General commercial terms and conditions of the seller iQparts s.r.o.

I General provisions and definitions

These general commercial terms and conditions set out the rights and responsibilities of the contracting parties resulting from sale and purchase in the webshop www.hocostore.sk / www.hocoeurope.com. The General Commercial Terms and Conditions are an inseparable part of the purchase contract in terms of this section of the General Commercial Terms and Conditions.

Seller: iQparts s.r.o., seat: Wolkrova 2, 851 1 Bratislava, Company ID: 50 606 107, incorporated in the Commercial Register of the Bratislava I District Court, Section: Sro, File No.115665/B, e‑mail: info@hocostore.sk, tel.: +421 950 77 66 55

Buyer: natural person or legal entity purchasing goods in the online store www.hocostore.sk / www.hocoeurope.com

The sponsor is in the position of a consumer if they are a natural person who, within concluding and performance of the consumer contract, does not act on behalf of their business or trade activity.

The supervising authority is the Slovak Trade Inspection, STI Inspectorate for the Bratislava region, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27, Department of Technical Control of Products and Consumer Protection, tel.: 02/ 58272 172, fax č.: 02/ 58272 170.

Consumer contract is every contract regardless of its legal form that is concluded between the supplier and consumer.

If the buyer is an entrepreneur, the legal relations resulting from the purchase contract between the supplier and sponsor-entrepreneur shall comply with Act No. 513/1991 Coll. of the Commercial Code as amended, and related regulations.

Should a written consumer contract or supplier contract be concluded between the sponsor and the supplier in which the parties agree on terms and conditions differing from the general commercial terms, their relationship shall be guided by these instead of the general commercial conditions.

These conditions can be found at the webshop website www.hocostore.sk / www.hocoeurope.com, available for reading and archiving.

II Purchase contract

The seller publishes a list of goods commonly provided by the webshop at www.hocostore.sk / www.hocoeurope.com . In terms of this provision of the general commercial terms, the list of goods is a catalogue of commonly available goods, and the supplier does not guarantee the immediate availability of every item on the list of services. The availability of goods in the required amount shall be confirmed by the seller based on the order made by the buyer.

The goods listed in the catalogue of the webshop of the seller shall be ordered by the buyer using the procedure explained in the “How to purchase goods” instructions published by the seller on the website www.hocostore.sk / www.hocoeurope.com. After the buyer sends the order, they receive an informative email with the subject “Order received -- pending”, that informs the buyer of listing the order as received and prepared for processing. This e-mail shall not confirm the order or conclusion of the purchase contract.

The seller shall confirm the order individually through e-mail after the price and the deadline for the required delivery of goods are specified.

The buyer can check and correct the order before submitting it.

By submitting the order, the buyer confirms that they acknowledge and agree that the order is firm, and they are obliged to pay the price for the goods.

The contract shall be concluded for a specified period ending when both parties have fulfilled their obligations resulting from this contract and the general commercial terms that are an inseparable part of the contract.

The contract shall be concluded in Slovak or English.

III Delivery of goods

The seller hereby undertakes to supply the buyer with the goods in the amount, quality, and form requested in their order. Goods listed in the webshop as “in stock” shall be delivered by the supplier in 24 (twenty four) hours. Goods listed in the webshop as “goods-to-order” shall be delivered by the seller in 14 (fourteen) days.

The seller shall not bear responsibility for a late delivery if it was caused by the parcel service.

The seller hereby undertakes to supply the buyer with the goods along with the documents necessary for their takeover and use.

At the moment of the takeover, the buyer shall sign a copy of the delivery note and all other relevant documents.

IV Price and terms of payment

The prices for the goods are listed at the website: www.hocostore.sk / www.hocoeurope.com in the thread relevant for the given goods. The price for the goods shall always be confirmed in the specification of the order sent by e-mail.

The prices are listed in Euros including VAT at the statutory rate and all other taxes.

The price for goods shall not include delivery costs. The total price for the delivery of goods depends on the delivery method; the exact calculation of delivery costs shall be shown in the relevant thread at the website www.hocostore.sk / www.hocoeurope.com during filling in of the order. The information on the total price for the goods ordered including the delivery costs shall be provided by the seller along with the confirmation of the order at latest.

The price shall be considered valid until a new price is established.

The seller reserves the right to adjust the price for the goods listed in the thread at the website www.hocostore.sk / www.hocoeurope.com if the price listed is incorrect due to an error. The seller shall inform the buyer of such change in the price before the order is confirmed.

The seller reserves the right to change the prices for goods in the webshop, introduce new goods into the offer, call and cancel discounts or adjust them, and these changes shall not affect the rights of the buyer resulting from a previously made order or contract concluded.

The buyer shall be obliged to pay the seller the price for the goods as agreed on in the purchase contract including the delivery costs during the maturity of the invoice, at the moment of taking over the goods at latest.

The buyer shall execute the payment using one of the following methods:

  • Debit card : The price for the goods ordered shall be paid by the buyer with credit / debit cards using Tatra-pay paywall.

  • By mail order (courier service): The price for the goods ordered shall be paid by the buyer during the takeover of the goods from the courier employee as provided and confirmed in the order.

  • By cash : COD At the pickup stores operated by Zasielkovna

  • Advance payment by bank transfer: Based on the bank account information, the buyer shall make the payment for the goods via the bank transfer to the bank account of the seller registered in Tatra banka, a. s. (IBAN: SK21 1100 0000 0029 4203 1272)

V Responsibility for faults

The responsibility for faults within the relation between the buyer who is the consumer at the same time shall be assigned pursuant to § 620 et seq. of the Civil Code. Civil Code.

The seller shall bear responsibility for the faults on the goods sold at the time of their takeover by the buyer. In case of used goods, the supplier shall not bear responsibility for the faults that emerged due to their use or wear. In case of used goods that have been sold for a reduced price, the seller shall not bear responsibility for the faults due to which this price has been reduced.

If the goods in question deteriorate quickly or they have been already used before, the seller shall be responsible for faults that emerge on the goods after the takeover during their warranty period.

The warranty period shall last 24 months. If a warranty period is listed on the goods, their packaging, or in the instructions for use, the warranty period shall not expire before this date.

If the buyer is an entrepreneur, the parties to this contract hereby agree that pursuant to § 429 Paragraph 2 of the Commercial Code, the warranty period shall last 12 months.

If requested by the buyer, the seller is obliged to provide a written warranty certificate. If possible, a purchase receipt can be issued instead, that shall serve as the warranty certificate.

The warranty certificate shall include seller’s information (name, surname, business name or seller’s name, seat, or place of business), contents of the warranty, its extent, terms and conditions, warranty period, and information necessary to apply the warranty. Should the warranty certificate not include all the above mentioned information, it shall not invalidate the warranty.

The purchase receipt -- invoice that also serves as the delivery note shall also be considered a warranty certificate.

The warranty period starts to run at the moment of takeover of the goods by the buyer.

The warranty shall not apply to damage due to:

  • mechanical damage of the goods,

  • using the goods in an environment unsuitable in terms of temperature, humidity, chemical, or mechanical effects,

  • inadequate manipulation or neglecting maintenance of the goods, especially, but not limited to breaking protection seals and stickers, etc

  • overloading or using the device in contrary to the general principles,

  • natural phenomena or force majeure.

The warranty to the consumables (speaker batteries, etc.) shall be limited and apply only to operational faults.

VI Complaints

Complaints regarding the goods delivered shall comply with the relevant provisions of the Complaint Procedure published by the seller on the website www.hocostore.sk / www.hocoeurope.com.

VII Withdrawal from the contract

Pursuant to the relevant provisions of Act No. 102/2014 Coll. on consumer protection in sale of goods or provision of services under remote contracts or contracts executed outside the business premises of the seller as amended, the consumer is eligible to withdraw from the remote contract or contract executed outside the business premises of the seller without giving reasons in 14 days from takeover of the goods.

The goods shall be considered taken over by the consumer at the moment when the consumer or a third person authorized by them, except for the courier service employee, takes over all the parts of the goods, or

  • if the goods ordered by the consumer in a single order are delivered separately, at the moment of taking over the last part of such goods by the consumer,

  • if the goods consist of multiple parts or components, at the moment of taking over the last part of such goods,

  • if the goods are supplied repeatedly over a set period, at the moment of taking over the first delivery.

The consumer may withdraw from a contract on delivery of goods even before the withdrawal period starts running.

Pursuant to §7 Paragraph 6. of the Act No. 102/2014 Coll. on consumer protection in sale of goods or provision of services under remote contracts or contracts executed outside the business premises of the seller, the consumer cannot withdraw from a contract regarding the following subjects:

  • provision of a service, if it was provided with an explicit agreement of the consumer, and the consumer stated that they were duly informed on the fact that by expressing their agreement, they revoke their own right to withdraw from the contract after the service has already been provided, if the service has already been provided.

  • sale of goods or provision of a service whose prices depend upon the changes in prices at the financial market that cannot be influenced by the seller, and which can occur during the withdrawal period.

  • sale of goods created based on specific requirements of the consumer, customized goods, or goods intended specifically for a single consumer,

  • sale of goods that deteriorate quickly,

  • sale of goods in protective packaging that are not suitable for a return due to health or hygienic risks, whose protective packaging has been broken,

  • sale of goods that can be easily mixed with other goods after the delivery,

  • provision of urgent repairs or maintenance explicitly requested by the consumer from the seller; this shall not apply to contracts on services and sale of other goods such as spare parts necessary for the repair or maintenance, if they have been concluded when the seller visited the consumer and the consumer has not pre-ordered these services or goods in advance.

  • provision of electronic content in a way other than using a tangible medium, if the provision started with the explicit agreement of the consumer, and the consumer stated that they were duly informed on the fact that by expressing their agreement, they revoke their own right to withdraw from the contract.

The consumer can exercise their right to withdraw from the contract by handing the seller a written notice or record on a permanent medium; they can also use the withdrawal form published by the supplier at their website www.hocostore.sk / www.hocoeurope.com

The seller has the right to withdraw from the contract if they are unable to deliver the goods duly and on time, especially, but not limited due to the inaccessibility of the goods, inability to deliver the goods in the due time due to technical reasons, obstacle on the part of the producer, delivery service, or other objective reasons.

The seller has the right to withdraw from the contract in case of justifiable doubts about the correctness and validity of the information provided by the buyer, or in case they suspect an attempt at hacking or other attack at the seller’s website.

The money for the returned goods shall be returned to the consumer after they meet the requirements regarding the withdrawal from the contract 14 (fourteen) days from delivering of the notice on the withdrawal from the contract.

The consumer shall be obliged to return the goods in 14 days after they withdraw from the contract, or personally hand it over to the seller or to a person authorized by the seller to do so. This shall not apply, if the seller suggests the goods shall be taken over personally by them or a person authorized by them to do so.

The consumer hereby states that they acknowledge that if they withdraw from the contract, they shall bear the costs for returning of the goods to the seller.

The seller shall not be obliged to pay the consumer any additional costs if the consumer explicitly opted for a different delivery method than the cheapest common delivery method offered by the seller. The additional costs shall be understood as the difference between the delivery costs incurred by the delivery method selected by the customer and the costs for the cheapest common delivery method offered by the seller.

VIII Solving of conflicts

In case of a conflict resulting from the remote consumer contract, the consumer has the right to request remedy if they are not satisfied with the way the seller responded to their complaint, or if they believe the seller has infringed their rights.

The consumer has the right to submit a proposal to begin an alternative conflict resolution if the supplier replied to the request as described in the previous point, or replied negatively, or failed to reply to it in 30 days from sending it.

The subject of alternative conflict resolution shall be:

Regulatory Office for Network Industries in case of conflicts resulting from contracts on connection to the distribution system and network, contracts on universal supply of electricity or gas, contracts on supply of heat, contracts on supply of drinking water, and contracts on waste water collection concluded with a subject performing the regulated activity pursuant to the relevant regulation.

Regulatory Authority for Electronic Communications and Postal Services in case of conflicts resulting from contracts on providing of public services related to quality and price of such services, and contracts on providing of postal services related to postal services and postal payment service,

Slovak Trade Inspection in case of conflicts that are not listed in the previous provisions, except for conflicts resulting from contracts on providing of financial services.

Authorized legal entity registered with the Ministry of Interior of the SR pursuant to the relevant provisions of Act No. 391/2015 Coll. on alternative conflict resolution.

XI Protection of personal data

The seller hereby states that all personal data are confidential and shall be used only for the purposes related to the performance of the contract with the buyer and for marketing purposes of the seller, and shall not be otherwise published, or disclosed to a third person, except for the data disclosure necessary for distribution and payments within the performance of the contract in the necessary extent.

Personal data provided by the buyer are collected, processed, and archived pursuant to the current legislation of the Slovak Republic, mainly pursuant to Act No. 122/2013 Coll. on protection of personal data as in force. The buyer hereby agrees that the seller shall collect and process personal data for the purposes related to the performance of the purchase contract until a written notice expressing disagreement is sent to the address of the supplier.

X Final provisions

The General Commercial Terms and Conditions shall be valid as stated on the website of the seller www.hocostore.sk / www.hocoeurope.com on the day the order was submitted by the buyer, unless the parties agree otherwise.

The seller shall be eligible to adjust the content of the General Commercial Terms and Conditions in accordance with the changes adopted in the current legislation or trade policy of the supplier. Changes in the General Commercial Terms and Conditions as stated in this provision shall not influence the orders completed before such changes entered into force. Changes in the trade conditions enter into force by being published on the website of the supplier hocostore.sk / hocoeurope.com

The General Commercial Terms and Conditions shall enter into force on 1st December 2018.