I. Basic provisions
- These General Terms and Conditions (hereinafter the "Terms and Conditions") are issued:
NEED MORE s.r.o.,
Company ID: 48132021,
Tax number: 2120128384,
registered office: Drotárska cesta 37,811 02, Bratislava
(hereinafter the "Seller").
- Contact information:
phone: +421 917 382 456
- Mailing address of the service partner for withdrawal, rights of defective performance (goods complaints), goods exchange and order processing:
registered office: Presovska 45, 821 02, Bratislava, Slovakia.
- These Terms and Conditions govern the mutual rights and obligations of the Seller and the individual who concludes the Purchase Agreement outside its business as a consumer (hereinafter the "Buyer") through a web interface located on a website available at shop.smgomovie.com (hereinafter the "e-shop").
The sale of goods in the e-shop is intended exclusively for the buyer, who purchases the goods exclusively outside the scope of their business or outside the scope of the profession. The rights under these GBTC are exclusively for the consumers. Therefore, these GBTC do not apply to cases where a person who intends to buy goods from the seller acts, when ordering goods, in the course of his business or in the exercise of his profession. All goods sold in the online store are intended for the final consumer and not for business purposes
- The provisions of the Terms and Conditions form an integral part of the purchase contract. The derogation in the sales contract takes precedence over the provisions of these Terms and Conditions.
- These terms and conditions and the purchase contract are concluded in the English language.
II. Information on goods and prices
- Information about the goods, including the price of individual goods and its main features are given for individual goods in the e-shop catalog. The prices of the goods are inclusive of value-added tax, all related charges and the cost of returning the goods, if such goods cannot by their nature be returned by the normal postal service. Prices of goods remain valid for as long as they are displayed in the online store. This provision shall not preclude the negotiation of a sales contract under individually agreed conditions.
- All presentations of goods placed in the catalog of the e-shop are of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
- The online shop publishes information on the costs associated with packaging and delivery of goods.
- Possible discounts from the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the seller and the buyer.
III. Order and conclusion of the purchase contract
- The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the purchase contract (Internet connection costs, telephone calls costs) shall be borne by the Buyer himself. These costs do not differ from the basic rate.
- The buyer orders the goods by filling in the order form without registration.
- When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
- Before placing an order, the buyer is allowed to review and change the data he has placed in the order. The buyer sends the order to the seller by clicking on the "Finish order with payment obligation" The information given in the order is considered correct by the seller. The condition of validity of the order is to fill in all required information in the order form and to confirm the buyer that he / she has become acquainted with these Terms and Conditions.
- Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address entered by the Buyer at the time of ordering. By this confirmation the contract shall be deemed to be concluded. Included to the confirmation are the current business conditions of the seller. The purchase contract is concluded by confirmation of the order by the seller to the buyer's email address.
- In case that any of the requirements specified in the order cannot be met by the seller, the seller will send a modified offer to the buyer's email address. The modified offer is considered as a new draft of purchase agreement and the purchase agreement is in such a case concluded by the buyer confirming the receipt of the offer to the seller to his email address specified in these Terms and Conditions.
- All orders received by the seller are binding. The buyer may cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer may cancel the order by telephone at the seller's phone number or by e-mail to the seller's email, both mentioned in these Terms and Conditions.
- If there is an obvious technical error on the part of the Seller in the price of goods in the e-shop or during the ordering process, the Seller shall not be obliged to deliver the goods to the Buyer for this quite obviously wrong price, even if the Buyer has received an automatic receipt of the order according to these Terms and Conditions. The Seller shall inform the Buyer of the error without delay and send the Buyer a modified offer to the Buyer's email address. The amended offer is considered a new draft purchase contract and the purchase contract is in this case concluded with a confirmation of receipt by the buyer to the email address of the seller.
IV. Payment terms and delivery of goods
- The price of the goods and any costs associated with the delivery of the goods under the purchase contract can be paid by the buyer in the following ways:
- bank transfer to the seller's account through the PayPal payment gateway
- bank transfer to the seller's account through the GoPay payment gateway
- Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the contractual amount. Unless expressly stated otherwise below, the purchase price includes the cost of delivery.
- In the case of payment via a payment gateway, the Buyer shall follow the instructions of the respective electronic payment provider.
- In the case of a cashless payment, the buyer's obligation to pay the purchase price is met when the amount is credited to the seller's bank account.
- The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price prior to dispatch of the goods is not a deposit.
- Pursuant to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online and in case of technical failure within 48 hours at the latest.
- Goods are delivered to the buyer:
- to the address specified by the buyer in the order
- by means of delivery pick-up service to the address of the pick-up point designated by the buyer
- The way of delivery is chosen during the ordering of the goods.
- The cost of delivery of the goods depending on the method of shipment and takeover of the goods are stated in the order of the buyer and in the order confirmation by the seller. Where the mode of transport is agreed by a specific request of the buyer, the buyer shall bear the risk and any additional costs associated with that mode of transport.
- If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take the goods on delivery. In case that due to reasons on the side of the Buyer it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or costs associated with other delivery methods.
- Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. If the packaging of the delivery is found damaged in any way, the Buyer does not need to take the shipment from the carrier.
- The Seller shall issue to the Buyer a tax document - an invoice. The tax document is sent to the buyer's email address.
- The buyer acquires title to the goods by paying the full purchase price for the goods, including delivery costs, and by taking over the goods. Responsibility for accidental loss, damage or destruction of the goods shall pass to the Buyer at the moment of the takeover of the goods or at the moment when the Buyer was obliged to take over the goods but did not do so in violation of the Purchase Agreement.
- The buyer who concluded the purchase contract outside his business as a consumer has the right to withdraw from the purchase contract without giving any reason.
- The withdrawal period is 14 days
- from the date of receipt of the goods,
- from the date of acceptance of the last delivery of goods, if the contract involves several types of goods or delivery of several parts
- The buyer may not withdraw from the purchase contract:
- on the provision of services if they were performed with his prior express consent before the withdrawal period has expired and before the conclusion of the contract the seller has informed the buyer that in this case he is not entitled to withdraw from the contract and if the service has been fully provided,
- on the supply of goods or services the price of which depends on fluctuations in the financial market, irrespective of the seller's will, and which may occur during the withdrawal period,
- on the supply of alcoholic beverages, the price of which has been agreed at the time of conclusion of the contract, which can be delivered only after thirty days and whose price depends on fluctuations of the market independent of the seller's will,
- on the supply of goods which have been modified at the buyer's wish, tailor-made goods or goods specifically designed for one buyer,
- on the supply of perishable goods as well as goods which, having regard to their nature, have been irreversibly mixed with other goods,
- on the supply of goods in a sealed package which is not appropriate for health or hygiene reasons and whose protective package has been breached after delivery,
- on the supply of audio recordings, video recordings, phonograms, books or computer software, if they are sold in a protective packaging and the buyer has unpacked the packaging,
- on the supply of newspapers, periodicals or magazines, with the exception of sales by agreement on the subscription and sale of books not supplied in protective cover,
- on the supply of electronic content other than on a tangible medium, where provision of such content began with the express consent of the Buyer and the Buyer has declared that he has been duly instructed that by expressing such consent he loses the right of withdrawal,
- in other cases referred to in § 7 sec. 6 of Act no. 102/2014 Collection of Laws of the Slovak Republic on the protection of consumers in the sale of goods or the provision of services under a distance contract or contract outside of premises of the seller, as amended.
- To comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
- To withdraw from the contract, the buyer may use the model Withdrawal form provided by the seller. Withdrawal from the Purchase Agreement shall be sent by the Buyer to the Seller's email address or the Service Partner's delivery address (MERCHYOU s.r.o., see item 1.) specified in these Terms and Conditions. The Seller shall confirm the receipt of the form to the Buyer without delay.
- The Buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by normal postal way by their nature.
- If the Buyer withdraws from the Contract, the Seller shall return to the Buyer without delay, but no later than 14 days after the withdrawal, all funds, including delivery costs, received from him / her in the same manner. The Seller shall return the funds received to the Buyer in another way only if the Buyer agrees with it and does not incur additional costs.
- If the Buyer has chosen a method other than the cheapest method of delivery offered by the Seller, the Seller shall refund to the Buyer the cost of delivering the goods at an amount corresponding to the cheapest method of delivery offered.
- If the buyer withdraws from the contract of sale, the Seller is not obliged to return the funds received to the buyer before the Buyer hands over the goods or proves that the goods were sent to the Seller.
- The goods must be returned to the Seller by the Buyer undamaged, not worn and unpolluted and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred on the goods against the buyer's claim for refund of the purchase price.
- The Seller is entitled to withdraw from the purchase contract due to the sellout of the inventory, unavailability of goods, or when the manufacturer, importer or supplier of goods has stopped production or import of goods. The Seller shall promptly inform the Buyer via the e-mail address stated in the order and shall return within 14 days of the notice of withdrawal of the Purchase Agreement all funds including delivery costs received by him / her under the Contract in the same way or in the manner specified by the Buyer.
VI. Rights from defective performance
- The Seller shall be liable to the Buyer that the goods have no defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer has received the goods:
- the goods have the characteristics negotiated by the parties and, in the absence of an arrangement, the characteristics described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising by the seller,
- the goods are fit for the purpose stated by the seller or for which the goods of this kind are usually used,
- the goods correspond to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model, the goods are in the corresponding quantity or weight, and
- goods comply with legal requirements.
- If the defect becomes apparent within six months of receipt of the goods by the Buyer, the goods shall be deemed to have been defective at the time of receipt. The Buyer shall be entitled to apply the rights arising from the defect that occurs in the consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed, to the wear of the goods caused by its normal use, to used goods for a defect corresponding to the state of use or wear, which the product had when received by the Buyer, or which results from the nature of the goods.
- In case of a defect, the Buyer may submit a claim to the Seller and request:
- if the defect is removable:
- free removal of goods defects,
- exchange of goods for new goods,
- if the defect cannot be removed:
- a reasonable discount on the purchase price,
- withdraw from the contract.
- The Buyer has the right to withdraw from the contract,
- if the goods have a defect that cannot be removed and which prevents the thing from being properly used as a defect-free item,
- if he cannot properly use the goods due to the repeated occurrence of the defect or defects after repair,
- if he cannot use the goods properly due to a large number of defects.
- The Seller is obliged to accept the claim. The consumer may also file a claim with the person designated by the Seller, ie. with a service partner (MERCHYOU s.r.o., see point 1.). If the consumer’s complaint is handled by a person designated by the Seller, he / she can only handle the complaint by handing over the repaired goods, otherwise he / she will forward the complaint to the Seller. The Seller is obliged to give the Buyer a written confirmation of when the Buyer applied the right, what is the content of the complaint and how the complaint is handled by the Buyer as well as confirmation of the date and method of handling the complaint, including confirmation of repair and its duration, or written reasoning of rejection of the claim.
- If the consumer makes a claim, the seller or his authorized employee or designated person is obliged to instruct the consumer about his rights resulting from defective performance. By decision of the consumer applying the rights resulting from defective performance, the Seller or his / her authorized worker or designated person is obliged to determine the method of handling of the complaint immediately, in complicated cases no later than three working days from the date of the complaint, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of the claim. After determining the method of handling the complaint, the complaint, including the removal of the defect, must be settled immediately, and in justified cases the complaint can be settled later. However, the handling of the claim, including the removal of the defect, must not exceed 30 days from the date of the claim. A futile expiry of this period is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract or has the right to exchange goods for new goods. The moment when the claim of the buyer's will (delivery of the right from defective performance) is delivered to the Seller is considered to be the moment of submitting the complaint.
- The Seller shall inform the Buyer about the result of the claim in written form no later than 30 days from the date of the claim.
- The right of defective performance does not belong to the buyer if the Buyer knew before purchasing of the item that the item was defective or if the Buyer himself caused the defect.
- In the case of a justified claim, the Buyer has the right to reimbursement of reasonably incurred costs regarding to applying of the claim. The Buyer may apply this right with the Seller within one month after the warranty period has expired.
- The Buyer can choose the method of complaint and its handling, if there are several options.
- The rights and obligations of the contracting parties in case of rights arising from defective performance shall be governed by § 499 to 510, § 596 to 600 and § 619 to 627 of Act no. 40/1964 Collection of the Civil Code of the Slovak Republic, as amended, and Act no. 250/2007 Collection of Laws of the Slovak Republic, on Consumer Protection, as amended.
VII. Exchange of goods
- The Seller offers the opportunity to exchange goods to the Buyer who has the right to withdraw from the contract within 14 days.
- The time limit for the exchange of goods is 14 days from the date of receipt of the goods.
- The goods to be replaced must be returned by the Buyer to the Seller undamaged, not worn and unclean and, if possible, in the original packaging.
- The goods to be exchanged shall be sent by the Buyer to the delivery address of the service partner (MERCHYOU s.r.o., see point 1) together with the completed Goods exchange form (see above).
- The Buyer selects goods of the same price as the subject of exchange, which is available at the seller's e-shop at the given time.
- When replacing the goods, the Seller sends the goods to the buyer’s given address. The Buyer pays the price for shipping when replacing the goods.
- The Parties may send all written correspondence to each other by electronic mail
- The Buyer shall deliver correspondence to the Seller at the e-mail address stated in these Terms and Conditions. The Seller shall deliver the correspondence to the Buyer to the e-mail address given in the customer's account or order.
IX. Out-of-court settlement of disputes
- The consumer has the right to contact the Seller for redress if he is not satisfied with the way in which the Seller has settled his claim or if he considers that the Seller has violated his rights. The consumer has the right to file an alternative (extrajudicial) dispute resolution with the ADR entity if the Seller has replied with rejection to the request under the previous sentence or has not replied to it within 30 days of the date of dispatch. This is without prejudice to the possibility for the consumer to go to court.
- The out-of-court settlement of consumer disputes arising from the purchase contract is the relevant Slovak Trade Inspection, registered office: Prievozska 32, 827 99 Bratislava, Slovakia, Company ID: 17 331 927, which can be contacted at the following address: Slovak Trade Inspection, Central Inspectorate, Alternative dispute resolution, Prievozska 32, 827 99 Bratislava 27, Slovakia, or electronically at email@example.com or adr.@soi.sk. Internet address: https://www.soi.sk/. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the sales contract.
- European Consumer Center Slovak Republic, with its registered office at Mlynske nivy 44/a, 827 15 Bratislava, Slovakia, Internet address: http://esc-sr.sk/ is a contact point according to Regulation (EU) no. 524/2013 from 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) no. 2006/2004 and Directive 2009/22 /EC (Regulation on Consumer Dispute Resolution Online).
- The Seller is entitled to sell goods on the basis of a trade license. Trade control is performed within the scope of its competence by the relevant District Office of the Trade Licensing Department. The Slovak Trade Inspection also oversees, to a limited extent, compliance with Act no. 250/2007 Collection of Laws of the Slovak Republic on Consumer Protection, as amended.
X. Final provisions
- All arrangements between the Seller and the Buyer are governed by the law of the Slovak Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship is governed by the law of the Slovak Republic. This is without prejudice to the consumer's rights under generally binding legislation.
- The Seller is not bound by any codes of conduct in relation to the Buyer in accordance with the provisions of Act no. 250/2007 Collection of Laws of the Slovak Republic on Consumer Protection, as amended.
- All rights to the seller's website, especially copyright to the content, including the layout of the site, 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 its part without the consent of the Seller.
- The Seller shall not be liable for any errors caused as a result of interference by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the Buyer may not use procedures that could adversely affect its operation and shall not engage in any activity that may allow him or third parties to tamper with or misuse the software or other components of the online store and use the online store, or parts or software in such a way as to conflict with its purpose.
- The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not publicly accessible.
- The Seller may amend or renew the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations incurred during the term of the previous wording of the Terms and Conditions.
- An annex to the Terms and Conditions is a sample of Withdrawal form, a Form for claiming goods, and a Goods exchange form.
These Terms and Conditions come into effect on May 7, 2020.