6. Kúpna cena

• 6.1. Kupujúci je povinný zaplatiť predávajúcemu kúpnu cenu tovaru dohodnutú v kúpnej zmluve a/alebo podľa cenníka predávajúceho platného v čase uzatvorenia kúpnej zmluvy vrátane nákladov na doručenie tovaru (ďalej len "kúpna cena") formou hotovostnej platby v určenej prevádzkarni predávajúceho, dobierkou v mieste dodania tovaru, dobierkou prostredníctvom spoločnosti poskytujúcej poštové služby alebo bezhotovostným prevodom na účet predávajúceho, uvedený v záväznej akceptácii objednávky.
• 6.2. Predávajúci si vyhradzuje právo na zmenu kúpnej ceny v prípade zmeny právnych predpisov, zmeny cien od výrobcov alebo dodávateľov tovaru.
• 6.3. V prípade, ak kupujúci zaplatí predávajúcemu kúpnu cenu bezhotovostným prevodom, za deň platby sa považuje deň, kedy bola celá kúpna cena pripísaná na účet predávajúceho.
• 6.4. Kupujúci je povinný zaplatiť predávajúcemu kúpnu cenu za dohodnutý tovar v lehote podľa kúpnej zmluvy, najneskôr však pri prevzatí tovaru.
• 6.5. V prípade, ak kupujúci zaplatí predávajúcemu kúpnu cenu za tovar dohodnutý v kúpnej zmluve, kupujúci je oprávnený odstúpiť od kúpnej zmluvy a požadovať vrátenie kúpnej ceny len v súlade s platnými právnymi predpismi SR.
• 6.6. V prípade, ak kupujúci odstúpi od kúpnej zmluvy pred zaplatením celej kúpnej ceny, zmluvné strany sa dohodli, že zaplatená záloha na kúpnu cenu sa započíta v celej výške na zmluvnú pokutu, ktorú je povinný kupujúci zaplatiť predávajúcemu, ak v kúpnej zmluve nie je dohodnuté inak.
• 6.7. V prípade, ak kupujúci nezaplatí predávajúcemu celú kúpnu cenu pri prevzatí tovaru, zmluvné strany sa dohodli, že predávajúci je oprávnený odstúpiť od kúpnej zmluvy a zaplatená záloha na kúpnu cenu sa započíta v celej výške na zmluvnú pokutu, ktorú je povinný kupujúci zaplatiť predávajúcemu, ak v kúpnej zmluve nie je dohodnuté inak.
• 6.8. Náklady spojené s montážou a vynáškou nie sú zahrnuté v kúpnej cene tovaru a predávajúci tieto služby nie je povinný kupujúcemu poskytnúť.
• 6.9. Všetky akcie sú platné do vypredania zásob, pokiaľ pri konkrétnom produkte nie je uvedené inak.

7. Nadobudnutie vlastníctva a prechod nebezpečenstva škody na tovare

• 7.1. Kupujúci nadobúda vlastnícke právo k tovaru až úplným zaplatením celej kúpnej ceny za tovar.
• 7.2. Nebezpečenstvo škody na tovare prechádza na kupujúceho v čase, keď prevezme tovar od predávajúceho, alebo keď tak neurobí včas, tak v čase keď mu predávajúci umožní nakladať s tovarom a kupujúci tovar neprevezme.
• Complaint Procedure (Liability for Defects, Warranty, Complaints)

  8.1. SAFETY GUARANTEE
  All warranty claims for defects identified within 30 days of receipt of the goods will be resolved by replacing the product with a new one. If the product is not in stock, it will be ordered as soon as possible or the customer may select an alternative product of equivalent value. To expedite processing of complaints by replacement within 30 days of purchase, the claimed goods must be returned complete (including all accessories, manuals, etc.). The replacement guarantee does not cover mechanically damaged goods. NeoSun s.r.o. allows the return of unused goods within the statutory period of 7 days. The goods must be in their original packaging, unused, and complete. For used goods, a refund corresponding to the value of the used product will be offered. Customers purchasing goods for business purposes not intended for resale may withdraw from the contract within 7 days of receipt. The return period does not apply to products received during a complaint resolution (exchange for a new piece).

  8.2. The seller is responsible for product defects, and the buyer must report complaints promptly according to the valid complaint procedure. Information about service points for warranty and post-warranty service is available on the back of the warranty card or can be provided upon request via phone or email.

  8.3. Complaint handling is governed by the valid complaint procedure. By submitting an order, the buyer confirms that they have been properly informed about the terms and method of lodging a complaint, including where it can be submitted, and about the execution of warranty repairs in accordance with § 18 (1) of Act No. 250/2007 Coll. on Consumer Protection.

  8.4. The complaint procedure applies to goods purchased by the buyer from the seller via the seller's e-commerce website.

  8.5. This complaint procedure is valid for all business cases unless different warranty conditions are contractually agreed upon.

  8.6. Buyers may claim warranty only for goods with defects caused by the manufacturer, supplier, or seller, which are covered by the warranty and were purchased from the seller.

  8.7. Buyers are obligated to inspect goods upon receipt. Claims for visible defects must be made immediately; otherwise, claims can only be made if it is proven that the goods were defective at the time of receipt.

  8.8. During the warranty period, customers are entitled to free defect repairs upon presenting the product, including accessories, documentation, and instructions, to the authorized seller representative along with the warranty card and proof of payment.

  8.9. If the goods show defects, the buyer can claim a complaint at the seller's premises by delivering the goods at their expense and submitting a completed complaint form provided by the seller. The complaint process begins when:

  • The complaint form is submitted to the seller,
  • The goods are delivered to the seller,
  • Access codes, passwords, etc., necessary for the goods are provided.

  For goods that cannot be objectively delivered to the seller and are installed permanently, the process begins with:

  • Submission of the complaint form,
  • Inspection of the defective goods by a third party authorized by the seller, who issues a written confirmation,
  • Provision of access codes, passwords, etc.

  The start of the complaint process is considered the day the above conditions are met. Goods must be delivered to the seller's address unless otherwise agreed.

  8.10. The seller must accept complaints at any of their premises or designated locations as per § 18 (2) of the Act.

  8.11. At locations designated for complaint submission, the seller must ensure the presence of a person authorized to handle complaints per § 18 (3) of the Act.

  8.12. The buyer must report defects without undue delay; otherwise, they lose the right to free defect removal.

  8.13. The seller or designated person must issue a confirmation of the complaint detailing the defects and instructing the consumer on their rights per § 18 (5) of the Act. If submitted remotely, the confirmation must be delivered immediately or no later than when the complaint is resolved.

  8.14. Based on the buyer’s choice of their rights under §§ 622 and 623 of the Civil Code, the seller must determine the resolution method promptly, within 3 days for complex cases, or up to 30 days if technical evaluation is required. Complaints must be resolved within 30 days, failing which the buyer can withdraw from the contract or request a replacement.

  8.15. Buyers cannot claim defects they were informed of or were aware of at the time of purchase.

  8.16. The seller reserves the right to replace defective goods with equivalent items of comparable technical parameters.

  8.17. Warranty rights expire in cases such as:

  • Missing payment proof, delivery note, or warranty documents,
  • Failure to report visible defects upon receipt,
  • Expired warranty period,
  • Mechanical damage caused by the buyer,
  • Improper handling or usage conditions,
  • Unauthorized modifications or negligence.

  8.18. Complaints are resolved by:

  • Repairing the goods,
  • Replacing the goods,
  • Refunding the purchase price,
  • Providing a discount,
  • Written request for collection,
  • Justified rejection.

  8.19. Written documentation on complaint resolution must be issued within 30 days of complaint submission.

  8.20. The warranty period is 24 months unless otherwise specified, starting from the delivery date.

  8.21. The warranty period is extended by the duration of warranty repairs.

  8.22. For replacements, a new warranty applies only to the new item.

  8.23. Legitimate warranty repairs are free of charge.

  8.24. For removable defects, the seller will either repair or replace the goods as chosen by the buyer.

  8.25. For irreparable or recurring defects, the buyer can opt for a replacement or a refund.

  8.26. Complaints are only valid for defects listed in the complaint form.

  8.27. A recurring defect is defined as more than three occurrences of the same removable defect.

  8.28. A significant number of defects is defined as more than three different defects occurring simultaneously.

  8.29. Goods cannot be used for more than 100 days due to defects post-purchase.

  8.30. A claim for the same defect cannot be submitted twice after being resolved.

  8.31. If a complaint is rejected within 12 months, expert assessment is required at no cost to the buyer. For complaints after 12 months, costs are covered by the seller if the defect is proven.

  9. Personal Data and Its Protection

  Personal data is processed in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data, as amended.

  9.1. The operator does not provide the buyer's personal data to third parties, except for:

  • the selected transport company ensuring the delivery of goods or services,
  • state authorities in case of inspection,
  • a processor under a mutual agreement concluded in accordance with Act No. 18/2018 Coll.

  9.2. The operator is obliged to secure personal data against unauthorized access by adopting appropriate technical and organizational measures. All employees of the operator are bound by confidentiality regarding personal data.

  9.3. The data subject has the rights outlined in § 19 et seq. of Act No. 18/2018 Coll., including:
  a) The right to information, fulfilled by these terms and conditions.
  b) The right to request access to personal data (§ 21), allowing the data subject to obtain information about the processing methods and purposes. This request can be submitted to the contact email.
  c) The right to correct personal data (§ 22) if it is outdated.
  d) The right to delete personal data (§ 23) if the data subject no longer wishes for the operator to process their data.
  e) The right to restrict data processing (§ 24) if the data is processed unlawfully.
  f) The right to object to the processing of personal data (§ 27).
  g) The right to data portability.
  h) The right to file a complaint with the supervisory authority regarding the processing of personal data.

  9.4. The operator collects the following personal data from the buyer: title, first name, last name, address, delivery address, billing address, phone number, and email address. These are processed to correctly fulfill the buyer's order. This data is stored for 10 years for archival purposes and order processing, including issuing invoices, delivery notes, securing transportation, and accounting.

  9.5. The website records IP addresses, browsing time, and the sources of visits. Cookies are text files stored on the user’s computer to measure website traffic and customize the site’s content. The use of these cookies is considered a legitimate interest of the operator. Some cookies are from third parties, such as YouTube, Google, etc.

  9.6. The buyer can delete cookies or adjust their collection settings at any time in their web browser.

  9.7. If the buyer consents to the processing of personal data for email marketing purposes, they agree to receive email messages at their contact email address.

  9.8. The buyer can withdraw their consent to the processing of personal data at any time by sending a request to the contact email or by unchecking the relevant box in their user account (if a user account was created). Once consent is withdrawn, the operator will cease to use the provided personal data for email marketing purposes.

  10. Withdrawal from the Purchase Agreement

  10.1. The seller is entitled to withdraw from the purchase agreement in cases such as stock depletion, product unavailability, or if the manufacturer, importer, or supplier of the goods specified in the purchase agreement has discontinued production or made significant changes that prevent the seller from fulfilling their obligations under the agreement. Withdrawal is also permitted due to force majeure or if, despite all reasonable efforts, the seller is unable to deliver the goods to the buyer within the time specified in these terms or at the price listed on the online store. The seller must promptly notify the buyer of this fact and return any advance payment for the agreed goods within 15 days of the withdrawal notice, via bank transfer to an account designated by the buyer.

  10.2. The buyer is entitled to withdraw from the purchase agreement within 7 working days of receiving the goods without providing a reason, in accordance with § 12(1) of Act No. 108/2000 Coll. on Consumer Protection in Doorstep and Distance Selling, as amended ("Consumer Protection Act in Distance Selling").

  10.3. By submitting an order to the seller, the buyer confirms that the seller has duly fulfilled their information obligations in accordance with § 10 of the Consumer Protection Act in Distance Selling.

  10.4. Withdrawal from the agreement must be made in writing using a completed form specified by the seller, which is made available on the seller's website.

  10.5. The withdrawal must include the buyer's identification, order number and date, precise specification of the goods, and the method by which the seller should return any received payments, including account number and/or postal address. Along with the withdrawal, the buyer is required to return the goods, including accessories, documentation, instructions, warranty card, proof of payment, etc., in the original packaging and as an insured shipment.

  10.6. If the buyer withdraws from the agreement and returns goods that are unused, undamaged, in their original packaging, and complete, the seller will refund the purchase price specified in the binding order acceptance or a part of it within 15 days of receiving the withdrawal and the returned goods. The refund will be processed via bank transfer to the account designated by the buyer.

  10.7. If the buyer withdraws from the agreement and returns goods that are used, damaged, or incomplete, the seller will refund the purchase price specified in the binding order acceptance, reduced by the wear and tear value in accordance with § 457 of the Civil Code. The reduction will include 1% of the total price for each day of use and the costs of repairs to restore the goods to their original condition. This refund will also be processed within 15 days of receiving the withdrawal and the returned goods via bank transfer to the buyer's designated account.

  10.8. Upon valid withdrawal, the seller will refund the buyer the purchase price, including costs incurred by the buyer related to ordering the goods, provided that the buyer submits written proof of such costs with the goods. The buyer will not bear the return costs if the goods did not meet the quality requirements or were defective. Goods are considered to meet quality requirements if they have characteristics matching those described in the seller's online offer.

  10.9. Costs incurred by the buyer related to ordering the goods include, but are not limited to, the cost of making the order, such as phone call charges for placing the order or internet connection fees for accessing the seller's website to complete and submit the order form or send an email order, up to 30 minutes.

  10.10. If the buyer fails to comply with any obligations specified in points 10.4 and 10.5 of these terms and conditions, the withdrawal from the purchase agreement is invalid and ineffective. The seller is not obligated to refund the purchase price and is entitled to reimbursement of costs associated with returning the goods to the buyer.

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  11. Final Provisions

  11.1. The seller reserves the right to amend these terms and conditions. Any changes will be considered announced by their publication on the seller's online store website.

  11.2. If the purchase agreement is concluded in writing, any amendments must also be made in writing.

  11.3. In case of doubt, the parties agree that the period of use is considered the time from delivery of the goods to the buyer (as per point 5.7 of these terms) to the day the goods are returned to the seller (as per point 11.4 of these terms).

  11.4. The parties agree to communicate primarily via email.

  11.5. Matters not covered by these terms are governed by the applicable provisions of the Civil Code, the Consumer Protection Act, Act No. 22/2004 Coll. on Electronic Commerce, as amended, and the Consumer Protection Act in Distance Selling.

  11.6. These terms and conditions take effect upon the conclusion of the purchase agreement with the buyer.

  11.7. By submitting an order, the buyer confirms that they have read and fully agree to these terms and conditions.

  Issued in Spišská Nová Ves on September 1, 2017.