Terms and Conditions
General Terms and Conditions
Internet shop homba.en
- Introductory Provisions and Definitions
1.These General Terms and Conditions (hereinafter referred to as "GTC") govern the legal relations between the company
Trade name: MAD Solutions s.ro
Headquarters: Tokajská 11, Košice 040 18, Slovak Republic
Enrolled in the Register of the District Court Košice I, Section Sro, Entry No. 16391/V
IČO: 51993813
DIČ: 2120852151
VAT number: SK2120852151
Bank account: SK59 1100 0000 0029 4606 2199
Seller is a VAT /Value Added Tax/
(hereinafter also "Seller") and any person who is a purchaser of goods or services offered by the Seller in the Seller's Online Shop, and who acts in the position of a consumer within the meaning of other provisions of these General Terms and Conditions and the relevant laws defining a consumer, within the framework of the applicable legislation of the Slovak Republic, in particular the Acts, Act no. 102/2014 Z. z on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller's business premises and Act No. 250/2007 Z.z on consumer protection, as amended.
1.1Seller's contact and address is:
MAD Solutions p.ro, Tokajská 11, Košice 040 18, Slovak Republic
Email: ahoj@homba.sk
Tel.č: 0948 368 947
1.2These General Terms and Conditions regulate the legal relations between buyers who are consumers and the seller.
2.The Buyer is any person (natural person or legal entity) who has completed and sent an order via the Seller's Online Store and who has received an email notification of receipt of the order. A buyer is also any person who has placed an order by phone or by sending an email.
2.1A consumer is a buyer who is a natural person and who, when concluding a purchase contract through the Seller's Online Shop, does not act within the scope of his business activity.
2.2 Contractual relations (as well as other legal relations that may arise from the contractual relationship) with buyers who act as legal entities, respectively. with natural persons - entrepreneurs acting within the scope of their business activity /buyers who do not act in the capacity of a consumer/ the provisions of Act No. 513/1991 Coll. Commercial Code as amended.
2.3 For the purposes of these General Terms and Conditions, a distance contract means a contract between the Seller and the Consumer agreed and concluded exclusively by one or more means of distance communication without the simultaneous physical presence of the Seller and the Consumer, in particular by means of a website, electronic mail, telephone, fax, mailing list or offer catalogue.
- Products are goods or services that are intended to be sold and are also published on the Seller's Online Store.
- The Seller is the supplier of the goods and services offered in the Online Shop.
5.The Seller is at the same time the operator of the electronic system through which it operates an online shop on the domain name www.homba.sk (hereinafter also referred to as the "Online Shop").
6.The competent authority exercising supervision over legality in the field of consumer protection is:
Inspectorate of the Slovak Trade Inspection
based in Košice for the Košice Region
Vrátna 3, 040 01 Košice
Slovak Republic
Contact: tel. č 055/622 76 55, e-mail: ke@soi.sk
web link for submitting complaints: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi
7.In the event of any complaints or suggestions, the consumer may also address these directly to the Seller, and consumers are advised to address complaints and suggestions to the Seller at the Seller's email address: ahoj@homba.sk
Any complaint will be considered and dealt with within 10 working days in accordance with the law of the Slovak Republic. The Seller shall inform the consumer about its handling in the same form as the consumer delivered the complaint or complaint to the Seller.
- Product order - conclusion of the purchase contract
1.The proposal for the conclusion of a purchase contract by the Buyer is an order of products made through an electronic order form using the Seller's website or other remote means of communication, in particular electronic mail, telephone, fax, address letter or offer catalogue.
In the event of payment for the Products prior to their delivery to the Buyer, the purchase price shall be deemed to have been paid on the date the funds are credited to the Seller's account.
2.Acceptance of the order of products by the Seller, and thus the conclusion of the purchase contract occurs on the basis of a written confirmation (electronically) of the receipt of the order.
3.The Purchase Contract is concluded for a definite term and expires upon fulfilment of the obligations of the Seller and the Buyer.
4.The contract of sale may also be terminated by withdrawal from the contract of sale by the consumer
III. Purchase price and payment terms
1.The price of goods and services ordered through the Online Store (hereinafter referred to as "purchase price") is stated separately for each product and is valid at the moment of creating an order by the Buyer.
2.The basic currency is the Euro.
3.The purchase price of goods and services is inclusive of VAT and is clearly stated on the Seller's Online Shop. By submitting the order, the Buyer accepts the stated purchase prices. The purchase price of the products does not include transport costs or other costs related to the delivery of the products.
4.The forms of transport and the transport charges are set out in Art.VII, para. 2 et seq., these GTC. The forms of payment for the Goods and the charges for those forms of payment are set out in Article IV. point 1 et seq., these GTC, whereby the buyer undertakes to pay the fees for the chosen form of transport and for the chosen form of payment together with the purchase price of the goods, according to the chosen form of transport and payment.
You may pay for goods and services in the Seller's Online Store by the following methods:
1.1payment on delivery (you pay directly to the courier or at the post office when collecting the goods) - fee 1 Eur.
1.2payment by bank card via payment gateway - fee 0 Eur.
- Adding products
2.1 The Seller is obliged to fulfill the order and deliver the goods or services to the Buyer within 30 days from the date of conclusion of the Purchase Contract within the meaning of Art. II, point 2, of these GTC. However, the usual delivery time for goods or services is 5 working days from the date of conclusion of the purchase contract within the meaning of Art. II, point 2, of these GTC.
2.2 The Seller is obliged to deliver the products to the Buyer in the ordered quantity and quality together with the tax documents related to the order and other documents, if any, typical for the products or services.
2.3The place of delivery of the ordered product is the address specified by the Buyer in the order.
2.4The Seller shall deliver the Product by its own means to the Buyer (or to a person authorized in writing by the Buyer to take delivery of the Product) or through third parties (shipping and forwarding companies).
2.5Delivery of the product is made upon receipt of the product by the Buyer (or by the Buyer to a person authorised in writing by the Buyer to take delivery of the product).
2.6The Seller may send the goods which are immediately available to the Buyer and the remaining part of the order will be delivered subsequently within the statutory period, provided that the Buyer will not be charged any additional costs and only if the Buyer agrees to this.
- Product Download
3.1The risk of damage to the product and liability for damage to the product shall pass to the Buyer upon its proper acceptance, regardless of whether the Buyer accepts the product in person or through an authorized third party.
3.2The ownership right passes from the Seller to the Buyer at the moment of delivery and proper acceptance of the goods or services.
3.3The buyer has the right not to accept the delivered product from the carrier, in particular if the delivered item is of a different type or in the following cases:
- a) delivery of an item that is contrary to the concluded purchase contract (different or damaged item),
- (b) delivery of a thing in damaged packaging or,
- c) delivery of the item without the relevant documents.
3.4If the delivery of the item to the Buyer pursuant to point. (a)(2).1 of this Article, the Buyer shall have, inter alia, the right to have the Seller deliver the item to him free of charge and without undue delay in accordance with the agreed terms and conditions in the Purchase Contract, either by replacing the item or by repairing it. If such a procedure is not possible, the buyer has the right to demand a discount on the purchase price or to withdraw from the contract.
3.5The Buyer is obliged to pay the Seller for the goods or service duly and timely delivered.
VII. Freight - methods of transporting products and the price for transporting them
1.The seller's shipping costs are not included in the purchase price of the product listed on the website. The forms of transport are set out in Art. VII(2).1 et seq., these GTC, while the prices for the above mentioned forms of transport are specified in Art. VII(2).2 et seq., these GTC.
- Shipping methods and price for shipping of ordered products.
- Forms of Transport:
1.1Slovak Post
1.2DPD courier service
1.3Personal collection
2.Prices for Transport:
2.1Price for shipping via Slovak Post - 3,70 Eur incl. VAT
2.2Price for delivery by courier service - 3,90 Eur incl. VAT
2.3Price in case of personal collection at the Seller's premises - 0 Eur incl. VAT
VIII. Withdrawal of the buyer from the purchase contract without giving any reason
1.The consumer is entitled to withdraw from the contract without giving any reason within 14 calendar days from the date of receipt of the goods, if the seller has duly and timely fulfilled the information obligations pursuant to § 3 para. 1 lit. h). back č 102/2014 Z.z as amended .
If the seller has timely and properly provided the consumer with information on the right of withdrawal pursuant to Art. 1 lit. (h) of Act No. 102/2014 Z. z), the consumer is entitled to withdraw from the contract concluded at a distance or from the contract concluded outside the seller's business premises within 14 days from the date of:
- a) receipt of the goods pursuant to Art. VIII, point 1a. these GTC in the case of contracts, the subject of which is the sale of goods,
- b) the conclusion of a contract for the provision of a service or
- c) the conclusion of a contract for the provision of electronic content not delivered on a tangible medium.
The goods shall be deemed to have been taken over by the consumer at the time when the consumer or a third party designated by the consumer, other than the carrier, takes delivery of all parts of the goods ordered, or if the
- (a) the goods ordered by the consumer in a single order are delivered separately, at the time of acceptance of the goods which were delivered last,
- b) delivers goods consisting of several parts or pieces, at the time of taking delivery of the last part or piece,
- c) delivers goods repeatedly over a specified period, at the time of acceptance of the first goods delivered.
1.1Where the seller has provided the consumer with information pursuant to § 3 par. 1 lit. (h), Art. č 102/2014 Z.z as amended only subsequently, but no later than 12 months after the commencement of the withdrawal period pursuant to Art. VIII(1). of these GTC, the withdrawal period expires 14 days after the date on which the Seller has subsequently fulfilled the information obligation.
1.2If the seller has failed to provide the consumer with the information referred to in § 3 par. 1 lit. (h) the law č 102/2014 Z.z as amended or within the additional time limit pursuant to Art. VIII(1).1 of these GTC, the withdrawal period shall expire 12 months and 14 days after the date of commencement of the withdrawal period pursuant to Art. VIII(1). these GTC
1.3The consumer may also withdraw from the contract, the subject of which is the delivery of goods, before the withdrawal period has started.
2.The consumer is obliged to send the goods back or hand them over to the seller or a person authorised by the seller to take over the goods within 14 days from the date of withdrawal from the contract. This does not apply if the seller proposes to collect the goods personally or through a person authorised by him. The time limit under the first sentence shall be deemed to have been complied with if the goods have been handed over for carriage on the last day of the time limit at the latest. (§10 para. 1 of Act No. 102/2014 Z. z)
3.The consumer is obliged, if he/she wishes to exercise this right, to notify the Seller of the withdrawal from the purchase contract no later than on the last day of the specified period. The withdrawal period shall be deemed to have been complied with if the notice of withdrawal is sent to the Seller not later than the last day of the period to the Seller's registered office address, which is:
MAD Solutions s.ro, Dargovská 3, Košice 040 01, Slovak Republic
This right can also be exercised by the consumer in any of the Seller's establishments.
4.Withdrawal from the contract of sale may be made to the Seller in paper form or in the form of a notation on another durable medium. It is also possible to withdraw from the contract by means of the Withdrawal Form, which is available on the Seller's website. The consumer is also entitled to withdraw from the contract orally, in particular by an unambiguously worded statement of the consumer expressing his will to withdraw from the contract. We recommend the consumer to indicate in the withdrawal the order number, the date of purchase, the type of goods he/she is withdrawing from, his/her name and surname, address and, if applicable, the account number to which any payments he/she has made to the seller under the withdrawing contract will be refunded, if he/she decides that he/she wishes to have the payment for the goods sent to the account number he/she has indicated. Otherwise, the Seller will refund the Consumer's payment for the goods in the same way as the Consumer used for his payment.
5.By withdrawing from the contract, the parties are obliged to reimburse each other for the services rendered. The consumer is liable only for any diminution in the value of the goods resulting from handling which goes beyond that necessary to establish the characteristics and functionality of the goods. The consumer shall not be liable for the diminution in value of the goods if the seller has not fulfilled the information obligation on the consumer's right to withdraw from the contract pursuant to § 3 par. 1 lit. h). Act No. 102/2014 Z. z
6.The consumer may use the withdrawal form to withdraw from the contract without giving a reason. This form is freely available for viewing and downloading on the Seller's website.
7.If the consumer withdraws from the contract within the meaning of Act no.102/2014 Z.z, bears the costs of returning the goods to the seller pursuant to § 10 par. 3 of Act No. 102/2014 Z.zand, if he withdraws from a distance contract, the costs of returning the goods which, due to their nature, cannot be returned by post, This does not apply if the seller has agreed to bear them himself or if he has not fulfilled his obligation under § 3 para. 1 lit. i). Act No. 102/2014 Z.z
8.The Seller is obliged to reimburse the Consumer without undue delay, at the latest within 14 days from the date of receipt of the notice of withdrawal, all payments received from the Consumer under or in connection with the Contract, including transport, delivery and postage costs and other costs and charges, without prejudice to the provisions of § 8 par. 5 Act No. 102/2014 Z. z Act on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts
9.Pursuant to § 9 para. 3 of Act no. 102/2014 Z. z, the Seller shall not be obliged to reimburse the consumer for additional costs if the consumer has expressly chosen a method of delivery other than the cheapest normal method of delivery offered by the Seller. Additional costs means the difference between the cost of delivery chosen by the consumer and the cost of the cheapest normal method of delivery offered by the seller.
10.The consumer is entitled to refuse to return the goods acquired under a contract concluded during or in connection with a sales promotion to the seller until the seller has refunded the consumer the price paid or the advance payment for the goods or services.
11.Shipments sent as cash on delivery in the event of withdrawal from the purchase contract will not be accepted by us. Buyers are advised to send items by registered mail or similar form without specifying the amount of COD.
12.Upon withdrawal from the contract, the consumer shall only bear the cost of returning the goods to the seller or to the person authorised by the seller to take delivery of the goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled his obligation under § 3 para. 1 lit. i). Act on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts
13.In addition to the obligations referred to in paragraphs 1, 3 to 5 and § 9 par. 3 of Act no. 102/2014 Z. z the exercise of the consumer's right of withdrawal must not result in additional costs or other obligations for the consumer.
14.The right of withdrawal does not apply to goods and services as defined in §7 para. 6 lit. (a) to (l) of Act No. 102/2014 Z.z
Specifically:
- (a) the provision of a service where the provision of the service has been commenced with the express consent of the consumer and the consumer has declared that he has been duly informed that the expression of that consent shall forfeit the right of withdrawal once the service has been fully provided, and where the service has been fully provided, (b) the provision of a service where the consumer has given his consent to the provision of the service
- (b) the sale of goods or the provision of services the price of which depends on price movements in the financial market which are beyond the seller's control and which may occur during the withdrawal period,
- (c) the sale of goods made to the specific requirements of the consumer, made-to-measure goods or goods intended specifically for a single consumer, (c) the sale of goods made to the specific requirements of the consumer, made-to-measure goods or goods intended specifically for a single consumer
- d) the sale of goods which are subject to rapid deterioration or perishability,
- e) the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been broken after delivery,
- f) the sale of goods which, by their nature, may be inextricably mixed with other goods after delivery,
- g) the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, the delivery of which is not possible until after 30 days and the price of which depends on price movements in the market which are beyond the control of the seller,
- h) the performance of urgent repairs or maintenance which the consumer has expressly requested the seller to perform; this does not apply to contracts for services and contracts the subject of which is the sale of goods other than spare parts necessary for the performance of the repair or maintenance, if they were concluded during a visit by the seller to the consumer and the consumer has not ordered those services or goods in advance,
- (i) the sale of sound recordings, pictorial recordings, phonograms or computer software sold in protective packaging where the consumer has unwrapped that packaging,
- (j) the sale of periodicals, except sales under a subscription agreement and the sale of books not supplied in protective packaging,
- k) the provision of accommodation services other than for the purpose of housing, the transport of goods, the hiring of cars, the provision of catering services or the provision of services in connection with leisure activities and under which the seller undertakes to provide those services at an agreed time or within an agreed period,
- (l) the provision of electronic content otherwise than on a tangible medium, where the provision has been initiated with the express consent of the consumer and the consumer has declared that he has been duly informed that he loses the right of withdrawal by expressing that consent.12In the event of withdrawal from the contract, the Seller is obliged to return the funds to the Consumer in the same form in which they were received from the Consumer. Changing the form of refund to the Consumer is only possible with the Consumer's consent.
16.When withdrawing from a contract, the subject of which is the sale of goods, the seller is not obliged to return the payments to the consumer pursuant to § 9 paragraph 1 of Act No. 102/2014 Z.z before the goods are delivered to him or until the consumer proves that the goods have been sent back to the seller, unless the seller proposes to collect the goods in person or through a person authorised by him.
- Alternative Dispute Resolution
1.If the consumer is not satisfied with the manner in which the Seller has handled his complaint or believes that the Seller has violated his rights, the customer has the right to contact the Seller with a request for redress. If the Seller responds to the Customer's request under the preceding sentence in a negative manner or fails to respond to such a request within 30 days from the date of its dispatch by the Customer, the Customer shall have the right to file a motion for the initiation of an alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Z.z on Alternative Dispute Resolution for Consumer Disputes and on Amendments and Additions to Certain Acts. The competent entity for alternative dispute resolution of consumer disputes with the Seller is the Slovak Trade Inspection or another competent authorized legal person 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/, or directly TU; the customer has the right to choose which of the above alternative dispute resolution entities to contact. The customer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ or directly at TU to file a proposal for alternative resolution of their consumer dispute. All other information regarding alternative dispute resolution between the Seller and the Buyer - consumer arising from or related to the Purchase Contract as a consumer contract is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in the Act no. 391/2015 Z.z on Alternative Dispute Resolution for Consumer Disputes and on Amendments and Additions to Certain Acts.
- Final provisions
- The Seller reserves the right to change the General Terms and Conditions. The obligation of written notification of the change of the General Terms and Conditions is fulfilled by placing it in the Seller's Online Shop. In the event of a change in the General Terms and Conditions, the relationship between the Buyer and the Seller shall be governed by the General Terms and Conditions valid and effective at the conclusion of the Purchase and Sale Agreement until its termination.
2.Contractual relations (as well as other legal relations that may arise from the contractual relationship) with natural persons who do not act within the scope of their business activity (consumers) when concluding a purchase contract under these GTC are subject to the general provisions of Act No.40/1964 Coll. Civil Code as amended, as well as special regulations, in particular Act no. 102/2014 Z. z on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller's business premises and Act No. 250/2007 Z.z on consumer protection
5.These General Terms and Conditions form an integral part of the Complaints Policy and the Privacy Policy and Privacy Notice of this online shop. The documents - Complaints Policy and Privacy Policy and Privacy Notice of this online store are published on the domain of the Seller's online store.
- These General Terms and Conditions come into force and effect upon their publication in the Seller's Online Shop on 20.22020.