inconvenience to the Buyer.
- If there is a defect that cannot be remedied and that prevents the item from being properly used as a non-defective item, the buyer has the right to have the item replaced or to withdraw from the contract. The same rights belong to the buyer if the defects are repairable, but if the buyer cannot use the item properly due to the reoccurrence of the defect after repair or due to a greater number of defects. If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the item.
- The Buyer Consumer is entitled to file a complaint electronically or in writing at the Seller’s address:
917 01 Trnava
- When making a claim, the Buyer shall send a completed claim form, a tax receipt proving the purchase of the goods and proof of delivery (hereinafter referred to as “required documents”) to the above address together with the defective goods.
- The buyer shall provide the following information in the complaint form:
- identification of the buyer,
- electronic order number,
- a description of the goods the buyer is requesting to return/exchange, including the code, colour, size, quantity and price,
- the name and number of the buyer’s bank account and bank code,
- date and signature of the buyer.
- The Seller recommends the Buyer to insure the goods that are the subject of the claim. The buyer bears the risk of damage to the goods that are the subject of the complaint until the moment of acceptance of these goods by the seller.
- If the Buyer does not deliver the required documents together with the goods he wishes to claim, the Seller shall invite him by telephone or e-mail to complete the missing data or to attach the missing required documents.
- If the Seller fails to repeatedly contact the Buyer by telephone and/or the Buyer fails to respond to the Seller’s e-mail invitation within 30 days from the date of receipt of the goods by the Seller and fails to deliver the missing documents or to complete the missing data, the Seller reserves the right not to proceed with the handling of the complaint in question and the goods will be returned at the Buyer’s expense back to the Buyer at the address specified in the order.
- If the required documents are not accompanied by the goods that are the subject of the complaint, the Seller reserves the right not to proceed with the matter in question and it is assumed that the Buyer does not intend to claim the goods.
- The Seller reserves the right not to accept goods sent by the Buyer on delivery.
- When returning the goods, they must be packed in such a way as to prevent damage. Damage to the goods in transit may result in the claim not being accepted. The goods must be sent either as a parcel or registered letter.
- The Seller is obliged to determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the date of filing the complaint, in justified cases, especially if a complex technical evaluation of the condition of the product or service is required, no later than 30 days from the date of filing the complaint. Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may also be handled later; however, the handling of the complaint shall not take longer than 30 days from the date of the complaint. After the expiry of the complaint period, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.
- The period from the exercise of the right of liability for defects until the end of the claim procedure is not included in the warranty period. In the case of replacement of the item with a new one, the new warranty period starts from the time of receipt of the item.
- When a consumer makes a claim within the first 12 months of purchase, the seller can only reject the claim on the basis of a professional assessment. Regardless of the outcome of the professional assessment, the consumer shall not be required to pay the costs of the professional assessment or any other costs related to the professional assessment.
- When a consumer makes a complaint after 12 months from the purchase, when the seller has rejected it, the seller is obliged to indicate in the complaint handling document to whom the consumer can send the product for professional assessment. If the product is sent to a designated person for expert assessment, the costs of the expert assessment as well as all other related costs reasonably incurred shall be borne by the seller, regardless of the outcome of the expert assessment If the consumer proves the seller’s liability for the defect through the expert assessment, the consumer may reassert the claim. The warranty period does not expire while the professional assessment is being carried out. The Seller is obliged to reimburse the Consumer within 14 days from the date of reasserting the claim all costs incurred for the professional assessment, as well as all related costs reasonably incurred. A reasserted claim cannot be rejected.
- The Seller is obliged to deliver the confirmation of the claim to the Consumer immediately. If the confirmation cannot be delivered immediately, it must be delivered without undue delay, but at the latest together with the proof of settlement of the claim. The confirmation of the claim does not have to be delivered if the consumer has the possibility to prove the claim in another way.
- The buyer is entitled to the reimbursement of costs (in particular postage) incurred in connection with the exercise of the rights of liability for defects and incurred actually and reasonably.
- The claim does not apply to defects in the goods caused by normal use of the goods by the buyer.
- If after delivery of the goods the Buyer finds discrepancies between the delivered goods and the invoice, or defects in the goods, the Buyer shall notify the Seller no later than within 3 days by e-mail to email@example.com or by telephone to +421 948 709 710.
- How to claim
How to make a claim or if you want to exchange goods or get your money back:
- The goods arrived damaged.
In this case, please send the goods back to our address and they will be exchanged. If we no longer have the item we will offer you another outfit or a refund. A tag must be attached to the goods as they were delivered to you with the goods.
The goods are securely packed for transport. We recommend that you check the condition of the packaging when you receive the goods and if the packaging is damaged, check the goods. If you find mechanical damage to the goods, we recommend that you do not accept the goods, If you find mechanical damage caused by shipping after unpacking the goods, or when you use them for the first time (within 3 days of delivery), we recommend that you report this to us immediately.
- Return or exchange of goods within 14 days.
RETURN OF GOODS
Dear customers, if the goods do not fit or you do not like them, you can return them to us within 14 days of delivery to you, unused.
If you want the item we will exchange it for another size or for other goods, or we will refund your money back to your account or by postal order.
Pursuant to the provisions of § 12 of the Act on Consumer Protection in Doorstep and Mail Order Sales (Act No. 108/2000 Coll.), you have the right to withdraw from the contract concluded in this way without stating a reason within 14 working days from the date of receipt of the goods.
- Please send the goods to us within 14 days of delivery at the latest.
- Attach a letter of withdrawal stating: Your name, address and phone number, Your signature
- if you wish to have the money refunded to your account, please indicate the account number, if you wish to have the money refunded by postal order, please indicate this in the enclosed letter,
- Please send us back the original proof of purchase with the goods.
- Please send the goods in packaging / in a box / so that they are not damaged or soiled upon delivery.
- Delivery address :
917 01 Trnava
Never send goods back to us on COD. In this case, the parcel will not be accepted by us and will be returned to your address.
According to the aforementioned law, we are obliged to refund you the amount paid for the goods within 14 days from the date of withdrawal from the contract at the latest, however, we normally process refunds in less than 14 days by transferring the amount to your bank account.
If the item does not fit you and you would like to exchange it for another size, or other goods, you can send it back to us for exchange within 14 days of delivery to you, in the original packaging and unused.
- Please send the goods to us within 14 days of delivery at the latest.
- Attach a letter stating: Your name, address and phone number, the name of the product you are sending for exchange, as well as the name, product code, size or colour of the product you wish to exchange, invoice number, your signature and the date.
- Please send us back a copy of the proof of purchase with the goods.
- Please send the goods in packaging /in a box or other packaging/, so that they are not damaged or soiled during delivery.
- Delivery address :
917 01 Trnava
ATTENTION: Never send goods back to us on COD. In this case, the parcel will not be accepted by us and will be returned to your address.
After examination of the integrity of the goods, an exchange will be made. The exchanged goods will be sent to your address as soon as possible for the price of 2,50 € postage for the Slovak Republic.
It is necessary to comply with the above basic conditions.
- Making a claim
If you discover a product defect that is covered by a warranty claim during the warranty period, please email us at firstname.lastname@example.org and wait for instructions on how to proceed. In the case of instructions with delivery to our address, it is necessary that you deliver the goods including the invoice to our address. You can deliver the goods to us via Slovak Post by registered mail. Do not send goods on delivery.
Complaints should be sent by post to :
917 01 Trnava
- Please tell us the reason for the complaint in the shipment.
- Attach a copy of the invoice or receipt. proof
- You can also attach a precise definition of the defect, the damage.
- In case we accept the claim, please also indicate the method of refund (to your account or by postal order), where we will refund the money, or notify us that you are interested in the same goods /in case they will still be available/
- We will also ask for your phone number and email so that we can handle the complaint and provide you with information about it
- The customer is always informed max. within 7 working days , from the delivery of the complaint / by email, by phone /
For goods that need to be sent to the manufacturer for repair, we reserve the right to extend the time to process the claim by the time necessary for this repair up to 30 days.
Only goods purchased and paid for on maxplaza.sk can be claimed.
The right to the warranty shall expire if the defect has occurred due to mechanical damage to the goods, normal wear and tear, use of the goods in unsuitable conditions or if the goods have been tampered with by a person other than the authorised person.
Important information you should know when making a claim
- For goods sold from 01. 04. 2004, the statutory warranty period of 24 months applies.
- Warranty periods start from the receipt of the item by the buyer. The guarantee does not cover the defect for which the lower price was negotiated.
- If the goods are replaced in the event of a claim, the warranty period starts again from the receipt of the new item. Id.
- In the case of defects that occur after the purchase, they must be pointed out without undue delay within 6 months of the discovery of the defect, at the latest before the expiry of the specified warranty period. After the warranty period has expired, the right to claim shall be extinguished.
- The consumer has the right to have his/her complaint settled within 30 days from the day following the date of receipt of the item by the seller. If the seller fails to comply with this statutory deadline, the consumer has the right to decide whether to request an exchange of the goods or a refund (Art.623 CC).
- In the case of a remediable defect, the consumer has the right to have it remedied free of charge, in a timely and proper manner. The Seller shall decide on the method of removing the defect and shall be obliged to remove the defect without undue delay.
The Seller may always replace the defective item with a faultless one instead of removing the defect (repair), if this does not cause serious inconvenience to the Buyer.
- In the event of an irremediable defect that prevents the proper use of the item for its intended purpose, the consumer has the right to either exchange the item or withdraw from the contract (refund). It is up to the buyer whether to exercise the right to exchange or refund. However, if he chooses one of these rights, he can no longer unilaterally change this choice himself.
- Proof of purchase is required when making a claim.
- The consumer is not to continue to use the item on which the defect has been detected.
- Wear and tear characteristic of the material or use shall not be considered a defect.
VII. COMPLAINTS, WARRANTY CONDITIONS AND COMPLAINTS PROCEDURE
The Complaints Procedure effectively specifies the procedure of the customer and MAXPLAZA s.r.o. in the event that, despite all the efforts of MAXPLAZA s.r.o. to maintain the high quality of the goods offered, a legitimate reason arises on the part of the customer to exercise the rights of liability for defects in the goods sold.
- 1: When selecting the goods, it is necessary that the type and size of the product selected exactly match the needs of the customer. Before purchasing a product, the customer shall take into account the purpose of use, design, material composition and method of treatment of the goods. Only goods well chosen in terms of function, assortment and size are a prerequisite for the fulfilment of the utility value and purpose of the goods.
- 2: During the entire period of use of the purchased goods, the customer must pay sufficient attention to the basic rules for the use of these goods. In particular, it is necessary to consider all factors adversely affecting the full functionality and durability of the product, such as: excessive intensity of use of the product, use of the product for an inappropriate purpose.
- 3: Another necessary condition for maintaining the good condition of the goods and their functionality is their regular maintenance. It is important to remember that improper or insufficient maintenance of goods significantly reduces their full functionality and service life. MAXPLAZA s.r.o. provides its customers with a sufficient amount of information necessary for proper care of all types of sold goods through the Warranty Card and other information materials.
- 4: Various preparations and cleaning agents are used to ensure proper care and maintenance.
- 5: The warranty period cannot be confused with the lifetime of the goods, i.e. the period of time during which, with proper use and proper care, including maintenance, the goods can be expected to last, given their characteristics, the purpose for which they are intended and the variation in the intensity of their use.
Basic conditions of complaint
- 1: MAXPLAZA s.r.o. is liable to the customer for the fact that the goods sold are free from defects, that they correspond to the marking and advertising of the goods, describing their characteristics, purpose and quality.
- 2: If there is a defect in the purchased goods within the warranty period, the customer has the right to claim this defect.
- 3: A defect is a change in the (characteristics of) the goods caused by the use of unsuitable or poor-quality material, failure to comply with technology, or unsuitable technology or inappropriate design.
- 4: A defect shall not be deemed to be a change in the (characteristics of) the goods that has occurred during the warranty period as a result of wear and tear, improper use, insufficient or improper care, natural changes in the materials from which the goods are made, as a result of any damage by the user or a third party, or any other improper intervention.
- 5: If the customer exercises the right of liability for defects in the goods sold in a proper manner, the store manager or his authorized employee is obliged to decide on the claim immediately, in more complex cases within three working days. However, this time limit shall not include the time required for the professional assessment of the error.
- 6: A complaint is deemed to have been duly made if the goods complained of are complete and the complaint is not prevented by general principles of hygiene. The customer is obliged to present the claimed goods cleaned, free of all impurities and hygienically safe. MAXPLAZA s.r.o. is entitled to refuse to accept goods for complaint proceedings that do not comply with the above-mentioned principles of municipal hygiene.
- 7: The complaint, including the rectification of the defect, will be processed without undue delay, at the latest within 30 days from the date of application. In justified cases, the store manager or his/her authorized employee may agree with the customer a longer period of time.
- 8: The customer is obliged to accept the subject of the complaint after the end of the complaint procedure. If it does not do so within 6 months, it will be disposed of by commission.
Place and method of making a claim
- 1: The customer can make a claim directly at the company’s headquarters. The customer makes the claim in person or by post. Purchase of the claimed goods at the MAXPLAZA s.r.o. company’s registered office is best proved by the customer with a purchase document. MAXPLAZA s.r.o. will only initiate a complaint procedure without the presentation of a purchase document if the customer otherwise credibly proves or. proves that the claimed goods were purchased in the MAXPLAZA s.r.o. store.
- 2: The store manager or his authorized employee is obliged to issue the customer with a confirmation of when the customer has exercised the right of liability for defects, the method of resolving the complaint, as well as the execution of any repairs and the duration of the repair.
- 3: Once the customer exercises any of the rights of liability for defects in the goods, such as the right to have the defect removed or a discount, he is bound by this expression and cannot change the choice of the exercised right, unless otherwise agreed with the store manager or the employee authorized by him.
Time limits for making a claim
- 1: The right of liability for defects must be exercised within the warranty period. It is imperative that the claim is made without undue delay, as soon as the defect is discovered, up to a maximum of six months after the defect is discovered. Any delay in the continued use of the goods may cause the defect to become worse, the goods to deteriorate and may be grounds for rejection of the claim. The warranty period is 24 months and starts from the date of receipt of the goods.
- 2: The period from the exercise of the right of liability for defects until the time when the customer was obliged to take over the item after the completion of the repair is not included in the warranty period. MAXPLAZA s.r.o. is obliged to issue the buyer with a confirmation of when the right was exercised, as well as of the repair and its duration. If the claim procedure results in the replacement of the claimed goods, the warranty period starts again from the receipt of the new goods. When a defective component is replaced, the new warranty period applies to the replaced component.
- 3: A defect that becomes apparent within twelve months from the date of acceptance of the performance shall be deemed to have already existed on the date of acceptance, unless this is contrary to the nature of the matter or unless MAXPLAZA s.r.o. proves otherwise.
- 1: Repairable defects are those defects which can be rectified by repair without affecting the appearance, function or quality of the goods.
- 2: In the event of the occurrence of a remediable defect, the customer is entitled to have it rectified free of charge, in a timely and proper manner. MAXPLAZA s.r.o. is obliged to rectify the defects without undue delay, but no later than 30 calendar days from the date of the complaint.
- 3: The repair is decided by the store manager or his/her authorized employee and a date for the customer to pick up the repair is marked or agreed upon, unless otherwise agreed upon (sending by mail).
- 4: The customer may request the replacement of the goods (any goods may be replaced) instead of the removal of the defect, provided that MAXPLAZA s.r.o. does not incur disproportionate costs in relation to the price of the goods or the severity of the defect.
- 5: In the event of a defect that can be rectified, the customer has the right to exchange the goods (can be exchanged for any goods) or to withdraw from the contract unless:
- o the complaint has not been dealt with within 30 days from the date of its submission and no other agreement has been reached
- o the customer cannot properly use the goods due to the reoccurrence of a repairable defect after the repair or due to a greater number of repairable defects.
A recurrence of a fault after repair is when the same fault, which has already been rectified at least twice during the warranty period, occurs again. Goods suffer from a greater number of defects if they have at least three defects that can be rectified at the same time at the time the claim is made.
- 1: An unrecoverable error is an error which cannot be rectified or is impracticable to rectify having regard to all the relevant circumstances.
- 2: If the defect is irremediable, which prevents the goods from being properly used as goods without defect, the customer has the right to:
- request the replacement of the goods with new, faultless goods (any goods can be exchanged for any goods)
- or withdraw from the contract of sale
- 3: If the nature of the irreparable defect does not prevent the proper use of the goods as defect-free goods (e.g. aesthetic defects) and the customer does not request a replacement of the goods, the customer is entitled to a reasonable discount on the purchase price or may withdraw from the contract. The nature of the defect, the degree and manner of wear and tear of the product, the length of its use and the possibilities of further use shall be taken into account when granting a discount.
The Complaints Procedure has been drawn up in accordance with Act No. 40/1964 Coll., as amended (Civil Code) and Act No. 250/2007 Coll., on Consumer Protection, as amended.
- Final provisions
All arrangements between the Seller and the Buyer shall be governed by the laws of the Slovak Republic. If the relationship established by the contract of sale contains an international element, the parties agree that the relationship shall be governed by the law of the Slovak Republic. This is without prejudice to the consumer’s rights under generally applicable law. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Act no. 250/2007 Coll. on consumer protection as amended. All rights to the Seller’s website, in particular the copyrights to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part of it without the seller’s permission. The Seller shall not be liable for errors resulting from third party intervention in the online shop or from its use contrary to its intended use. The Buyer shall not use any procedures when using the online shop that could have a negative impact on its operation and shall not carry out any activity that could allow him or third parties to interfere with or make unauthorised use of the software or other components forming the online shop and use the online shop or its parts or software in a way that would be contrary to its purpose or purpose. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
A sample withdrawal form is attached to the terms and conditions.
These terms and conditions come into force on 16.4.2020 These terms and conditions are valid in the wording indicated on the pages of the online store www.maxplaza.sk on the day of sending the order by the buyer, unless the parties agree otherwise. The Operator reserves the right to change these terms and conditions at any time if required by a change in business policy or applicable legislation. These GTC are prepared for the operator of the www.maxplaza.sk website and are protected under Act 618/2003 Coll. Copyright Act, as amended. It is forbidden to use this copyright work in any way without the author’s consent, in particular, but not exclusively, to copy, publish, alter, modify, distribute and otherwise exploit it.
These Terms and Conditions are governed by the laws of the Slovak Republic.