Part I
Consumer Terms and Conditions
1. General
1.1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the rights and obligations of the contracting parties arising from a consumer contract concluded between the Merchant, which is the company NAY as, with registered office at: Tuhovská 15, 830 06 Bratislava, company ID: 35 739 487, tax number: 2020270186, VAT number: SK2020270186, registered in the Commercial Register of the City Court of Bratislava III, section: Sa, insertion number 1640/B (hereinafter referred to as the “Merchant”), and the Buyer, which is the consumer, the subject of which is the purchase and sale of goods on the Merchant’s e-commerce website.
Merchant contact details:
E-mail:kaufland.deTel: 02/44 555 444
Correspondence address:
NAY AS
Tuhovská 15,
830 06 Bratislava, Slovak Republic
Regulatory authorities:
Slovak Trade Inspection Authority
Inspection Authority of the Bratislava Region SOI
Bajkalská 21/A, PO BOX no. 5, 820 07 Bratislava Supervisory Authority
ba@soi.sk
Tel
Fax numbers 02/58 27 21 72, 02/58 27 21 04 02/58 27 21 70
Product Technical Control and Consumer Protection Department Tel: +421 2 58 272 172 and +421 2 58 272 104
1.2. For the purposes of this section of the Terms and Conditions, the Consumer is understood to be the Buyer. For the purposes of this section of the Terms and Conditions, the Merchant is understood to be the Seller.
1.3. For the purposes of these Terms and Conditions, the Consumer is a natural person who, in connection with a consumer contract, the obligations arising from such a contract or commercial conduct, is not acting within the scope of his or her business activity or profession.
1.4. When placing an order, the Consumer will provide his or her name, surname, postal and billing address, telephone number and email contact details.
1.5. The General Terms and Conditions are an integral part of the Consumer Contract. If the Operator concludes a written consumer contract with the Consumer and the terms agreed upon by the parties differ from the General Terms and Conditions, the provisions of the Consumer Contract shall prevail over the General Terms and Conditions.
2. Method of conclusion of the Consumer Contract
2.1. The conclusion of the Consumer Contract is the binding acceptance by the Consumer of the Merchant's offer to conclude a consumer contract (hereinafter referred to as the "Order") by filling in and sending the form on the Merchant's website kaufland.de. The prices of all goods and services in the Online Store as well as all fees are quoted in Euros, inclusive of VAT. Conclusion of the Consumer Contract is conditional on the truthful and complete completion of all data and requirements required when placing an order.
2.2. Binding acceptance of a Consumer's order is the Merchant's confirmation of acceptance of the order by e-mail, marked "Order Confirmation", after prior acceptance of the order and verification of the availability of the goods, the valid prices and the delivery date of the goods requested by the Consumer. If a higher price is found, the Merchant is obliged to obtain the Consumer's consent to change the price according to the current price list before confirming the order. The contractual relationship is deemed to be completed only after the Consumer has agreed to the price change and the Merchant has subsequently confirmed (accepted) the order. All prices of goods and services listed in the Online Store as well as all fees are inclusive of VAT. The receipt by the Consumer of a notification of acceptance of the order automatically executed in the Merchant's electronic system at his e-mail address immediately after sending the order does not constitute a binding acceptance of the order; this notification is for information purposes only and serves to inform the Consumer that his order has been received. If necessary, all further information regarding his order will be sent to the Consumer's e-mail address.
2.3. The binding acceptance of the order contains in particular data on the name and specifications of the goods (the sale of which is the subject of the consumer contract), data on the price of the goods and/or other services, data on the time of delivery of the goods, the name and data on the place of delivery of the goods and data on the price, conditions, method and date of transportation of the goods to the agreed place of delivery of the consumer, data on the trader (business name, registered office, company ID, registration number in the commercial register, etc.) or other data.
2.4. If an error is detected in the order, the consumer can contact the merchant by phone or e-mail (the contact details are provided in the introduction to these terms and conditions).
2.5. If a valid contract has not been concluded according to Article 14, the consumer can cancel the order by giving the merchant a notice by e-mail or telephone within 24 hours after the delivery of the order to the merchant. II. This provision does not affect the consumer's right to cancel the contract for the delivery of goods (if the contract has already been concluded) even before the cancellation period begins. The consumer is obliged to provide the name, e-mail and description of the ordered goods in the order cancellation notice. If the Consumer has paid the Merchant in full or in part the purchase price at the time of cancellation, the Merchant will refund the full or in part of the purchase price paid by the Consumer within 14 days of cancellation in the same manner as the Consumer used to pay.
2.6. Pursuant to Law 222/2004. From 1 January 2013, the VAT-related data in the tax documents (invoices) issued cannot be changed. The data in the tax documents (invoices) can only be changed if the Consumer has not received and paid for the goods.
2.7. In the case of ongoing promotions, the sale of goods on the Merchant's website is subject to the binding terms and conditions of the relevant promotion in addition to these General Terms and Conditions. The Merchant is entitled to cancel the Consumer's order if the goods ordered by the Consumer violate the terms and conditions of the relevant promotion. The Consumer will be informed of the cancellation of the order by email and, if the full or in part of the purchase price has been paid, the funds will be refunded to the account specified by the Consumer within 14 days, unless otherwise agreed with the Merchant.
3. Rights and obligations of the Trader
3.1. The Trader is obliged to:
a) deliver the goods to the Consumer in accordance with the order confirmed by the Merchant in the agreed quantity, quality and time frame and pack or prepare them for transportation in the necessary manner to protect the goods;
b) ensure that the delivered goods comply with the applicable laws and regulations of the Slovak Republic,
c) provide the Consumer with all documents required for receiving and using the goods and other documents required by the applicable laws and regulations (instructions in Slovak language, tax documents, digital content/licenses (if it is the subject of sale)) in written or electronic form at the latest upon delivery of the goods,
d) sell and provide the Products at the agreed prices and fees, charge the prices and fees correctly when selling and providing the Products, and provide the Consumer with a receipt for the payment of the prices,
e) In any commercial communication, including advertising and marketing of products, requiring the consumer to contact the merchant through a paid service number or paid SMS to obtain the product, provide true and complete information about the price per call, the price per SMS or the highest possible price of a call or SMS that the consumer is obliged to pay for the call or SMS; in the event of a dispute between the consumer and the price and performance of the call or SMS that he should pay, the merchant shall bear the burden of proof of the claim and the amount,
f) indicate the trade name, registered office or place of business of the organization and the opening hours for consumers in an appropriate and permanently visible place,
g) sell second-hand or defective goods, separate from other goods or marked separately; this provision does not apply if the merchant offers second-hand or defective goods.
h) Demonstrate the goods or check them in front of the consumer before concluding the contract, if the nature of the goods permits and the consumer requests it,
i) Allow the consumer to check the weight or quantity of goods sold in batches,
j) Provide the consumer with all information and documents in the Slovak language or, with the consumer's consent, in another language understandable to the consumer, in the form prescribed by law, in the form determined by the contract or upon the consumer's request, and without additional cost to the consumer, in a form understandable to the consumer as provided for by international treaties to which the Slovak Republic is bound; the possibility of using other languages, signs, graphic symbols and pictograms remains unaffected,
k) When selling or providing products, observe the principle of equal treatment with consumers, provide services to consumers in a safe manner and with professional care,
l) Provide the consumer with written confirmation immediately after the consumer notifies the service defect, confirming the notification of the service defect and informing the period for rectification of the defect, which shall not exceed 30 days from the date of notification of the service defect. days,
m) if the Merchant denies liability for defects of the Services, inform the Consumer in writing of the reasons for the denial,
n) in case of termination of the contract, round up the amount paid in cash for the Products,
o) assist the Ministry of Economy of the Slovak Republic in out-of-court settlement of cross-border disputes between Consumers and Traders through the European Consumer Centres Network.
3.2. The Merchant is entitled to demand prompt and adequate payment of the purchase price of the delivered Goods by the Consumer.
3.3. If the Merchant is unable to deliver the Goods to the Consumer within the period specified in these Terms and Conditions or at the price specified in the Online Store due to the lack of stock or unavailability of the Goods, the Merchant is entitled to cancel the Order before it has been bindingly accepted, unless he and the Consumer agree on an alternative. The Consumer will be informed of the cancellation of the Order by e-mail, SMS or letter.
3.4. If the delivery of the Goods is prepaid by card, bank transfer or due invoice, the Merchant reserves the right to verify the identity of the Consumer or the person authorised to collect the Goods when collecting the Goods in person.
4. Rights and obligations of the consumer
4.1. The consumer is obliged to:
a) receive the purchased or ordered goods,
b) pay the agreed purchase price to the trader within the agreed period, including the cost of delivery of the goods
c) not damage the good commercial reputation of the merchant,
d) sign the delivery note to confirm receipt of the goods, or have his authorized person sign to confirm
4.2. The consumer is entitled to the delivery of the goods in the quantity, quality, date and place agreed by the contracting parties in the binding acceptance of the order.
4.3. The consumer has the right to
e) protect health, safety and economic interests,
f) obtain information within the scope and conditions provided for by this Act and legally binding EU acts,
g) exercise rights arising from product liability,
h) lodge a complaint with a consumer protection supervisory authority in accordance with Section 26 of the Consumer Code if the consumer's rights or legally protected interests are considered to have been violated;
(i) pay financial compensation to the person who violated the consumer's rights or consumer protection obligations if the consumer successfully asserts a violation of the consumer's rights or consumer protection obligations before the courts; when determining the appropriate amount of financial compensation, the court shall take into account in particular the nature, gravity, manner, extent, consequences, duration of the violation of the consumer's rights or obligations and the circumstances in the field of consumer protection.
5. Delivery and payment terms
5.1. The trader only offers transport within the territory of Slovakia. If the consumer wishes to send the goods abroad, it is not possible to transport them by this means. The consumer can choose to have the goods sent to the merchant's premises closest to the place where the consumer wants them to be delivered (for example, the merchant's store closest to a specific border checkpoint). In any case, the contractual relationship where the consumer is a foreigner will be governed by Slovak law and in case of disputes, the courts of the Slovak Republic will have local and substantive jurisdiction.
5.2. The goods are sold according to the display samples placed by the Merchant on its e-commerce website. The shelf life of the delivered goods is at least 2 months before the date. If the shelf life is shorter, the Merchant will contact the consumer by phone or email before shipping and only ship after obtaining the consumer's consent.
5.3. The Merchant is obliged to fulfill the consumer's order and deliver the goods to the consumer within 30 days from the date on which the Merchant accepts the consumer's order; the consumer does not have to keep this delivery deadline. Goods delivered with no service (transport without service) or without basic installation are delivered by the Merchant through third-party courier services on weekdays from 8:00 am to 5:00 pm. The delivery time of goods delivered by subscription service (NAY TRANSPORT) or TOPTRANS transport with basic facilities or without service or limited service is from Monday to Sunday from 9:00 am to 9:00 pm.
5.4. The Seller lists the options for the delivery of the goods and/or services and the costs of these individual options for the delivery of the goods and/or services (applicable throughout the territory of the Slovak Republic). The various modes of transport and their prices can be found at the following link: kaufland.de/napoveda/vsetky-moznosti-dorucenia
5.5. If the Operator does not fulfil its obligation to deliver the goods within the agreed period, the Consumer shall demand that the Operator deliver the goods within an additional reasonable period specified by the Operator. If the Operator fails to deliver the goods within this additional reasonable period, the Consumer shall be entitled to withdraw from the contract. The Contract may also be rescinded if the Consumer does not provide an additional reasonable period
a) the Merchant refuses to deliver the goods,
b) having regard to all the circumstances at the time of conclusion of the contract, timely delivery is particularly important, or
(c) the Consumer has informed the Merchant before entering into the contract that timely delivery is particularly important.
5.6. The Consumer is obliged to collect the goods at the place specified by the Merchant when accepting the Consumer's order. If the Consumer does not withdraw from the contract in writing in advance and does not take delivery of the goods within five working days after the expiration of the period specified in the Consumer Contract, the Merchant shall be entitled to claim compensation for actual losses caused by the failure to successfully deliver the order. After five working days from the day on which the consumer is obliged to take delivery of the goods, the merchant has the right to withdraw from the purchase contract and sell the goods to a third party.
5.7. If you choose the method of transport with delivery to address (NAY DOPRAVA), where delivery to an apartment, etc., the transport will only be carried out if the spatial definition of the place of delivery is suitable for its implementation. This applies, for example, if the corridor in the common area of the consumer's apartment is too narrow, or the stairs are too steep, etc. In this case, the goods will be delivered and left at a place where they can be delivered.
5.8. The merchant has the right to invite the consumer to pick up the goods before the expiration of the period agreed in the consumer contract.
5.9. The place of delivery of the goods is the place specified by the merchant when accepting the order, unless the parties agree otherwise in the consumer contract.
5.10. If the operator delivers the goods to the consumer at the place agreed in the consumer contract, the consumer is obliged to receive the goods in person or ensure that, in his or her absence, the person authorized by him or her to receive the goods, as specified in the consumer contract, receives the goods and signs the record of the delivery and handover of the goods. The third party authorized to receive the goods specified in the consumer contract is obliged to submit to the merchant the original or a copy of the consumer contract and proof of payment and written documents. If the goods need to be redelivered due to the consumer's absence from the place specified in the consumer contract, all costs related to this shall be borne by the consumer.5.11. The consumer has the right to inspect the goods, i.e. the goods and their packaging, immediately after delivery. If the consumer detects mechanical damage to the goods or the packaging of the goods, he has the right to inform the carrier of this fact and to inspect the condition of the goods in the presence of the carrier. If the consumer finds the goods damaged when receiving them, he has the option of immediately rejecting them. The carrier is obliged to prepare a damage report on the damage to the goods in the presence of the consumer and at the request of the consumer. Based on the record thus prepared and delivered to the merchant, the merchant may, after concluding the damage incident with the carrier, offer to eliminate the shortage of goods, discount on goods and, in case of irreparable defects in the goods, deliver new goods to the consumer. Such claims will need to be substantiated in the future. Incomplete or damaged goods must be reported immediately by e-mail to the following address: reklamacienay@kaufland.de, and a damage report must be written to the carrier and sent to the merchant's address by e-mail or post without delay. Otherwise, complaints about such goods will be accepted only if the consumer proves that the goods already had the alleged defect when they were received.
5.12. If the Merchant fails to deliver the goods within the period specified in these Terms and Conditions, the Consumer shall be entitled to withdraw from the Consumer Contract and the Merchant shall be obliged to return to the Consumer the portion of the purchase price paid without undue delay, but no later than 14 days from the day on which the Consumer withdraws from the contract, in the same manner as the Consumer paid the goods, unless another method of return has been agreed with the Consumer and without additional costs to the Consumer.
5.13. Each shipment includes an invoice – a tax document, which also serves as proof of delivery and warranty, unless the ordered goods are accompanied by a separate manufacturer's warranty certificate.
5.14. All payment methods and their current conditions can be found on the website https://kaufland.de/napoveda/moznosti-platby
5.15. Prepayment by bank transfer. If you choose to pay by conventional bank transfer, we will automatically send you payment instructions by email. After the payment has been deposited in our account, you will receive the tax document by the same email. Our automated system always performs this task on the next business day. In case of prepayment by bank transfer, the delivery date may be affected by the payment date. The amount must be credited to our account within five working days of order confirmation, otherwise the order may be considered cancelled. Proof of identity (ID card, passport) is required for personal collection.
5.16 Goods with digital elements are deemed to be supplied when the relevant digital content or digital service is made available to the Consumer for download and installation, or, if the digital content is provided continuously or the digital service is provided for an agreed period, when it is provided to the Consumer.
6. Purchase price
6.1. The Consumer is obliged to pay the Merchant the purchase price of the Goods agreed in the Consumer Contract and/or in accordance with the Merchant's price list in force at the time the Consumer Contract was concluded, including the costs of delivering the Goods (hereinafter referred to as the "Purchase Price"). All prices listed on the Merchant's website are final. The price of the Goods does not include shipping and packaging costs. Any shipping and packaging costs will be charged at the end of the order. The Consumer pays the price of the Goods listed on the Merchant's website when placing an order. The Consumer's personal discount is subject to a separate agreement.
6.2. If the Consumer pays the Purchase Price to the Merchant by bank transfer, the day of payment is the day on which the full Purchase Price is credited to the Merchant's account.
6.3. The Consumer is obliged to pay the Merchant the purchase price of the agreed Goods within the period specified in the Consumer Contract, but no later than upon receipt of the Goods.
6.4. If the Consumer has paid the Merchant the purchase price of the Goods agreed in the Consumer Contract, the Consumer is entitled to withdraw from the Consumer Contract and to demand a refund of the purchase price solely in accordance with the applicable legal provisions of the Slovak Republic.
6.5. The costs associated with the assembly and disassembly of the Goods are not included in the purchase price of the Goods and the Seller is not obliged to provide these services to the Buyer.
6.6. All promotions are valid while stocks last, unless otherwise stated for a specific product.
6.7. If the Consumer paid the purchase price of the returned or claimed Goods and the rescinded Goods in the form of a gift voucher or a gift voucher and cash payment, the Merchant will refund the purchase price to the Consumer in the same manner as the Consumer paid it (i.e. in the same manner as the Consumer used for payment, unless the Merchant agreed with the Consumer on another method of return and without charging the Consumer additional fees).
6.8. The Consumer is entitled to purchase only the quantity that corresponds to the normal operation of the household or the normal operation of the Merchant. All of the Merchant's goods are not intended for industrial or professional use. The Merchant's goods are not intended for resale. If the Consumer orders or purchases quantities that are not suitable for the normal operation of the household or the Merchant's business, or if the Merchant believes that such goods are intended for resale, the Merchant shall be entitled to cancel the order and, if the order has been confirmed, to withdraw from the purchase contract without any further claims by the Consumer.
6.9. The recycling costs for each appliance are shown separately and are also listed in the GST document.
7. Acquisition of title to the goods and passing of the risk of damage to the goods
7.1. Title to the goods passes to the Consumer upon receipt of the goods at the agreed place. A Consumer who does not meet the definition of Consumer set out in these Terms and Conditions acquires title to the goods only upon full payment of the full purchase price of the goods. The goods are deemed to have been delivered when they are collected by the individual or received from the transport company.
7.2. The risk of accidental destruction, accidental deterioration, loss or other damage to the goods passes to the Consumer when the Merchant delivers the goods or, if the Merchant fails to deliver in time, when the Merchant allows the goods to be handled by the Merchant and the Consumer does not accept the goods.
8. Complaints Procedure (Defect Liability, Warranty, Complaints)
8.1. The Merchant is responsible for defects in the Goods and the Consumer is obliged to file a complaint with the Merchant immediately in accordance with the applicable complaints procedure. Information on warranty and post-warranty service points is provided on the back of the warranty card, respectively. If necessary, it will be provided by telephone or email upon request of the Consumer.
8.2. Complaints are handled in accordance with the complaints procedure published on the Seller's website kaufland.de. By checking this box before sending the order to the Merchant, the Consumer confirms that he has read the complaints procedure and fully agrees to it, and at the same time confirms that he has been properly informed of the conditions and methods of making complaints about the Goods, including information on the place of complaints and the execution of warranty repairs.
8.3. The complaints procedure applies to Goods purchased by the Consumer from the Merchant in the form of e-commerce on the Merchant's e-commerce website.
8.4. The complaints procedure in this form applies to all commercial cases, unless other warranty conditions are agreed in the contract.
8.5. If the goods are defective and the defect is caused by the manufacturer, supplier or trader, and the goods are covered by the warranty and the goods were purchased from the trader, the consumer has the right to claim compensation from the trader during the warranty period, as long as he can prove that the goods were purchased from the trader and that the goods are within the warranty period (e.g. proof of payment, warranty certificate, etc.).
8.6. The consumer has the right to inspect the goods after receiving them. If he fails to do so and proves that the goods already had these defects when he received them, the trader shall be responsible for the defects of the goods found during the inspection.
8.7. During the warranty period, the consumer has the right to have defects repaired free of charge, but he must show the goods (including accessories, documents, instructions) to the authorized representative of the merchant and prove that the goods were purchased from the merchant and are within the warranty period (e.g. proof of payment, warranty certificate, etc.).
8.8. The consumer can exercise the right of liability for defects separately. Complaints about goods can only be made if the defect is reported to the merchant within two months after the defect is discovered, but no later than the expiration of the warranty period.
8.9. If the Goods are defective, the Consumer has the right to lodge a complaint at any of the Merchant’s premises by delivering the Goods (including accessories) to NAY s.r.o., Complaints Department, Tuhovská 15, PO BOX 10, Bratislava 830 06, filling in the complaint form and handing it to the Merchant. The form of the form will be determined by the Merchant, a sample of which will be placed on the Merchant’s website. The Consumer is obliged to indicate in the form exactly the type and extent of the defect in the Goods, as well as the time when the defect was discovered. The Consumer also has the right to lodge a complaint with the person authorized by the manufacturer of the Goods to carry out warranty repairs (hereinafter referred to as the “Designated Person”). The list of Designated Persons is contained in the warranty certificate or sent to the Consumer by the Merchant upon the Consumer’s request.
8.10. The Merchant recommends that the Consumer obtain insurance for the transport of the Goods. The Merchant does not accept Goods shipped immediately upon arrival.
8.11. For goods that can be delivered to the merchant objectively, the complaints procedure begins on the date when all of the following conditions are met:
a) the consumer submits the completed complaint form to the merchant,
b) the consumer delivers the goods (including accessories) claimed by the merchant to the merchant.
c) the consumer delivers the access code, password and goods to the merchant (if the consumer has received them).
For goods that cannot be delivered to the merchant objectively and are permanently installed, the complaints procedure begins on the date when all of the following conditions are met:
a) the consumer submits the completed complaint form to the merchant,
b) the goods complained about are inspected by a third party designated by the merchant and a written confirmation is issued to the consumer after the inspection,
c) the consumer delivers the access code, password and goods to the merchant (if the consumer has received them).
The beginning of the complaints procedure is also the date on which the complaint is made. The claimed goods must be delivered to the registered office of the trader, unless the trader or the nominee specifies otherwise (e.g. the goods are delivered directly to the nominee). If you have any questions, please contact NAY at 02/44 555 444 or send an e-mail to reklamacienay@kaufland.de.
The complaint form can be downloaded here (click here to view the complaint form).
The above suggestions for complaints do not exclude the consumer from making a complaint in other ways.
8.12. The merchant is obliged to accept complaints at any of its facilities where complaints can be received, i.e. at its registered office or a designated person.
8.13. The merchant is obliged to ensure that a person authorized to deal with complaints is present at the place designated for receiving complaints in accordance with these terms and conditions.
8.14. If the merchant is responsible for the defects of the goods sold, the consumer has the right to demand repair or replacement of the defective goods, the right to receive an appropriate discount on the purchase price, or the right to terminate the consumer contract in accordance with Article 621(1) of the Civil Code, Article 1.
8.15. The Merchant or a designated person will provide the Consumer with a written confirmation of the claim for goods or the complaint of defects in an appropriate form chosen by the Seller, such as by email or in writing, immediately after the Consumer complains about a defect in the goods.
8.16. The warranty does not apply to defects that the Consumer has been notified of by the Merchant at the time of the conclusion of the contract or that the Consumer should have known about, taking into account the circumstances of the conclusion of the Consumer contract.
8.17. The warranty period is two years (unless a consumer warranty is provided in special cases) and begins on the date the Consumer receives the goods. If, in accordance with other legal provisions, the goods, their packaging or instructions specify a period of use for the goods, the warranty period ends at the expiration of that period. Defects in the goods and claims arising from defects in the goods must be made before the end of the warranty period. After the warranty period has expired, the right to complain expires.
8.18. The warranty period for second-hand goods is 1 year, starting from the date of delivery.
8.19. The Merchant will specify a reasonable time period for eliminating the defect in the confirmation of receipt of the complaint. The maximum period for eliminating the defect is 30 days from the date of notification of the defect, unless a longer period is required for objective reasons beyond the control of the Merchant.
8.20. If the operator refuses to assume liability for defects, he shall inform the consumer in writing of the reasons for refusing liability for defects. If the consumer proves that the trader is responsible for the defect through an expert or professional opinion issued by an accredited person, an authorized person or a notified person, the consumer may repeatedly point out the defect and the trader cannot deny liability for the defect.
8.21. The consumer has the right to choose to eliminate the defect by replacing or repairing the product. The consumer may not choose a method of defect repair that is impossible or that would cause the trader disproportionate costs compared to a second method of defect repair, taking into account all the circumstances, in particular the value of the goods in the absence of the defect, the severity of the defect and whether the second method of defect repair would cause the consumer significant hardship.
8.22. The trader may refuse to eliminate the defect if repair or replacement is impossible or would require unreasonable expenses taking into account all the circumstances.
8.23 After the consumer has pointed out the defect, the trader shall repair or replace the item free of charge and at its own expense within a reasonable period and without causing significant inconvenience to the consumer, taking into account the nature of the item and the purpose for which the consumer requires the item. For repair or replacement, the consumer shall hand over or offer the item to the trader. The cost of receiving the item is borne by the trader.
8.24 In the case of a replacement of the item, the consumer will receive a document stating the replacement item and any further complaints should be made based on the original delivery note and this complaint document. In the case of a replacement of the item, the warranty period will restart from the date of receipt of the new item, but only for the new item.
8.25. The right to free warranty repairs expires:
Failure to present the warranty certificate, accessories or documentation for the goods,
Failure to report obvious faults after receipt of the goods,
After the expiration of the warranty period for the goods,
Mechanical damage to the goods caused by the buyer,
Use of the goods under conditions inconsistent with the natural environment such as humidity, chemical and mechanical influences,
Unprofessional handling, service or negligent care of the goods,
Damage to the goods due to overloading or use contrary to the provisions of the documentation,
General principles, technical standards or safety regulations valid in the Slovak Republic,
Damage to the goods due to unavoidable and/or unforeseeable events,
Damage to the goods due to accidental destruction and accidental deterioration,
Unprofessional intervention, damage during transport, damage caused by water, fire, static electricity or atmospheric electricity or other force majeure,
Unauthorized persons interfering with the goods
8.26. The warranty does not cover normal wear and tear of the item (or its parts) caused by use. Therefore, a shorter product life cannot be regarded as a defect.
8.27. Unless otherwise agreed by the parties, the Merchant shall deliver the repaired goods or replacement goods to the Consumer at its own expense in the same or similar manner as the Consumer delivered the defective goods. If the consumer does not receive the goods within six months of the date on which they should have been received, the merchant may sell the goods. If the goods are of high value, the merchant shall notify the consumer of the intention to sell in advance and provide reasonable additional time for the consumer to receive the goods. If the consumer exercises the right to share in the proceeds within a reasonable period specified in the merchant's notice of the sale of the goods, the merchant shall pay the consumer the proceeds of the sale of the goods immediately after the sale of the goods, less the reasonable expenses incurred in storing and selling the goods. If the goods have not been sold, or the expected proceeds from the sale are insufficient to cover the reasonable expenses incurred by the merchant in storing the goods and the expenses that the merchant must incur in selling the goods, the merchant may destroy the goods at its own expense.
8.28. If a new product is required, the consumer will receive a document indicating the replacement of the goods, and any further complaints should be based on the original delivery note and this complaint document.If a replacement is required, the warranty period will restart from the date of receipt of the new goods, but only for new goods.
8.29. When eliminating a defect, if the replacement or repair requires the removal of a defective item that was installed before the defect became apparent due to its nature and purpose, the merchant will ensure that the item is removed and the repaired item or replacement item is installed. The merchant and the consumer may agree that the consumer will arrange the removal of the item and the installation of the repaired or replaced item at the merchant's expense and risk.
8.30. When eliminating a defect by replacing the goods, the merchant is not entitled to compensation for damage caused by normal wear and tear of the goods and damage caused by normal use of the goods before the replacement.
8.31. If the merchant terminates the complaint procedure by rejecting the complaint for legitimate reasons, but the product defect objectively exists and has not been eliminated, the consumer may exercise the right to require the elimination of the product defect through the court.
8.32. Complaint warning: Products with system access codes in the complaint may be returned without repair, because it is impossible to reinstall the device system and eliminate system failures. The consumer is obliged to provide these passwords when submitting a complaint or to delete them before submitting a complaint. If the product password is not deleted, the complaint cannot be processed. If the product is registered with a location service, it is necessary to first deregister the device from the service. If the merchant or the service center receives the complaint and finds that the access is blocked, the date of delivery of the access code to the consumer is considered the beginning of the complaint procedure. The merchant is not responsible for any damage to the device during delivery to the service center if the consumer returns the device without the original packaging or replacement packaging. If the service center changes the software or firmware in the device, the merchant is not responsible for any changes in the control of the device, any loss of data or any damage caused by the loss of data stored in the device. Please back up the data in devices with internal memory (mp3, HDD). If the consumer delivers the complained goods containing applications installed by the consumer (such as social networks), photos, videos taken by the consumer, etc., we recommend removing or deleting these contents before sending the complained goods. Deleted. The above provisions do not apply if the defect of the goods prevents the consumer from using these applications, photos, videos, etc. In this case, we recommend changing the access password for security reasons after the defect has been repaired.
8.33. Consumers have the right to contact merchants to request redress if they are not satisfied with the way the merchant has handled their complaints, or if they contact merchants to request redress but are not satisfied with the way the merchant has handled their complaints, or if they believe that the merchant has violated their rights. If the merchant responds negatively to such a request or does not respond within 30 days from the date of issuance, the consumer has the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution body. The subject of alternative dispute resolution is the "Slovak Trade Inspection Office, Bajkalská 21/1, P.O. Box 29, 820 07 Bratislava 27" or other relevant authorized legal entities registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk). Consumers have the right to choose the alternative consumer dispute resolution body they would like to approach.
8.34. The consumer is entitled to a reasonable discount on the purchase price or to withdraw from the consumer contract without providing an additional reasonable period of time if:
the trader fails to repair or replace the item,
the trader fails to repair or replace the item in accordance with § 623. 4 and 6 of the Civil Code,
the trader refuses to eliminate the defect on the grounds that repair or replacement is impossible or would incur unreasonable costs taking into account all the circumstances (in particular the value of the item in the absence of the defect, the severity of the defect and whether alternative methods of eliminating the defect would cause significant hardship to the consumer),
the defect persists despite repair or replacement of the item,
the defect is of a serious nature and justifies an immediate reduction in the purchase price or withdrawal from the consumer contract, or
the trader has stated or it is clear from the circumstances that it will not remedy the defect within a reasonable time or without causing significant inconvenience to the consumer.
8.35. When assessing the consumer's right to obtain a discount on the purchase price or to withdraw from the consumer contract, all circumstances shall be taken into account, in particular the type and value of the item, the nature and severity of the defect and the objective likelihood that the consumer is required to trust the trader's ability to eliminate the defect.
8.36. The discount on the purchase price must be proportional to the difference between the value of the item sold and its value if it were free of the defect.
8.37. A consumer cannot withdraw from a consumer contract if the consumer participated in the occurrence of the defect or if the defect is negligible. The burden of proof to prove that the consumer was responsible for the defect and that the defect was negligible lies on the trader.
8.38 If the contract involves the purchase of multiple items, the consumer can only withdraw from the contract with respect to the defective item. With respect to the other items, he can only withdraw from the contract if he cannot reasonably expect that he would be interested in keeping the other items without the defective item.
8.39. Upon the consumer's rescission of the contract or partial rescission of the contract, he shall return the goods to the trader at the trader's expense. The trader will ensure that the items installed before the defect arose are removed in accordance with their nature and purpose. If the trader does not remove the item within a reasonable time, the consumer may arrange for the item to be removed and delivered to the trader at the trader's expense and risk.
8.40. Upon termination of the contract, the Merchant shall refund the purchase price to the Consumer within 14 days from the date on which the Goods are returned to the Merchant or upon proof that the Consumer has sent the Goods to the Merchant, whichever occurs first.
8.41. The Merchant shall refund the Purchase Price to the Consumer or pay him a discount on the Purchase Price in the same manner as the Consumer paid the Purchase Price, unless the Consumer has expressly agreed to another payment method. All costs associated with payment shall be borne by the Merchant.
8.42. The Merchant shall not be entitled to compensation for damages caused by normal wear and tear of the Goods and remuneration for normal use of the Goods before withdrawal from the Consumer contract.
8.43. If the subject matter of the purchase is an object with digital elements and digital content or digital services are provided continuously during the agreed period, the Seller shall be liable for any defects in the digital content or digital services that occur or become apparent during the entire agreed period, but at least
two years from the date of delivery of the object with digital elements.
8.44. For second-hand objects containing digital elements, the warranty period is one year after delivery.
8.45. A smart TV or smartphone is considered to be something with a digital element.
8.46. A trader is liable for defects caused by incorrect assembly or installation of goods, digital content or digital services if:
(a) the assembly or installation is part of the consumer contract and is carried out by or under the trader’s responsibility, or
(b) the consumer incorrectly carries out the assembly or installation that should have been carried out by the consumer because of defects in the assembly or installation instructions provided to the consumer by the trader or supplier of the digital content or digital service.
8.47. A trader is not liable for defects in an item with a digital element that are caused solely by the failure to install an update, pursuant to Article 617(1) 3, if the consumer does not install the update within a reasonable period after the update has been delivered, and
(a) the trader has informed the consumer of the availability of the update and the consequences of not installing it, and
b) the consumer’s failure to install or incorrect installation of the update was not caused by defects in the installation instructions provided.
9. Personal information and its protection
9.1. The Trader has implemented appropriate technical, organizational and personnel measures corresponding to the methods of processing personal data, taking into account in particular the applicable technical means, the confidentiality and importance of the personal data processed, and the degree of potential risk of a breach of the security or functionality of its information systems, in compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) and Regulation No. 18/2018 on the protection of personal data. The Consumer consents to the processing of his personal data in accordance with these rules (click here for the Privacy Policy).
10. Rescission of the consumer contract, irrevocability of the consumer contract
10.1. The merchant is entitled to terminate the consumer contract due to stock being sold out, the goods being unavailable, or the manufacturer, importer or supplier of the goods agreed in the consumer contract suspending production or making significant changes that make it impossible to fulfil the merchant's obligations under the consumer contract or due to force majeure, or if the merchant is unable to deliver the goods to the consumer within the period stipulated in these terms and conditions despite having made all reasonable efforts. The merchant is obliged to inform the consumer of this fact immediately and to return the deposit paid for the goods agreed in the consumer contract without delay, but no later than 14 days from the date of notification of withdrawal from the contract, in the same way as the consumer paid for the goods. This does not affect the consumer's right to agree with the merchant on another payment method, provided that the consumer is not charged additional fees in this regard. The merchant is entitled to withdraw from the consumer contract even if the consumer does not take delivery of the goods within 15 working days from the date on which he is obliged to take delivery of the goods.
10.2. The consumer may withdraw from a distance contract or a contract concluded outside the merchant’s premises until
a) 14 days from the date on which the consumer received the goods or from the date on which the contract for the provision of services was concluded,
b) 30 days from the date on which the contract was concluded in the case of or involving unsolicited visits or sales activities.
10.3. When the consumer or a third party designated by him (except the carrier) receives all parts of the ordered goods, or if
a) the goods ordered by the consumer in one order are to be delivered separately upon receipt of the last delivered goods,
b) in the case of deliveries consisting of several parts or pieces, upon receipt of the last part or last piece,
c) in the case of multiple deliveries within a certain period, upon receipt of the first delivery
10.4. By sending the order to the merchant, the consumer confirms that the merchant has duly and properly fulfilled its information obligations pursuant to Article 3(1) of Article 1 of the Act on Consumer Protection in the Sale of Goods.
10.5. The consumer may exercise the right to withdraw from the contract in writing to the operator or by recording it on another durable medium. If the contract was concluded orally, any statement by the consumer clearly expressing his or her intention to withdraw from the contract is sufficient to exercise the consumer's right to withdraw from the contract. The consumer can use a sample form for withdrawal from the contract and send it to the address NAY as, Complaints Department, Tuhovská 15, PO BOX 10, Bratislava 830 06. The withdrawal form can be downloaded here (click here, you will see the withdrawal form).
10.6. In accordance with the previous point of these general terms and conditions, the withdrawal of the consumer contract via the withdrawal form must contain the data required therein, in particular the exact specifications of the goods, the order date, the name of the consumer, the address of the consumer, the signature of the consumer.
10.7 If the consumer withdraws from the contract, any supplementary contract related to the contract withdrawn by the consumer is also invalid from the outset; this does not apply if the parties have expressly agreed on a further term for the supplementary agreement.
10.8. The consumer may withdraw from the contract for the delivery of goods even before the withdrawal period begins. The cancellation period will be maintained if the consumer gives the merchant notice of cancellation before the last day of the period.
10.9. If the merchant supplies multiple products under the consumer contract, the consumer can only withdraw from the contract with respect to a specific product or products.
10.10. The consumer is obliged to return or hand over the goods to the merchant within 14 days from the date of withdrawal from the consumer contract to the address NAY as, Complaints Department, Tuhovská 15, PO BOX 10, Bratislava 830 06. The period stipulated in the first sentence is deemed to have been met if the consumer sends the goods to the merchant no later than the last day of the cash on delivery shipment and the merchant does not accept them.
10.11. When revoking the consumer contract, the consumer shall only bear the costs of returning the goods to the merchant.
10.12. The consumer shall be liable for the depreciation of the goods caused by processing the goods beyond what is necessary to determine their properties and functioning.
10.13 Upon rescission of the contract, the Merchant shall refund to the Consumer all payments made by the Consumer under the contract, in particular the purchase price, including transport costs, delivery costs, postage and other costs and expenses. The Merchant shall refund to the Consumer all payments made in accordance with the provisions of the preceding sentence to the extent corresponding to the rescission of the contract, unless the Consumer has rescinded the entire contract. However, the Merchant is not obliged to reimburse the Consumer for the additional costs if the Consumer has chosen a method of delivery other than the cheapest standard delivery method offered by the Merchant. The additional costs are understood to be the difference between the delivery costs chosen by the Consumer and the costs of the cheapest standard delivery method offered by the Merchant. The payments will be refunded to the Consumer within 14 days from the date of receipt of the Consumer's notice of withdrawal. The method of payment will be the same as the one used by the Consumer when making the payment. This does not affect the Consumer's right to agree with the Merchant on another payment method, provided that the Consumer is not charged additional costs in this regard. Instead of a refund, the Consumer may choose another product agreed with the Merchant.
10.14. The Merchant is not obliged to refund to the Consumer all payments made under these General Terms and Conditions before the Consumer has delivered the goods to the Merchant or before the Consumer proves that the goods have been returned to the Merchant. The Merchant will pay the Consumer the price of the purchased goods only after the returned goods have been delivered to the address specified by the Merchant or after the return of the goods has been documented, whichever occurs first.
10.15. If, under the Consumer Contract, the goods have already been delivered to the Consumer's home at the time of the conclusion of the contract and, taking into account the nature of the goods, it is not possible to return the goods to the Merchant by post, the Merchant is obliged to ensure that the goods are collected at its own expense within the prescribed period in accordance with these General Terms and Conditions.
10.16. If the Consumer withdraws from the contract in accordance with these General Terms and Conditions and delivers to the Merchant used, damaged or incomplete goods, or if the value of the goods in question has decreased due to treatment of the goods beyond that necessary to determine their nature and function, the Merchant is entitled to claim from the Consumer compensation for the amount of money required to repair the goods and restore them to their original condition, or the Merchant is entitled to claim compensation from the Consumer for the decrease in the value of the goods.
10.17. The Consumer is obliged to return or hand over the purchased goods together with the accessories to the Merchant within 14 days from the date of the cancellation of the contract.
10.18. Upon termination of the contract, the consumer is responsible for the direct costs of returning the goods to the merchant or to a person authorised by the merchant to receive the goods, as well as the costs of returning goods that, due to their nature, cannot be returned by post. It is not possible to reasonably calculate the direct costs associated with returning the goods. Based on the information available, it is estimated that these costs will vary depending on the size and weight of the goods, the distance they have to be returned and the price of the services provided by the carrier chosen by the consumer.10.19. If the Consumer fails to fulfil any of the obligations set out in Article 10 of these General Terms and Conditions, the withdrawal from the Consumer Contract shall be ineffective and the Merchant shall not be obliged to refund all demonstrable payments made to the Consumer under these General Terms and Conditions and shall also be entitled to compensation for the costs associated with returning the goods to the Consumer.
10.20. Payments made in cash for Products upon termination of the Contract shall be rounded to the nearest 5 cents; if the total balance of the payment after rounding is less than half of the value of 5 cents, it shall be rounded down; if the total balance of the payment after rounding is equal to or greater than half of the value of 5 cents, it shall be rounded up. If the payment is the sum of the prices of several Products in accordance with the first sentence, the final payment amount shall be rounded up. Payments of 1 cent or 2 cents shall be rounded to the nearest 5 cents.
10.21. The consumer cannot withdraw from the contract
a) the provision of services, provided that the services have been fully rendered; 2. the provision of services begins before the expiration of the withdrawal period, with the express consent of the consumer, who declares that he has been informed that, if the consumer is obliged to pay the price under the contract, the consumer loses the right to withdraw from the contract after the services have been fully rendered, with his express consent,
b) the price of the products delivered or provided depends on price movements on the financial market, which the trader cannot influence and which may occur during the withdrawal period,
c) the delivery of goods manufactured according to the consumer's specifications or custom goods,
d) the sale of perishable or damaged goods,
e) the sale of goods in protective packaging that is not suitable for return due to health protection or hygiene reasons and whose protective packaging is damaged after delivery,
f) the sale of goods that, due to their nature, may be inseparably mixed with other goods after delivery;
g) the sale of alcoholic beverages, the price of which is agreed upon at the time of conclusion of the contract, but whose delivery can be cancelled at the earliest within 30 days later, the price of which depends on market price movements which the trader cannot influence,
(h) urgent repairs or maintenance during a visit to the consumer, which is an explicit request from the consumer to the trader; this does not apply to contracts for the provision of services other than repairs or maintenance, nor to contracts for the provision of goods other than spare parts required for repairs or maintenance, if these contracts are concluded during the trader's visit to the consumer and the consumer has not ordered these goods or services in advance,
i) the protective packaging of the delivered recordings, videos, audiovisuals or software is damaged after delivery;
j) the delivery of periodicals, except for periodicals delivered under a subscription contract;
k) goods purchased at public auctions,
l) the provision of accommodation services for purposes other than housing, goods transportation, car rental, catering services or services related to leisure activities, if, according to the contract, the operator shall provide these services at clearly agreed times or within a period,
m) Digital content provided by the merchant in the form of a non-tangible medium, if
the delivery of the digital content has begun,
the consumer has expressly consented to the start of the provision of the digital content before the expiration of the withdrawal period and declares that he has been duly informed that, once consented, he loses the right to withdraw from the contract at the start of the provision of the digital content, and the merchant has provided the consumer with confirmation pursuant to Article 17(1) of Article 12 letter. b) or Article 13 letter. b) of the Consumer Protection Act, if the consumer is obliged to pay the price under the contract.
10.22. When issuing a credit note, the consumer may be asked to produce a valid identity document for inspection in order to protect the consumer's property rights and confirm his identity. By producing the identity document for inspection, the consumer consents to the processing of personal data in accordance with Act No. 18/2018. on the protection of personal information on identity cards, as amended by subsequent laws and regulations, during the period of identity card inspection.
10.23. The merchant reserves the right to cancel an order or part of an order if it is impossible to deliver the goods within the stipulated period for technical reasons, if the goods are no longer available or produced, or if there is a significant change in the prices of the supplier (manufacturer) of the goods. If this happens, the Merchant will immediately contact the Consumer to agree on further payments. If the Consumer has already made an advance payment, the amount will be immediately transferred back to his account or address. To cancel the order, please contact the Seller.
10.24. If the Consumer does not exercise his right to withdraw from the contract in accordance with these General Terms and Conditions and does not collect the delivered goods at the relevant post office or courier, i.e. the goods are returned to the Merchant, the contract is cancelled from the outset and the Consumer is obliged to pay the Merchant any damages and all related costs (e.g. costs of sending and returning the goods, postage, packaging, etc.) resulting from this.
11. Alternative dispute resolution
11.1. If the Consumer is not satisfied with the way the Merchant has handled the complaint or believes that the Merchant has violated his rights, the Consumer has the right to contact the Merchant and request redress. If the Merchant responds negatively to such a request or does not respond within 30 days from the date of the request, the Consumer has the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity. The entities for alternative dispute resolution are the authorities and authorized legal entities provided for in Article 3 of Law 391/2015. Regarding alternative consumer dispute resolution, such as the Slovak Trade Inspection Authority, the consumer has the right to choose that he will seek alternative consumer dispute resolution. The merchant's email contact information iskaufland.de. When submitting a proposal, the consumer shall proceed in accordance with the provisions of Article 12 of Act No. 391/2015. Regarding alternative consumer dispute resolution. Alternative dispute resolution can be used to resolve disputes between consumers and merchants arising from or related to consumer contracts. The value of the dispute to be resolved by alternative dispute resolution must exceed EUR 20. The alternative dispute resolution institution may charge the consumer with the cost of initiating alternative dispute resolution, up to a maximum of EUR 5 including VAT, at the earliest when sending the notice of initiating alternative dispute resolution.
11.2. The consumer has the right to use the online dispute resolution platform (hereinafter referred to as "ODR") to resolve disputes in the language of his choice. The consumer can use the ODR platform (http://ec.europa.eu/consumers/odr/) to seek alternative resolution of disputes. When submitting a complaint to the RSO platform, the consumer needs to fill out an electronic complaint form. The information submitted must be sufficient to identify the relevant alternative dispute resolution entity. The consumer may attach documents to support his complaint.
12. Product Reviews
12.1. The Merchant reserves the right not to publish product reviews that contain inappropriate terms, are false, are irrelevant to the product in question, refer to external websites, or in any other way damage the Merchant's reputation.
12.2. All reviews published on kaufland.de are from customers who have actually purchased the reviewed product. After completing the order, each customer receives a unique link to fill out a review of the specific product purchased, which is sent to the email address provided in the order. Only one review can be submitted per purchased product. Reviews may also come from customers of online stores operated by NAY as affiliates (for example, within a certain group of companies), who have contractually agreed that the reviews provided to NAY as in an anonymous form are only from customers who actually purchased the reviewed product.
13. Gift Certificates
13.1. Gift certificates (certificates) issued by the Merchant can be used to purchase goods on the Merchant's e-commerce website. Unless otherwise stated, gift vouchers can only be used to purchase goods and not for services, delivery and other costs.
13.2. The amount shown on each gift voucher is the amount including VAT and the gift voucher is a discount on the total amount of the ordered goods. Gift vouchers can only be used in full for one purchase; they cannot be used in parts. The shortfall in the amount of the goods purchased must be paid in cash; overpayments are not refundable.
13.3. Gift vouchers are not redeemable for cash. If the Consumer is entitled to withdraw from the contract for the purchase of goods paid for with a gift voucher, the Consumer is entitled to a refund of the purchase price in the form of a gift voucher (by sending the gift voucher to the address provided by the Consumer).
14. Consumer Actions and NAY Extra Club
14.1. If the Consumer participates in a consumer promotion, whether by purchasing a product with a gift or by purchasing other products at a discount, the Consumer agrees to the terms and conditions of this promotion, which are always clearly visible on the Merchant's online store website. The Consumer further expressly agrees that if he does not have full legal capacity, his right to receive a gift or other product offered at a discount will be invalid (in this case, the purchase contract for other products will not be concluded), if such gift or other product offered at a discount is an alcoholic beverage, tobacco product or other similar product, or a product or product that is not suitable for persons under 18 years of age.
14.2. If the Consumer participates in a consumer event, promotion or other similar event (hereinafter referred to as "Event"), the principle of which is to receive a gift upon purchase, as a reward for participation in the event or as a prize for the event, then such gift (or prize) does not form the subject of the purchase contract and the Consumer does not have any rights arising from liability for defects and faults of the gift item received. Based on this fact, the Merchant does not provide a guarantee for gifts.
14.3. The Merchant is entitled to organize consumer promotions, in which he includes Consumers in the promotion based on previously completed transactions. If Consumers purchase goods of a certain predetermined value, they will receive a discount voucher from the Merchant by email (commercial notification) for further purchases of goods of a value determined by the Merchant. The exact rules and specific information are published by the Merchant in advance on its online store website.
14.4.The retailer has set up the NAY Extra Club, which any consumer can join by fulfilling the internal requirements for joining the NAY Extra Club (purchase of goods of a certain predetermined value). The merchant will inform the consumer of this fact by email (commercial notice).
15. Final provisions
15.1.The merchant reserves the right to change these general terms and conditions. The obligation to notify changes to these general terms and conditions in writing is fulfilled by publishing them on the merchant's e-commerce website. However, the validly concluded contract is subject to the general terms and conditions in force at the time of conclusion.
15.2.If the consumer contract is concluded in writing, any changes to the contract must be made in writing.
15.3.The contracting parties agree that communication between them will mainly take place by email. By post.
15.4.The relevant provisions of Act 101/2009. apply to relationships that are not subject to these general terms and conditions. Civil Code 40/1964, Act 108/2024 Coll. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) and Regulation No. 18/2018 on the protection of personal data.
15.5. These General Terms and Conditions shall become effective for the Consumer at the time of sending the electronic order to the Consumer.
15.6. By ticking this box before submitting the order, the Consumer confirms that he has read these General Terms and Conditions and fully agrees to them.
Section II .
Terms and Conditions for Non-Consumers
1. General
1.1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the rights and obligations of the Contracting Parties arising from a purchase contract concluded by the Seller, NAY as, with registered office at: Tuhovská 15, 830 06 Bratislava, Company ID: 35 739 487, Tax No.: 2020270186, VAT No.: SK2020270186, registered in the Commercial Register of the City Court of Bratislava III, Section: Sa, Insert No. 1640/B (hereinafter referred to as the “Merchant”) and the Buyer - a non-consumer, the subject of which is the purchase and sale of goods on the Seller’s e-commerce website.
Merchant contact details:
E-mail:kaufland.deTel: 02/44 555 444
Correspondence address:
NAY AS
Tuhovská 15,
830 06 Bratislava, Slovak Republic
1.2. For the purposes of this section of these Terms and Conditions, the term “Buyer” refers to an entrepreneur who is not a consumer (hereinafter referred to as the “Entrepreneur”).
1.3. For the purposes of these Terms and Conditions, an Entrepreneur is a person registered in the Commercial Register; a person who carries on business under a business license; a person who carries on business under a license other than a business license obtained in accordance with special regulations; a natural person who carries on agricultural production and is registered in accordance with special regulations.
1.4. When placing an order, the Buyer, as an Entrepreneur, will state the name of his business, registered office (place of business), company ID, VAT ID, telephone number and email contact details of the person acting on behalf of the Entrepreneur.
1.5. The Buyer – Entrepreneur acknowledges that the warranty conditions set out in Part II of these Terms and Conditions, as well as the complaints procedure itself, may differ from those in the Consumer Terms and Conditions section.
1.6. The parties agree that by sending an order to the Seller, the Buyer confirms his consent to these General Terms and Conditions and their terms and conditions will apply to all purchase contracts concluded on any e-commerce website operated by the Seller, on the basis of which the Seller delivers the goods presented on the relevant website to the Buyer (hereinafter referred to as the "Purchase Contract") and to all relations between the Seller and the Buyer, in particular those arising from the conclusion of the Purchase Contract and the request for the goods.
1.7. The General Terms and Conditions are an integral part of the Purchase Contract. If the Seller and the Buyer conclude a written purchase contract in which the agreed terms differ from the General Terms and Conditions, the provisions of the Purchase Contract will prevail over the General Terms and Conditions.
1.8. The legal relations between the Seller and the Buyer as an entrepreneur, if not expressly provided for in these General Terms and Conditions or in the framework agreement between the Seller and the Buyer, are subject to the relevant provisions of the Commercial Code.
1.9. The listings of goods on any e-commerce website operated by the Seller are catalogs of commonly available goods and the Seller does not guarantee the immediate availability of all listed goods. The availability of the goods will be confirmed to the Buyer upon his inquiry.
2. Methods of conclusion of the purchase contract
2.1. The purchase contract is concluded by the Buyer's binding acceptance of the Seller's proposal to conclude a purchase contract in the form of an e-mail sent by the Buyer to the Seller and/or a form filled in and sent by the Buyer on the Seller's website and/or a telephone order form sent by the Buyer to the Seller (hereinafter referred to as the "Order").
2.2. The Seller's binding acceptance of the Buyer's order is the Seller's binding acceptance of the Buyer's order to the Buyer after the Buyer has previously accepted the order and verified the availability of the goods, the valid price and the delivery date of the goods requested by the Buyer.An e-mail is sent to confirm the acceptance of the order, marked "Order Confirmation". If a higher price is found, the Seller is obliged to obtain the Customer's consent to change the price according to the current price list before confirming the order. The contractual relationship is only deemed to be completed after the Customer agrees to the price change and the Seller subsequently confirms (accepts) the order. All prices of goods and services listed in the Online Shop and all fees are inclusive of VAT. The Buyer receives a notification of the receipt of the order automatically executed in the Seller's electronic system at his e-mail address immediately after sending the order, which is not considered as a binding acceptance of the order; this notification is for information purposes only and is intended to inform the Buyer that his order has been received. If necessary, all further information about his order will be sent to the Buyer's e-mail address.
2.3. The binding acceptance of the order contains, in particular, data on the name and specifications of the goods (the sale of the goods is the subject of the purchase contract), data on the price of the goods and/or other services, data on the time of delivery of the goods, the name and data on the place of delivery of the goods and data on the price, conditions, method and date of transportation of the goods to the place of delivery agreed by the Buyer, data on the Seller (business name, registered office, company ID, registration number in the commercial register, etc.) or other data.
2.4.The Buyer may notify the Seller of the cancellation of the order by email or telephone within 24 hours of receiving the order. The Buyer is obliged to provide the name, email and description of the ordered goods in the order cancellation notification. In the event of an order cancellation, the Seller will not charge the Buyer any costs related to the order cancellation. If the Buyer has paid the Seller in full or in part before the order is cancelled, the Seller will refund the full or partial amount paid by transfer to the Buyer's bank account within 14 days of the order cancellation, unless the contracting parties have agreed on another method of refunding the amount.
2.5. In accordance with the amendments to Law 222/2004 of 1.1. 2013, VAT is no longer applicable. Changes to the data in the tax documents (invoices) issued are only possible if the Customer has not yet received and paid for the goods.
2.6. In the case of ongoing promotions, the sale of goods on the Seller's website is subject to the binding terms and conditions of the relevant promotion in addition to these general terms and conditions. The Seller is entitled to cancel the Buyer's order if the goods ordered by the Buyer violate the terms of the relevant promotion. The Customer will be notified of the order cancellation by email and, if the purchase price has been paid in full or in part, the funds will be returned to the account specified by the Customer within 14 days, unless otherwise agreed with the Seller.
3. Rights and obligations of the Seller
3.1. The Seller is obliged to:
a) deliver the goods to the Buyer in accordance with the order confirmed by the Seller in the agreed quantity, quality and time frame and pack or prepare them for transport in the necessary manner to protect the goods,
b) ensure that the delivered goods comply with the applicable laws and regulations of the Slovak Republic
c) provide the Buyer with all documents required for the receipt and use of the goods and other documents required by the applicable laws and regulations (Slovak instructions, tax documents) in written or electronic form at the latest together with the goods.
3.2. The Seller is entitled to demand prompt and appropriate payment from the Buyer for the purchase price of the delivered goods
3.3. If the Seller is unable to deliver the goods to the Buyer within the period specified in these Terms and Conditions or at the price specified in the Online Store due to the lack of stock or unavailability of the goods, the Seller is entitled to cancel the order, unless he agrees with the Customer on a replacement. We will notify the customer of the cancellation of the order by phone or email and, if the purchase price has been paid in full or in part, the funds will be returned to the customer's designated account within 14 days, unless otherwise agreed with the seller.
3.4. If the buyer prepays the goods by bank card, bank transfer or due invoice, NAY as reserves the right to verify the identity of the buyer or the person authorized to pick up the goods when the buyer personally picks up the goods at its store.
4. Rights and obligations of the buyer
4.1. The buyer is obliged to:
a) receive the purchased or ordered goods,
b) pay the agreed purchase price including the costs of delivering the goods to the seller within the agreed period,
c) not damage the seller's reputation
d) confirm receipt of the goods by signing the delivery note or having it confirmed by its authorized person
4.2. The buyer is entitled to deliver the goods in the quantity, quality, date and place agreed by the contracting parties in a binding order acceptance.
5. Delivery and payment terms
5.1. The seller only ships within Slovakia. Buyers from other EU Member States can pick up the ordered goods at any permitted Seller store after agreement with the Seller, or have the goods delivered to the place specified by the Buyer in the Slovak Republic after agreement with the Seller.
5.2. The goods are sold in accordance with the samples, catalogs, model sheets and sample books displayed by the Seller on its e-commerce website. The shelf life of the delivered goods is at least 2 months and is valid until the expiration date. In the case of a shorter shelf life, the Seller will contact the Buyer by phone or email before shipment and will only ship after obtaining the Buyer's consent.
5.3. The Merchant is obliged to fulfill the Consumer's order and deliver the goods to the Consumer within 30 days from the date on which the Merchant accepts the Consumer's order; the Consumer unconditionally accepts this delivery period. Goods delivered with goods but without services (transportation without services) or without basic installation are delivered by the Merchant using third-party courier services on weekdays from 8:00 am to 5:00 pm. The delivery of goods by ordering service (NAY TRANSPORT) or by TOPTRANS transport with basic facilities or without service or limited service is available from Monday to Sunday from 9:00 am to 9:00 pm.
5.4. The Seller lists the options for the delivery of goods and/or services and the costs of these individual options for the delivery of goods and/or services (applicable throughout the territory of the Slovak Republic). The following link lists the various modes of transport and their prices: https:/kaufland.de/napoveda/vsetky-moznosti-dorucenia.
5.5. The Buyer is obliged to take delivery of the goods at the place specified by the Seller when accepting the Buyer's order. If the Buyer does not withdraw from the contract in writing in advance and does not take delivery of the goods within five working days after the expiration of the period specified in the purchase contract, the Seller is entitled to claim actual losses caused by the unsuccessful delivery of the order. After five working days from the date on which the Buyer was obliged to take delivery of the goods, the Seller is entitled to withdraw from the purchase contract and sell the goods to a third party.
5.6. If you choose the method of transport with delivery to an address (NAY DOPRAVA), where delivery to an apartment, etc., the transport will only be carried out if the spatial definition of the place of delivery is suitable for its implementation. This applies, for example, if the corridors in the common areas of the buyer's apartment are too narrow, or if the stairs are too steep, etc. In this case, the goods will be delivered and left where they can be delivered. )
5.7. The Seller has the right to invite the Buyer to receive the goods before the expiration of the period agreed in the purchase contract.
5.8. The weight, dimensions and other information of the goods contained in the Seller's catalogues, brochures and other documents provided by the manufacturer may differ from the actual value indicated by ± 3%.
5.9. The place of delivery of the goods is the place specified by the Seller when accepting the order, unless the parties agree otherwise in the purchase contract.
5.10. If the Seller delivers the goods to the Buyer at the place specified by the Buyer in the purchase contract, the Buyer is obliged to receive the goods in person or ensure that in his absence the person authorized by him to receive the goods specified in the purchase contract receives the goods and signs an agreement for the delivery and handover of the goods. The third party authorized to receive the goods specified in the purchase contract is obliged to submit to the Seller the original or a copy of the purchase contract and proof of payment of the goods, as well as the written authorization. If the goods need to be redelivered due to the absence of the Buyer from the place specified in the purchase contract, all costs incurred shall be borne by the Buyer, in particular the redelivery of the goods to the destination specified in the purchase contract.
5.11. The Buyer has the right to inspect the goods, i.e. the goods and their packaging, immediately after delivery in the presence of the Seller's representative. If the goods are found to be defective and/or the shipment is incomplete (smaller quantity of goods, missing ordered goods), the Seller's representative is obliged to assist the Buyer, at the Buyer's request, in preparing a damage record indicating the extent and nature of the defects of the goods, the accuracy of which shall be confirmed by the Buyer or the Seller's representative. Based on the record so prepared and delivered to the Seller, the Buyer may subsequently refuse to accept the delivered defective goods or confirm the delivery of defective goods and subsequently file a complaint about defects in the goods with the Seller or a designated person in accordance with the provisions of Art. 8 of these Terms and Conditions of Business and Complaints. If the Buyer refuses to accept the delivered defective goods, all reasonable costs incurred in returning the goods to the Seller shall be borne by the Seller.
5.12. When the transport company delivers the goods, if the packaging is broken or damaged, or the contents are missing or damaged, we recommend that you do not accept the goods, or directly resolve the problem with the transport company employees or the employees of the on-site post office counter and note the damage. If the packaging is received and found to be broken or damaged, the contents are damaged or missing, we ask you to report this incident within 24 hours. from the date of receipt of the goods at any carrier branch. To write a damage report, you need the damaged product, the packaging of the goods, the proof of receipt of the goods, and the proof of purchase - the invoice.
5.13. Complaints about mechanical damage of the product that was not found upon receipt of the goods must be made immediately after receipt of the goods, but no later than 24 hours after the delivery of the goods. It is the customer's responsibility to prove that no mechanical damage was found even after a thorough inspection of the product and its packaging. Complaints about mechanical damage of the product will no longer be accepted after this. Before the first use, the buyer is obliged to study the warranty conditions, including the Slovak/Czech operating instructions, and then carefully follow this information.
5.14. The customer is obliged to check the integrity of the product (personal and non-personal) upon receipt of the product. When the goods are delivered by courier, the buyer must write a damage report on the spot regarding the incompleteness of the packaging. When the buyer collects the package in person, he is obliged to check the contents of the package immediately; additional complaints will not be accepted.
5.15. If the seller does not deliver the goods within the period specified in 5.3, the buyer is entitled to claim compensation. Terms and Conditions Withdrawal from the purchase contract, the seller is obliged to return the part of the purchase price paid to the buyer without delay, but no later than 14 days from the date of withdrawal from the purchase contract, in the same way as the buyer used for payment, unless another method of return is agreed with the buyer and without additional charges to the buyer.
5.16. The buyer will receive an invoice for each shipment by e-mail. If a warranty certificate is required, it will be included in the packaging.
5.17. All payment methods and their current conditions can be found on the website https:/kaufland.de/napoveda/moznosti-platby.
5.18. Prepayment by bank transfer. If you choose to pay by conventional bank transfer, we will automatically send you payment instructions by e-mail. After the payment has been deposited into our account, you will receive a tax receipt in the same email. Our automated system always performs this task on the next business day. In case of prepayment by bank transfer, the delivery date may be affected by the date of payment. The amount must be deposited into our account within five business days after the order is confirmed, otherwise the order may be considered cancelled. Personal identification documents (ID card, passport) are required for personal collection.
6. Purchase price
6.1. The Buyer is obliged to pay the Seller the purchase price of the goods agreed in the purchase contract and/or in accordance with the Seller's price list valid at the time of conclusion of the purchase contract, including the costs of delivering the goods (hereinafter referred to as the "Purchase Price"). All prices listed on the Seller's website are final. The price of the goods does not include shipping and packaging costs. Any shipping and packaging costs will be charged at the end of the order. The Buyer pays the price of the goods at the time of placing the order at the price stated on the Seller's website. Personal discounts for the Buyer are subject to separate agreements.
6.2. If the Buyer pays the Purchase Price to the Seller by bank transfer, the day of payment is the day on which the full Purchase Price is credited to the Seller's account.
6.3. The Buyer is obliged to pay the Seller the purchase price of the agreed goods within the period specified in the purchase contract, but no later than upon receipt of the goods.
6.4. If the Buyer has paid the Seller the purchase price of the goods agreed in the purchase contract, the Buyer shall be entitled to withdraw from the purchase contract and to demand a refund of the purchase price solely in accordance with the applicable legal provisions of the Slovak Republic.
6.5. The costs associated with the assembly and disassembly of the goods are not included in the purchase price of the goods and the Seller is not obliged to provide these services to the Buyer.
6.6. All promotions are valid while supplies last, unless otherwise stated for a specific product.
6.7. If the Buyer paid the purchase price of the returned or claimed goods and of the goods for which the contract has been rescinded in the form of a gift voucher or in combination with a cash payment, the Seller shall refund the purchase price to the Buyer in the same form in which it was paid by the Buyer. However, the value of the gift voucher refunded to the Buyer shall not be higher than the value of the gift voucher paid by the Buyer at the time of purchase. If the gift voucher cannot be refunded for objective reasons, in particular because the Seller does not have a gift voucher in the required amount, the Seller shall provide the Buyer with a monetary refund.
6.8. The Buyer is entitled to purchase only quantities that are compatible with the normal operation of the household or the normal operation of the entrepreneur's business. None of the Seller's goods are intended for industrial or professional use. The Seller's goods are not intended for further sale. If the Buyer orders or purchases quantities that are not compatible with the normal operation of the household or the normal operation of the entrepreneur's business or if the Seller determines that such goods are intended for further sale, the Seller is entitled to cancel the order and, if the order has already been confirmed, to withdraw from the purchase contract without the Buyer making any further claims.
6.9. The recycling fee for each appliance is shown separately and is also included in the Buyer's tax documents.
7. Acquisition of title to goods and passing of the risk of damage to goods
7.1. The goods remain the property of the Seller until the Buyer has paid the purchase price in full. The goods are deemed to have been delivered when they are received in person or collected by a transport company.
7.2. The risk of damage to the goods passes to the Buyer when the Buyer receives the goods from the Seller or, if the Buyer fails to do so in due time, when the Seller allows him to handle the goods and the Buyer takes possession of them.
8. Complaints Procedure (Defect Liability, Warranty, Complaints)
8.1. The Seller is responsible for defects in the goods. The Buyer as the Entrepreneur is obliged to file a complaint immediately and directly with the authorized service center. The current list of service centers will be provided by the staff of the Complaints Department. If repairs cannot be ensured in this way, the Seller will ensure repairs.
8.2. Complaints are handled in accordance with the valid complaints procedure, the part of which that applies to the Entrepreneur, published on the Seller's website kaufland.de. If the provisions of the complaints procedure published on the Seller's website kaufland.de conflict with the provisions of the complaints procedure under the Entrepreneur's Business Terms and Conditions, the Entrepreneur's complaints shall be subject to the provisions of the Entrepreneur's Business Terms and Conditions. By checking this box before sending the order to the Seller, the Buyer confirms that he has read the Complaint Procedureprocedure and fully agrees to it, while confirming that he has been properly informed of the conditions and methods for claiming for the goods, including the place of claim and information on making warranty repairs.
8.3. This complaint procedure applies to goods purchased by the Buyer from the Seller in the form of e-commerce on the Seller's e-commerce website.
8.4. The complaint procedure in this form applies to all commercial cases, unless other warranty conditions are agreed in the contract.
8.5. During the warranty period, the Buyer is entitled to claim compensation from the Seller if the goods are defective and the manufacturer, supplier or Seller is responsible for the defect.
8.6. The Buyer is obliged to inspect the goods upon receipt. If he fails to do so, he can only make a claim for defects found in this inspection if he proves that the goods already had these defects when he received them.
8.7. During the warranty period, the Customer is entitled to have defects repaired free of charge by submitting the goods (including accessories, documents and instructions) together with the warranty card (if provided by the manufacturer) and proof of payment to the Seller's authorized representative or service center.
8.8. If the goods are defective, the Customer is entitled to first file a complaint directly with the authorized service center. The current list of service centers will be provided by the staff of the Complaints Department. If repairs cannot be ensured in this way, the Seller will ensure repairs. The Customer will then file a complaint with the Seller's establishment by delivering the goods to the Seller's establishment at NAY as, Complaints Department, Tuhovská 15, PO BOX 10, Bratislava 830 06, filling in the complaint form and handing it over to the Seller. The form of the form will be determined by the Seller and its template will be placed on the Seller's website. The Buyer is obliged to indicate in the form exactly the type and extent of the defect of the goods. For goods that can be delivered objectively to the Seller, the complaint procedure begins on the date when all of the following conditions are met:
The Buyer hands over the completed complaint form to the Seller,
The Buyer delivers the claimed goods to the Seller,
The Buyer delivers the access code, password and goods to the Seller.
8.9. The Seller recommends that the Buyer insure the transport of the goods. The Seller does not accept goods paid for on delivery. The beginning of the complaint procedure is also the date of filing the complaint. The claimed goods must be delivered to the Seller's registered office, unless the Seller or the nominee stipulates otherwise (e.g., the goods are delivered directly to the nominee). For any questions, please contact NAY at 02/44 555 444 or by email at reklamacienay@kaufland.de.
8.10. The Buyer is obliged to complain to the Seller about defects in the goods without delay, otherwise the Buyer loses the right to require the Seller to eliminate the defect free of charge.
8.11. The 30-day period provided for by the Consumer Protection Act does not apply to the processing of complaints from entrepreneur buyers. The period for processing complaints from entrepreneurs is not provided for by law, but our company undertakes to process complaints from entrepreneurs within 60 days in accordance with these Terms and Conditions.
8.12. The Buyer shall not be entitled to warranty claims for defects that the Seller notified the Buyer of when concluding the contract or that the Buyer should have known of, taking into account the circumstances of concluding the purchase contract.
8.13. The Seller may always replace a defective item with a perfect item instead of eliminating the defect, if this does not cause serious difficulties for the Buyer.
8.14. The Buyer's right to claim the Seller's guarantee shall expire in the following cases:
Failure to provide proof of payment, accessories or documents for the goods,
Failure to report obvious errors after receipt of the goods,
After the expiration of the warranty period for the goods,
Mechanical damage to the goods caused by the Buyer,
Use of the goods in conditions inconsistent with the natural environment such as humidity, chemical and mechanical influences,
Unprofessional handling, service or negligent care of the goods,
Damage to the goods due to overloading or use contrary to the provisions of the documents
General principles, technical standards or safety regulations valid in the Slovak Republic,
Damage to the goods due to unavoidable and/or unforeseeable events,
Damage to the goods due to accidental destruction and accidental deterioration,
Unprofessional intervention, damage during transportation, damage caused by water, fire, static electricity or atmospheric electricity or other force majeure,
Unauthorized interference with the goods
8.15. The warranty does not cover normal wear and tear of the item (or its parts) caused by use. Therefore, a shorter product life cannot be considered a defect and no claims can be made.
8.16. If the Buyer receives goods which do not conform to the purchase contract (so-called non-conformity with the purchase contract), the Buyer shall be entitled to have the Seller bring the goods into conformity with the purchase contract free of charge and without undue delay, by exchanging the goods or replacing them, at the Buyer's request. If such procedure is not possible, the Buyer may demand an appropriate discount on the price of the goods or withdraw from the contract. This shall not apply if the Buyer knew of the breach of the purchase contract before receiving the goods or caused the breach himself. Deviations from the purchase contract which are discovered within six months from the date of receipt of the goods are deemed to have existed at the time of receipt of the goods, unless the deviation is contrary to the nature of the goods or there is evidence to the contrary. If the goods do not conform to the contract, the entrepreneur is entitled to the so-called remedial measures of arrangement, i.e.:
By bringing the consumer goods into conformity with the contract by free repair
By reasonable reduction of the purchase price
By replacement delivery of the goods
Withdrawal from the contract
8.17. The seller is obliged to deal with the complaint and terminate the complaint procedure in one of the following ways:
By delivering the repaired goods,
By exchanging the goods,
Refunding the purchase price of the goods,
By paying an appropriate discount on the price of the goods,
Accepting a written request for performance stipulated by the seller,
Justified rejection of the complaint
8.18. The warranty period is 24 months (unless a different warranty period is stipulated for the specific case, i.e. it only applies to goods purchased by non-consumer buyers who use the goods less frequently / e.g. coffee machines in offices, dishwashers in cafes, etc. / - in this case the warranty period specified by the seller applies) and starts from the date on which the buyer receives the goods. The warranty period is subject to the manufacturer's warranty conditions in accordance with the relevant provisions of the Commercial Code (§ 429 et seq.). For selected products, the manufacturer's warranty for the buyer is limited.
8.19. The warranty period published in the catalog of products on the kaufland.de website is published in accordance with the Civil Code and is not relevant to the entrepreneur and therefore does not apply to these General Terms and Conditions.
8.20. The warranty period will be extended by the time the Buyer cannot use the goods due to warranty repairs.
8.21. In case of replacement of new goods, the Buyer will receive a document indicating the replaced goods, and any further complaints will be based on the original invoice and this complaint document. In case of replacement of new goods, the warranty period will restart from the date of receipt of the new goods, but only for new goods.
8.22. First of all, the Customer may ask the Seller to repair or replace consumer goods free of charge. The Buyer is entitled to replace the goods only if the nature of the defect of the goods is not serious. The authorized service center will decide by written defect assessment whether the defect is proportionate. Based on this decision, further steps will be taken in accordance with the law.
8.23. All warranty repairs are free of charge if the right to claim warranty under these General Terms and Conditions has not expired at the time of application.
8.24. In case of removable defects, the goods will be repaired. If repair is not possible and the nature of the defect does not prevent normal use, the Seller and the Buyer may agree on a reasonable discount on the price. If a discount occurs, the defect cannot be claimed later.
8.25. If the defect cannot be eliminated and the item cannot be used normally like a non-defective item, the Seller is entitled to replace the defective item with an item with the same or similar useful properties or to issue a replacement. If the delivery of a defective item constitutes a material breach of contract, the Buyer may:
Demand that the defect be eliminated by supplying a replacement for the defective goods, by delivering the missing goods and demand the elimination of legal defects,
Demand that the defect be eliminated by repairing the goods if the defect is repairable,
Demand a reasonable discount on the purchase price or withdraw from the contract
8.26. The Buyer is only entitled to choose between the claims provided for in 8.25 if he notifies the Seller promptly in the notification of the defect or without undue delay after such notification. The Buyer may not change the claims made without the Seller's consent. However, if it turns out that the defect of the goods cannot be repaired or that repairing the goods would incur unreasonable costs, the Buyer may demand that the Seller deliver replacement goods, provided that he makes this demand to the Seller without undue delay after the Seller has informed him of this fact. If the Seller does not eliminate the defects of the goods within a reasonable additional period or declares before the expiration of the period that the defects of the goods will not be eliminated, the Buyer may withdraw from the contract or demand a reasonable discount on the purchase price.
8.27. If the Buyer does not notify the Optionee of its claim within the period specified in these Terms and Conditions, it may make a claim for defects in the goods as in the case of minor breach of contract.
8.28. In the case of minor breach of contract due to the delivery of defective goods, the Buyer may demand the delivery of the missing goods and the elimination of other defects in the goods or demand a reduction in the purchase price.
8.29. The Seller is obliged to deliver the missing goods and eliminate legitimate defects in the goods, unless the Buyer demands a discount or withdraws from the contract. He is obliged to eliminate other defects at his discretion by repairing the goods or delivering replacement goods; however, the method of elimination chosen must not result in unreasonable expenses for the Buyer.
8.30. If the Buyer requires the elimination of defects in the goods, the Buyer may not exercise any other claims for defects in the goods, other than damages and contractual penalties, before the expiration of an additional reasonable period which the Buyer is obliged to provide the Seller for this purpose, unless the Seller notifies the Buyer that it will not fulfil its obligations within this period. This period must be determined in accordance with these Terms and Conditions.
8.31. Unless the Buyer has fixed a period or requested a discount on the purchase price in accordance with point 26, the Seller may notify the Buyer that the defects will be eliminated within a certain period. If the Buyer does not promptly notify the Seller of its disagreement after receiving this notification, the notification will have the effect of setting a deadline in accordance with point 8.26.
8.32. If the Seller does not eliminate defects in the goods within the period specified in point 8.26. Or 8.27., if the Buyer notifies the Seller of its intention to withdraw when the period is fixed in accordance with point 26 or within a reasonable period before rescission, the Buyer may request a discount on the purchase price or rescind the contract. The Buyer may not change the selected claim without the Seller's consent.
8.33. For the purposes of these Terms and Conditions, a breach of contract constitutes a material breach if the party in breach knew at the time of entering into the contract or could reasonably have foreseen, taking into account the purpose of the contract (from the content of the contract or the circumstances of its conclusion), that the other party would not be entitled to perform its obligations in the event of a breach of contract. In case of doubt, it is assumed that the breach of contract is not material.
8.34. The handling of complaints only applies to the errors listed in the complaint form.
8.35. Once the buyer has exercised its rights under these complaints and business terms and requires the seller to eliminate the defect of the goods, its rights to claim for defects in the goods are exhausted and the buyer is not entitled to make repeated claims for the same defect (not of the same type) regardless of the outcome of the complaint.
8.36. If the seller terminates the complaint procedure by rejecting the complaint with justified reasons, but the product defect objectively exists and has not been eliminated, the buyer may exercise the right to eliminate the defect of the goods through the court.
8.37. When entrepreneurs and VAT taxpayers purchase goods, they complain about the documents required for receiving goods at the branch: the ordered goods collected personally can only be received by the company manager or his authorized personnel. If a company employee comes to pick up the goods, a letter of authorization from the executive must be provided, which must include the ID number of the authorized employee. In order to verify the identity of the manager or his authorized representative, a valid ID card and an extract from the commercial trade register must be presented to prevent confusion when receiving the goods.
8.38. Complaint Warning: Goods with system access codes included in the complaint may be returned without repair, as it is not possible to reinstall the device system and eliminate system failures. The customer is obliged to provide these passwords when submitting a complaint, or to delete them before submitting a complaint. If the product passwords are not deleted, the complaint cannot be processed. If the product is registered with a location service, it is necessary to first deregister the device from the service. If the seller or service center blocks access after receiving the complaint, the date on which the access code is delivered to the customer is considered the start of the complaint procedure. If the customer returns the device without the original or replacement packaging, NAY as is not responsible for any damage to the device during transportation to the service center. If the service center changes the software or firmware in the device, NAY as is not responsible for any changes in the control of the device, any data loss, or any damage caused by the loss of data stored in the device. Please back up the data in devices with internal memory (mp3, HDD). If the buyer delivers the claimed goods containing applications installed by the buyer (e.g. social networks), photos, videos taken by the buyer, etc., we recommend deleting them before sending the claimed goods. The above does not apply if the defect of the goods prevents the buyer from using these applications, photos, videos, etc. In this case, we recommend changing the access password for security reasons after the defect has been repaired.
The buyer is obliged to take delivery of the goods no later than 60 days after the closure of the complaint. If he fails to do so, he is obliged to pay a storage fee of 1 euro for each day the goods are received. If the buyer does not take delivery of the goods within six months from the date on which he is obliged to take delivery of the goods, the seller is entitled to sell the goods to a third party or dispose of them in an appropriate manner. If the goods are sold, the seller will pay the buyer the proceeds of the sale after deducting the storage fee and sales expenses.
9. Withdrawal from the Purchase Contract
9.1. The Seller is entitled to withdraw from the Purchase Contract if the stock is sold out, the Goods are unavailable, or the manufacturer, importer or supplier of the Goods agreed in the Purchase Contract suspends production or makes significant changes that make it impossible to fulfil the Seller's obligations arising from the Purchase Contract, or due to force majeure, or if, despite all reasonable efforts, it is impossible to deliver the Goods to the Customer within the period specified in these Terms and Conditions or at the price specified in the Online Store. The Seller is obliged to immediately notify the Buyer of this fact and to refund the deposit paid for the Goods agreed in the Purchase Contract to the account specified by the Buyer within 14 days from the date of notification of withdrawal from the contract, unless the parties agree otherwise. The Seller is entitled to withdraw from the Purchase Contract even if the Buyer does not take delivery of the Goods within five working days from the date on which he is obliged to take delivery of the Goods. The Seller is also entitled to withdraw from the contract with the Customer if the price of the Goods is manifestly wrong (i.e. the price is significantly different from the usual price for this type of goods). Consider obvious errors in the price of the goods, such as the incorrect inclusion of the first three digits instead of the fourth digit; the price is one digit lower (for example, one digit is "reduced" when stating the price); the price of the goods is obviously too low (for example, the price is 50% lower than the normal price of similar goods, but there is no indication that the goods are on sale or have other discounts); and other obvious printing errors, obvious errors in the description of the goods, pictures, etc., or obvious errors in the information provided by the customer service center staff. If this happens, the Seller will contact the Buyer immediately to agree on further actions. If the Buyer has already paid part or all of the purchase price, this amount will be refunded to the Buyer within 14 days of the notice of withdrawal from the contract,The same method as the Consumer used for the purchase. This does not affect the Consumer's right to agree with the Seller on another payment method, provided that the Consumer is not charged any additional fees for this. The above provisions apply similarly to the cancellation of an order and to the declaration of discount amounts for various discounts or marketing campaigns.
9.2. The Buyer as an entrepreneur has the right to withdraw from the purchase contract without giving reasons within 14 days under the same conditions as a Consumer.
9.3. The Buyer as an entrepreneur may be rescinded from the purchase contract by offering an alternative, depending on the condition of the returned goods, the lost warranty and the current price of the returned goods. The condition of the goods will be assessed by the Seller. If the parties fail to reach acceptable conditions, the goods will be returned at the Seller's expense. The Seller is entitled to charge the Buyer for any additional costs incurred. Due to the nature of the product and the condition in which it is returned, the Seller reserves the right not to allow the return of the goods.
9.4. The Buyer exercises his right to terminate the contract with the Seller in writing.
9.5. By rescinding the purchase contract, the Buyer is obliged to send the goods together with the attachments (including documents, instructions, warranty certificates, proof of payment, etc.) in the original packaging to the following address: NAY as, Complaints Department, Tuhovská 15, PO BOX 10, Bratislava 830 06. If the Buyer, by rescinding the contract, sends the goods together with the attachments (including documents, instructions, warranty certificates, proof of payment, etc.) in the original packaging (hereinafter referred to as the “Goods”) by Slovak Post to the address stated in the previous sentence, this shall only be done via the service called “Parcel to Address”. The Seller does not accept Goods sent by the Buyer via the “Parcel to Post Office” service and cash on delivery. We recommend that the Goods be insured.
9.6. If the Buyer revokes the contract, any additional contracts related to the contract rescinded by the Buyer are also cancelled from the outset.
9.7. The Buyer may revoke the contract that is the subject of the delivery of the Goods even before the start of the revocation period. If the Buyer gives notice of the exercise of the right of revocation before the expiration of the revocation period, the revocation period will continue to be effective.
9.8. Upon rescission of the contract, the Seller will refund to the Buyer the purchase price or part of the purchase price paid by the Buyer at the time of conclusion of the contract or, in accordance with these general terms and conditions, send a gift voucher to the Buyer's address. The purchase price will be refunded to the Buyer after the delivery of the goods by the Buyer. The Seller will refund all or part of the purchase price by payment to the Buyer's bank account or by mailing a money order to the Buyer's registered office.
9.9. The Seller is not obliged to refund to the Buyer all or part of the purchase price in accordance with these general terms and conditions before the Buyer has delivered the goods to the Seller. Therefore, the Seller will only pay the Buyer for the purchased goods after the returned goods are sent back to the address specified in these general terms and conditions.
9.10. In the event of rescission of the contract, the Buyer is obliged to deliver or hand over the goods together with the accessories (including documents, instructions, warranty card, proof of payment, etc.) to the Seller within 14 days from the date of conclusion of the purchase contract. And keep the original packaging. In order to effectively withdraw from the contract, the goods must be delivered to the Seller within 14 days after the conclusion of the purchase contract, and not just sent for transportation, otherwise the withdrawal from the contract is deemed invalid.
9.11. If the Buyer fails to fulfil any of its obligations under these General Terms and Conditions, withdrawal from the purchase contract shall be void and the Seller shall not be obliged to return to the Buyer all demonstrable payments made under these General Terms and Conditions and shall also be entitled to compensation for the costs associated with returning the goods to the Buyer.
9.12 The Buyer may not withdraw from the purchase contract for goods that are
made to the Buyer's specific requirements, custom-made goods or
goods specifically for one buyer,
sale of sound recordings, video recordings, audiovisual recordings or computer software
sold in protective packaging if the Buyer has opened this packaging,
sale of goods in protective packaging that are not suitable for return due to health protection or hygiene reasons and whose protective packaging has been damaged after delivery, such as dental care products,
accessories for shavers, idealo, etc.
9.13. When issuing a credit note, the Buyer may be asked to provide an extract from the Commercial Register to protect the Buyer's ownership.
9.14. If the Buyer withdraws from the contract for goods that contain applications installed by the Buyer (e.g. social networks), photos, videos taken by the Buyer, etc., we propose to remove or delete them.
10. Product Reviews
10.1. The Seller reserves the right not to publish product reviews that contain inappropriate terms, are false, have nothing to do with the product in question, link to external websites or in any other way damage our company name.
10.2. All reviews published on kaufland.de are from customers who actually purchased the reviewed product. After completing the order, each customer receives a unique link to fill out a review of the specific product purchased, which is sent to the email address provided in the order. Only one review can be submitted per purchased product. Reviews may also come from customers of online stores operated by NAY as affiliates (e.g. within a certain group of companies), who have contractually agreed that the reviews provided to NAY as in an anonymous form are only from customers who actually purchased the reviewed product.
11. Gift Certificates
11.1. Gift certificates (certificates) issued by the Seller can be used to purchase goods on the Seller's e-commerce website. Unless otherwise stated, gift vouchers can only be used to purchase goods and not for services, delivery and other charges.
11.2. The amount including VAT is stated on each gift voucher, which is valid as a discount on the total amount of the ordered goods (including VAT). Gift vouchers can only be used in full in one purchase; they cannot be redeemed in installments. The shortfall in the amount of the purchased goods must be paid in cash; overpayments are not refundable.
11.3. Gift vouchers are not redeemable for cash. If the Buyer is entitled to withdraw from the contract for the purchase of goods paid for with a gift voucher, the Buyer is entitled to a refund of the purchase price in the form of a gift voucher (by sending the gift voucher to the address provided by the Buyer).
12. Final provisions
12.1. The Seller reserves the right to change these general terms and conditions. The obligation to notify changes to these general terms and conditions in writing is fulfilled by publishing them on the Seller's e-commerce website.
12.2. If the purchase contract is concluded in writing, any changes to the contract must be made in writing.
12.3. In case of doubt, the contracting parties agree that the period of use is deemed to be the date of delivery of the goods to the Buyer (including the day of delivery) in accordance with these General Terms and Conditions to the date on which the goods are returned to the Seller or the date on which the goods are handed over to the courier for delivery to the Seller.
12.4. The contracting parties agree that communication between the parties will take place primarily in the form of e-mails. By postal mail.
12.5. The relevant provisions of the Commercial Code apply to relations not regulated by these General Terms and Conditions.
12.6. These General Terms and Conditions are effective for the Buyer when the Buyer sends his electronic order.
12.7. By checking this box before sending his order, the Buyer confirms that he has read these General Terms and Conditions and fully agrees to them.
Bratislava, 1 May 2025
Contact Info
- Address: Neckarsulm, Germany
- Email: kundenmanagement1@gmail.com
