General Terms and Conditions

I. Basic Provisions

These general terms and conditions (hereinafter referred to as "terms and conditions") are in accordance with the provisions of Act No. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the "Civil Code"), Act No. 250/2007 Coll. on Consumer Protection and the amendment of the Act of the Slovak National Council No. 372/1990 Coll. on Offenses as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Contract Concluded at a Distance or a Contract Concluded Outside the Seller's Business Premises and on the amendment and supplementation of certain laws (hereinafter referred to as the "Consumer Protection Act for Distance Selling").

PetronGroup s.r.o.

• ID: 53106377
• VAT ID: SK2121280392
• Registered Office: Pod hájom 1097/96, 018 41 Dubnica nad Váhom
• Registered in: Obchodný register Okresného súdu Trenčín, oddiel: Sro, vložka č. 40252/R
• Contact Information:
  • Email: marek.petrovic@petrongroup.com
  • Phone: +421 907 558 252
  • Website: www.petrongroup.com

(hereinafter referred to as the "seller")

These terms and conditions govern the mutual rights and obligations between the seller and a natural person who concludes a purchase contract (hereinafter referred to as the "buyer") through the web interface located on the website available at marekpetrovic.com (hereinafter referred to as the "online store"). The provisions of the terms and conditions are an integral part of the purchase contract. Different agreements in the purchase contract take precedence over the provisions of these terms and conditions. These terms and conditions and the purchase contract are concluded in the Slovak language.

II. Information about Goods and Prices

Information about goods, including the indication of prices for individual goods and their main properties, is listed for each item in the online store catalog. The prices of goods are inclusive of value-added tax, all related fees, and costs of returning goods if the goods cannot be returned by post due to their nature. The prices of goods remain valid for the period during which they are displayed in the online store. All presentations of goods listed in the catalog of the online store are for informational purposes only and the seller is not obligated to conclude a purchase contract regarding these goods. The online store provides information about costs associated with packaging and delivering goods. Information about packaging and delivery costs applies only if the goods are delivered within the territory of the Slovak Republic. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the seller and the buyer.

III. Order and Conclusion of the Purchase Contract

The costs incurred by the buyer when using remote communication means in connection with concluding the purchase contract (internet connection costs, phone call costs) are borne by the buyer themselves. These costs do not differ from the standard rate.

The buyer can place an order for goods as follows:

1. Through their customer account, after prior registration in the online store.
2. By filling out the order form without registration.

When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment, and delivery. Before sending the order, the buyer is allowed to check and change the information entered in the order. The buyer sends the order to the seller by clicking the "SEND ORDER WITH OBLIGATION TO PAY" button. The information provided in the order is considered correct by the seller. The validity of the order is conditional upon completing all mandatory information in the order form and confirming that the buyer has read these terms and conditions.

Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer in the order. This confirmation is automatic and is not considered as the conclusion of the contract. The purchase contract is concluded upon receipt of the order by the seller. The notification of receipt of the order is delivered to the buyer's email address. If any of the requirements specified in the order cannot be met by the seller, the buyer will receive an amended offer to their email address. The amended offer is considered a new proposal for the purchase contract and the purchase contract is concluded upon confirmation of acceptance of this offer by the buyer to the seller's email address specified in these terms and conditions.

All orders received by the seller are binding. The buyer can cancel an order until the buyer receives a notification of acceptance of the order by the seller. The buyer can cancel an order by phone or email to the seller's contact details provided in these terms and conditions.

If there is a clear technical error on the part of the seller when indicating the price of goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly incorrect price, even if the buyer received an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to their email address. The amended offer is considered a new proposal for the purchase contract and the purchase contract is concluded upon confirmation of acceptance by the buyer to the seller's email address.

IV. Customer Account

Based on the buyer's registration in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also order goods without registration.

When registering for a customer account and ordering goods, the buyer is obliged to provide correct and truthful information. The information provided in the user account must be updated by the buyer in case of any changes. The information provided by the buyer in the customer account and during ordering goods is considered correct by the seller.

Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.

The buyer is not authorized to allow the use of the customer account by third parties.

The seller may cancel the user account, especially if the buyer does not use their user account for a longer period or if the buyer violates their obligations under the purchase contract or these terms and conditions.

The buyer acknowledges that the user account may not be available continuously, especially due to the necessary maintenance of the seller's hardware and software equipment or the necessary maintenance of third-party hardware and software equipment.

V. Payment Terms and Delivery of Goods

The price of goods and any costs associated with the delivery of goods under the purchase contract can be paid by the buyer in the following ways:

• Cashless transfer to the seller's bank account: IBAN SK12 8330 0000 0020 0183 6407, maintained in EUR,
• Cash on delivery at the handover of the goods,
• In cash or by payment card when personally collected at the premises.

Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 3 days of concluding the purchase contract.

In the case of payment via the payment gateway, the buyer proceeds according to the instructions of the respective electronic payment provider.

In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.

The seller does not require any advance payment or similar payment from the buyer. Payment of the purchase price before dispatching the goods is not a deposit.

Under the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, they are obliged to register the received revenue with the tax administrator online, in case of technical failure then within 48 hours.

The goods are delivered to the buyer:

• To the address specified by the buyer in the order,
• Through a parcel delivery service to the pickup address specified by the buyer,
• By personal collection at the seller's premises.

The choice of delivery method is made during the ordering process of the goods.

The costs of delivering the goods depend on the method of dispatch and receipt of the goods and are listed in the buyer's order and in the order confirmation by the seller. If the method of transport is agreed upon at the buyer's special request, the buyer bears the risk and any additional costs associated with this method of transport.

If the seller is obliged under the purchase contract to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively the costs associated with a different method of delivery.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the carrier without delay. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer may not take over the shipment from the carrier.

The seller issues a tax document - an invoice to the buyer. The tax document is sent to the buyer's email address.

The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking over the goods. The responsibility for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer had the obligation to take over the goods but did not do so in violation of the purchase contract.

VI. Withdrawal from the Contract

A buyer who has concluded a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.

If the purchase contract is concluded at a distance (through the online store) or outside the seller's business premises, and if the seller has provided the buyer with timely and proper information about the right to withdraw from the purchase contract, the conditions, period, and procedure for exercising the right to withdraw from the purchase contract including a withdrawal form (in accordance with the provisions of § 3 (1) (h) of the Consumer Protection Act for Distance Selling) and if all legally required facts are met, the buyer has the right to withdraw from the purchase contract without giving a reason and without any penalty under the Consumer Protection Act for Distance Selling.

The withdrawal period is 14 days:

• From the moment of receiving the goods delivered as the last, if the subject of the purchase contract is an order of goods that are delivered separately,
• From the moment of receiving the last part or piece, if the subject of the purchase contract is several types of goods or the delivery of several parts,
• From the moment of receiving the first delivered goods, if the subject of the purchase contract is goods delivered during a specified period.

The buyer acknowledges that in accordance with § 7 (6) of the Consumer Protection Act for Distance Selling, they cannot withdraw from the purchase contract, among other things, for:

• The provision of services, if the provision started with the explicit consent of the consumer and the consumer declared that they were properly informed about losing the right to withdraw from the contract upon full provision of the service, and if the service was fully provided,
• The sale of goods or the provision of services whose price depends on fluctuations in the financial market, which the seller cannot influence and which may occur during the withdrawal period,
• The sale of goods made according to the specific requirements of the consumer, goods made to measure, or goods intended specifically for one consumer,
• The sale of goods that are subject to rapid deterioration in quality or spoilage,
• The sale of goods sealed in protective packaging that is not suitable for return for health protection or hygienic reasons and whose protective packaging was broken after delivery,
• The sale of goods that, due to their nature, can be inseparably mixed with other goods after delivery,
• The sale of alcoholic beverages whose price was agreed upon at the time of concluding the contract, whereby their delivery can be carried out no earlier than 30 days and their price depends on market fluctuations that the seller cannot influence,
• The performance of urgent repairs or maintenance requested by the consumer explicitly from the seller; this does not apply to contracts for services and contracts whose subject is the sale of other goods than spare parts necessary for performing repairs or maintenance if they were concluded during the seller's visit to the consumer and the consumer did not order these services or goods in advance,
• The sale of audio recordings, video recordings, audiovisual recordings, books, or computer software sold in protective packaging if the consumer has unsealed this packaging,
• The sale of periodicals except for subscriptions and the sale of books not delivered in protective packaging,
• The provision of accommodation services other than for residential purposes, the transportation of goods, car rentals, the provision of catering services, or the provision of services related to leisure activities if the seller undertakes to provide these services at the agreed time or within the agreed period,
• The provision of electronic content other than on a tangible medium if the provision started with the explicit consent of the consumer and the consumer declared that they were properly informed about losing the right to withdraw from the contract.

To meet the withdrawal period, the buyer must send any unequivocal statement expressing their will to withdraw from the purchase contract within the period specified in paragraph 3 of Article VI of these terms and conditions.

The buyer can use the model withdrawal form provided by the seller to withdraw from the purchase contract. The withdrawal form should be sent by the buyer to the seller's email or postal address provided in these terms and conditions. The seller will confirm receipt of the form to the buyer without undue delay.

A buyer who has withdrawn from the purchase contract is obliged to return the goods to the seller within 14 days of the withdrawal from the purchase contract. The buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by post due to their nature.

If the buyer withdraws from the purchase contract, the seller will return all funds received from the buyer, including delivery costs, without undue delay and no later than 14 days from the withdrawal from the purchase contract, in the same manner. The seller will return the received funds to the buyer in another way only if the buyer agrees and if no additional costs arise.

If the buyer chose a delivery method other than the cheapest one offered by the seller, the seller will refund the delivery costs in the amount corresponding to the cheapest offered delivery method.

If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to the seller or proves that they sent the goods to the seller.

The goods must be returned by the buyer to the seller undamaged, unworn, and unsoiled, and if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for damages against the buyer's claim for a refund of the purchase price.

The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has discontinued production or importation of the goods. The seller will inform the buyer without undue delay via the email address provided in the order and will return all funds received from the buyer, including delivery costs, within 14 days of the withdrawal from the purchase contract in the same manner, or in a manner specified by the buyer.

VII. Rights from Defective Performance

The seller is responsible to the buyer for ensuring that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer for ensuring that at the time the buyer receives the goods:

• The goods have the properties agreed upon by the parties, and if no agreement was made, the goods have the properties described by the seller or manufacturer or expected by the buyer based on the nature of the goods and advertising,
• The goods are suitable for the purpose stated by the seller or for which goods of the same kind are usually used,
• The goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
• The goods are in the appropriate quantity, measure, or weight, and
• The goods comply with legal requirements.

The seller is responsible for defective performance to at least the same extent as the manufacturer's responsibility for defective performance. The buyer is otherwise entitled to exercise the right for defects that occur in consumer goods within twenty-four months of receipt.

If the period during which the goods can be used is stated on the sold goods, their packaging, the instructions attached to the goods, or in advertising in accordance with other legal regulations, the provisions on the quality guarantee apply. By providing a quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose or retain their usual properties for a certain period. If the buyer has rightly pointed out a defect to the seller, the period for exercising the rights from defective performance or the warranty period does not run for the time the buyer cannot use the defective goods.

The provisions of the previous paragraph of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods for a defect corresponding to the degree of use or wear the goods had when received by the buyer, or if it follows from the nature of the goods. The buyer is not entitled to the rights from defective performance if the buyer knew before receiving the goods that the goods had a defect or if the buyer caused the defect themselves.

In the event of a defect, the buyer can submit a complaint to the seller and request:

• Exchange for new goods,
• Repair of goods,
• A reasonable discount from the purchase price, or
• Withdrawal from the contract.

The buyer has the right to withdraw from the contract:

• If the goods have a substantial defect,
• If the buyer cannot use the goods properly due to the recurrence of the defect or defects after repair,
• In the case of a larger number of defects in the goods.

Substantial is such a breach of the purchase contract that the party breaching the contract knew or must have known at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen the breach.

For a defect that constitutes an insignificant breach of the contract (regardless of whether it is a removable or irremovable defect), the buyer has the right to have the defect removed or to receive a reasonable discount from the purchase price.

If a removable defect recurs after repair (usually the third complaint for the same defect or the fourth for different defects) or if the goods have a larger number of defects (usually at least three defects simultaneously), the buyer has the right to request a discount from the purchase price, exchange of goods, or withdrawal from the contract.

When submitting a complaint, the buyer is obliged to inform the seller of the chosen right. Changing the choice without the consent of the seller is possible only if the buyer has requested the repair of a defect that proves to be irremovable. If the buyer does not choose their right from a substantial breach of the contract in time, they have rights as in the case of an insignificant breach of the contract.