Terms and conditions

WARAGOD s.r.o.
Bratislavská 2640/9, 94901 Nitra, with registered office in Slovakia
ID: 47056827
VAT NUMBER: 2023745174
VAT NUMBER: SK2023745174
District Court of NR, section SRO. No.: 34030/N
Bank connection: Fio Banka a.s.: SK4883300000002601069846

Supervisory authority:
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Nitra Region
Staničná 9, 94901 Nitra
Tel: 037/7720001, Fax: 037/7720024

Both legal entities and natural persons may purchase goods on our website provided that the rules below are observed.

Order

The Consumer orders the Seller's products and services through the trading system at www.waragod.sk in written form: by e-mail (including e-shop order), by post. The order made in this way is considered binding and complies with Act No. 102/2014 Coll. as amended and regulated, shall be understood as a contract concluded at a distance.

For each order, the consumer must indicate the name and surname, postal and billing address, telephone number and e-mail; for natural and legal persons and entrepreneurs, the VAT number, VAT number, name of the goods, description of the goods, number of items, date of the order, (an order via the e-shop fulfils these conditions automatically). These data will be in accordance with the Personal Data Protection Act No. 428/2002 Coll. will only be used within the framework of the business relationship between the seller and the consumer and will not be disclosed to a third party (with the exception of the person arranging the transport of the goods).

Upon receipt of the order, the order will be registered in the Seller's system and the business relationship between the Seller and the Consumer will be established at the same time. The Seller will contact the Consumer within 24 hours (working days) at the latest. He will verify the order, the shipping method and inform about the possible delivery time or collection date, the final price and the method of payment. From this date the order is binding for the consumer.

The consumer has the right to cancel the order by agreement of both parties and as soon as possible so that the order is not dispatched. The order can be cancelled exclusively in writing (by e-mail) or by telephone. Confirmation of cancellation shall also be communicated by the Seller to the Consumer exclusively in writing (by e-mail) or by telephone. The written form is required in order to provide the Seller with documentary proof of cancellation and to stop the processing of the order.

If the order is positively processed, the goods shall be packed in the corresponding package and sent to the specified delivery address of the buyer. Proof of payment for the goods (in this case the invoice) will be sent to the buyer
in electronic form by e-mail to the e-mail address provided when ordering the goods.
It is therefore very important to enter the e-mail address correctly in the order and also to make sure that your mailbox is not full. If this is the case, it is possible that you have not received the invoice in the mail and you must immediately contact the seller or release the mailbox.
A tax document in electronic form is, according to the Accounting Act c. 431/2002 Coll. of 18 June 2002, §32 "Proof of an accounting record", is a legally valid tax document. The invoice is secured in a PDF file against modifications according to § 33 "Transfer of the accounting record", but it is possible to print this document in high quality.

The buyer - consumer - has the right to contact the seller with a request for redress (by e-mail to info@waragod.sk) if he is not satisfied with the way the seller has handled his complaint or if he believes that the seller has violated his rights. If the Seller responds to this request in a negative manner or fails to respond within 30 days of sending it, the consumer has the right to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity (hereinafter ADR entity) pursuant to Act 391/2015 Coll. ADR entities are authorities and authorised legal persons pursuant to §3 of Act 391/2015 Coll. The consumer may submit a proposal in the manner determined pursuant to §12 of Act 391/2015 Coll. 
The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk

The consumer may also file a complaint through the alternative dispute resolution platform RSO, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.

Alternative dispute resolution can only be used by a consumer - a natural person who is not acting within the scope of his/her business, employment or profession when concluding and performing a consumer contract. Alternative dispute resolution applies only to a dispute between a consumer and a seller arising out of or relating to a consumer contract. Alternative dispute resolution shall apply only to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for the initiation of ADR up to a maximum of EUR 5 including VAT.

Delivery times

Delivery times vary for product types. The date of delivery or collection of the goods will always be communicated to the consumer when verifying the order.

In general, the delivery or collection date is between 1 and 2 days from the date of order verification.

In exceptional cases where certain types of goods are out of stock and not available from manufacturers and importers, the delivery time may be longer. In this case, the seller will contact you either by e-mail or by phone to inform you of the situation.

Price, payment terms and shipping

All prices quoted for individual products are contractual. The prices in the online shop are always current and valid. The prices are final, i.e. including VAT and all other taxes and charges that the consumer must pay to obtain the goods, but not including any charges for transport etc., which are only indicated in the shopping cart and their amount depends on the Buyer's choice.

The Consumer shall make payment in cash, cash on delivery, transfer/deposit to the Seller's account or payment by credit card - via payment gateways.

When handing over the Product, the Consumer shall pay the price for the Product + shipping and, where applicable, the price of cash on delivery and other charges for optional additional services.

The method of transport is chosen by the consumer himself through the order form in the e-shop or by other means of communication. The consumer can choose the method of transport, namely:
(a) by own transport,
b) by a courier company

The amount of the shipping costs will always be communicated to the consumer when verifying the order, or the seller will recommend a cheaper shipping option to the consumer.
The Seller provides the following additional services depending on their current availability:
Exchanges and returns via the Complaints Assistant of the Delivery Service 
Exchange service - Reversible exchange by courier in case the size does not fit 
Exchange or return of goods up to 100 days 
Pick-up of non-conforming goods at the customer's address 
All chargeable optional additional services are insurance against the possible need to exercise them after delivery and represent a one-off and non-refundable fee. In the event that no real need for their use is discovered after the delivery of the goods has taken place, this additional service fee is non-refundable.

Receipt of goods

The consumer undertakes to collect the goods at the agreed time at the address indicated on the order.

When taking delivery of the product, the consumer is obliged to check the physical integrity and completeness of the shipment. If the consignment is visibly damaged and destroyed, the consumer is obliged to contact the seller immediately without taking delivery of the consignment and to draw up a Consignment Damage Record with the forwarding company. Any subsequent claims for quantity and physical damage to the product will not be accepted.

The Consumer shall not acquire title to the Products until payment of the full price and other monies agreed in the distance purchase contract to the Seller's account. Until the transfer of ownership from the seller to the consumer who has possession of the product, the consumer has all the obligations of a bailee and is obliged to store the products and services securely at his own expense and to mark them in such a way that they are at all times identifiable as the seller's product.

The seller is entitled to demand performance of obligations, in particular payment of the price for products and services, regardless of the fact that ownership of the product and service has not yet passed to the consumer.

The risk of damage to the products passes to the consumer at the moment of acceptance by the consumer or his/her proxy.

Withdrawal from the contract

The consumer has the right to cancel the order by agreement of both parties and as soon as possible so that the order is not dispatched. The order can be cancelled exclusively in writing (by e-mail) or by telephone. Confirmation of cancellation shall also be communicated by the Seller to the Consumer exclusively in writing (by e-mail) or by telephone.

According to the law (102/2014 Coll. - Act on Consumer Protection in Distance Selling of Goods), the consumer is entitled to withdraw from the contract within 14 working days from the date of receipt of the goods without giving any reason. Withdrawal from the contract must be made in writing, must contain all the data used to identify the product, the consumer and the seller and must be delivered within the above-mentioned time limit together with the product to the seller's registered office at the consumer's expense and responsibility. The cost of returning the product shall be borne by the consumer.

The product must not be damaged or used, it must be in its original packaging and the consumer must hand over with the product all the documents relating to the product in question (instruction manual, warranty card, proof of acquisition, etc.) which he received when he bought it. The consumer agrees and acknowledges that in this case the written form shall be understood to mean the withdrawal document signed by the consumer.

The product is not returnable on delivery. Product sent in this way will not be accepted and returned.

If the above obligations of the consumer are complied with, the seller shall take back the goods and return the price paid for the product or service or the advance payment made by the consumer for the product or service to the consumer in a prearranged manner within 14 days from the date of withdrawal from the contract.

The buyer may not withdraw from a distance purchase contract in particular in the following cases:
(a) in the case of a contract involving the provision of a service, if the performance of the service has begun with the consumer's consent before the expiry of the withdrawal period.

The Seller reserves the right to cancel the order (withdrawal) or part of the contract if:
(a) the product is no longer manufactured or has ceased to be manufactured
(b) the supplier's price of the product has changed
(c) the price of the product was incorrect

Warranty and service, return or exchange of goods:

Specific warranty and service terms are set forth in the respective warranty certificates of the selected products that the consumer receives upon purchase of the product.

In general, unless otherwise stated in the warranty certificates, the warranty period for the performance of consumer contracts is set at a minimum of 24 months or, from above, the expiry date of the product. A consumer is a person who is not acting in the course of his trade or business when concluding and performing a consumer contract. Only a product purchased and paid for from the seller may be claimed. When making a claim, the consumer is obliged to deliver (if the nature of the product allows it - built product) the claimed product clean, mechanically undamaged, in the original packaging, including manuals, warranty card, invoice or other proof of payment for the product to the seller. When making a claim, the consumer shall follow the instructions given in the warranty card.

The entitlement to the warranty shall be extinguished if the defect has been caused by mechanical damage to the product, operation of the product in unsuitable conditions, unprofessional assembly, non-compliance with the relevant standards on the part of the consumer or the person who carried out the assembly for the consumer, or if the product has been tampered with by a person other than an authorised person. Defects caused by natural disasters and improper handling are also excluded from the guarantee.

In the event of a complaint, the consumer is advised to notify the seller by telephone that the product has a defect and how it has manifested itself. On the basis of this information, the consumer will be advised on how to proceed with the complaint.

In the event of a return, the Seller reserves the statutory right to refund the lowest shipping price offered at the time the order was placed, regardless of the carrier and the subsequent shipping price specified by the customer in the order.

Instruction on the seller's liability for defects in goods or services, the buyer's rights:

§ 622

If the defect is one that can be remedied, the buyer has the right to have it remedied free of charge, in a timely and proper manner. The seller is obliged to remedy the defect without undue delay.

The buyer may, instead of removing the defect, require the replacement of the item or, if the defect relates only to a part of the item, the replacement of the part, if this does not incur disproportionate costs for the seller in relation to the price of the goods or the seriousness of the defect.

The seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious inconvenience to the buyer.

§ 623

If there is a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defect, the buyer has the right to have the thing replaced or has the right to withdraw from the contract. The same rights shall apply to the buyer if the defects are remediable, but if the buyer is unable to use the thing properly because of the reappearance of the defect after repair or because of a greater number of defects.

If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the item.