Shipping and Payment
Detailed information about shipping and payment can be found in section Shipping and Payment.
1. General Introductory Provisions
Legal and natural persons may purchase goods on our website, provided that the rules set out below are observed.
1.1 The MOSS.SK s.r.o. company, M.R.Štefánika 297/11, 050 01 Revúca,VAT ID No.: SK2021872556, Company ID No.: 36 629 464 (hereinafter referred to as the “Seller” or “MOSS.SK s.r.o.”) is registered in the Commercial Register of the Banská Bystrica District Court, Section: Sro, Insert No.: 9629/S. MOSS.SK s.r.o. operates an online shopping web-portal/webshop at www.moss.sk and its subpages (hereinafter referred to as the “shopping portal”). A third party (hereinafter referred to as the “Purchaser”) has the opportunity to view the goods on the shopping portal pages via this portal. At the same time, the Purchaser has the opportunity to purchase chosen goods under the terms and conditions set out in these General Terms and Conditions (hereinafter referred to as the “GTC”) and provided that the purchase order/draft of a Purchase Agreement is accepted by the Seller.
The Seller’s e-mail address is email@example.com
. The Seller’s telephone number is +421 (58) 488 14 56. The operating hours of the Seller’s call centre and complaint centre: normal working days from Monday to Friday from 7.30am to 4.00pm, not including public holidays. These data may be changed or updated at any time at www.moss.sk.
1.2 These GTC govern the legal relations between the MOSS s.r.o. company acting as the Seller and the Purchaser, who expresses interest in purchasing goods at www.moss.sk and its subpages pursuant to the GTC. These legal relations between the Seller and the Purchaser arising from the purchase, the delivery of the goods and the complaints concerning the defects of the goods, are governed, as appropriate, by the provisions of the relevant legislation of the Slovak Republic, depending on their content and the participants in the purchase, in particular by the Commercial Code of the Slovak Republic and the Criminal Code of the Slovak Republic. The obligations of the Parties are also governed by these GTC up until the moment the Purchase Agreement is concluded on the basis of registration of the Purchaser. The mutual relations between the Seller and the Purchaser are governed by the Complaints Policy and Procedure for the online shop www.moss.sk (hereinafter referred to as the “Complaints Policy and Procedure”) referred to in point 4 of the GTC.
1.3 The term Purchase Agreement means an agreement between the Seller and the Purchaser concluded pursuant to Article 2 et seq. of the GTC, the subject-matter of which is the purchase of goods from www.moss.sk.
1.4 The provisions of Article 5 and 6 of the GTC do not apply to a Purchaser who purchases goods for business purposes and not for the purposes of personal consumption. In this case, the liability for the defects of the goods is governed by the provisions of the Commercial Code of the Slovak Republic.
1.5 The information and stock images of the goods displayed on the shopping portal (particularly the availability, price, quantity, and supply) are not updated by the Seller immediately on the webpage. The information regarding the goods published on the shopping portal may not always be correct and complete compared to the actual situation. The indication of an item’s “availability” published on the shopping portal cannot be interpreted as a deadline for the delivery of the goods by the Purchaser. The published indication of an item’s availability is only an indicative, non-binding estimate of the time during which the available inventory of the Seller is expected to sell out. The goods cannot be shown to the Purchaser in advance, it is not always possible to accept the purchase orders and deliver the goods, not even via a third person. The goods delivered via a shopping portal are always limited by the Seller’s current inventory, and ordering more goods and/or delivering the goods after they are sold out is not possible, not even via another person. In certain cases, the Seller will not be able to deliver the products or equivalent products or arrange for the delivery to be made by another Seller for the price, time and quantity that is reasonable with regards to the product, the scope of the product’s advertising and price, especially if a particular case took place pursuant to Article 2.15 of the GTC. The Seller shall always be informed of every such particular case when it is not possible to deliver the goods in a suitable manner, and in the event an agreement has been concluded, each Party has the right to withdraw from the agreement.
2. Purchase order (Ordering Goods/Purchase Agreement/Acts Necessary for the Conclusion of the Agreement)
2.1 The goods are purchased via issuing and sending a purchase order by the Purchaser on the Seller’s shopping portal www.moss.sk (a purchase order made in such a way shall be considered binding and shall be understood as a remote agreement concluded pursuant to Act No. 108/2000 Coll. as amended), and the purchase order of the Purchaser must be approved (accepted) by the Seller in accordance with the GTC; a contractual relationship shall not arise otherwise. If a purchase order is accepted by the Seller pursuant to the GTC, the Seller shall deliver the purchased goods within the delivery period pursuant to Article 4.1 of the GTC.
2.2 The Purchaser may be registered before the goods are selected or during the selection process. The person completing a registration form is obliged to fill in the required information in the mandatory fields of the registration form truthfully. By completing a registration form, the Purchaser grants consent to the processing of his/her personal and other data pursuant to Article 7 et seq. of the GTC and the conditions according to the GTC. In the event of any data changes, the Purchaser is obliged to update the data on the portal without delay when sending a purchase order, since their accuracy, truthfulness, and up-to-dateness affects the delivery of the goods to the Purchaser. Mandatory fields of the registration form are marked with a “*” symbol. The Purchaser is obliged to provide correct, complete and truthful information. The Purchaser’s failure to fulfil these obligations is interpreted to the detriment of the Purchaser. The registration process is successfully completed by assigning a login name and password. The Purchaser is obliged to keep the login name and password generated during the registration process in a safe place and protect it against misuse.
2.3 The Purchaser browses and selects the goods according to the main product categories listed in the left product menu or by clicking on its subcategories or displayed goods.
2.3.1 The Purchaser selects information on the goods according to the published ordering information and he/she adds the product to his/her purchase order by clicking the “Blue square with a white arrow” button. The subsequent brief change of colour to green indicates that the products have been successfully added to the cart. In the event the Purchaser has finished selecting the goods, he/she will click the “Submit Purchase Order” button. Otherwise, he/she may return to the goods selection process by clicking “Step Back”.
2.3.2 In each of these steps, the Purchaser follows guidance instructions and as a rule, each of these steps is completed by clicking “I confirm” in an unspecified graphic form. The Purchaser is obliged to provide complete, truthful and correct information necessary for the correct delivery of the goods. The Purchaser is obliged to check the correctness of the selected data and information during the process of ordering the goods before they are finally sent to the Seller.
2.4 The application of any other terms and conditions of the Purchaser specified in the purchase order, another document, message or e-mails of the Purchaser that are contrary to these GTC is expressly excluded.
2.5 The Purchaser’s purchase order shall be considered sent if it is delivered to the Seller and if it contains all the required information – the name of the ordered goods, its quantity, price, the Purchaser’s delivery and billing addresses, e-mail address and phone number. If the GTC do not stipulate otherwise in a separate provision, the Seller is bound by his/her offer of the goods, including its price from the moment the acceptance of the purchase order is sent to the Purchaser (conclusion of an agreement) until the goods are delivered to the Purchaser.
2.6 Before sending a purchase order to the Purchaser, the Purchaser is obliged to confirm by clicking that he/she was informed of and agrees with the applicable GTC of the Purchaser, regarding them as part of the contractual relationship between the Seller and the Purchaser. The process of issuing and sending a purchase order by the Purchaser cannot be completed without this step. Each purchase order is assigned a registration number. When communicating with the Seller and during the payment process, the Purchaser indicates the number of the product order.
2.7 The Purchaser sends a purchase order to the Seller via a shopping portal. This purchase order is the Purchaser’s proposal to conclude a Purchase Agreement under the contractual terms and conditions of these GTC. The purchase order is intended for the Seller to be accepted by the Seller within 15 days of its delivery to the Seller. By sending an order to the Seller via a shopping portal, the Purchaser expresses his willingness to be bound by his/her purchase order throughout the stated time period, to buy and take over the selected goods at the purchase price in accordance with the GTC, provided that the purchase order is accepted by the Seller. Upon the delivery of the purchase order, the Seller shall electronically confirm the Purchaser’s purchase order without delay, i.e. inform the Purchaser of the receipt and classification of the purchase order in the Seller’s system. The electronic order confirmation of the purchase order is not considered an acceptance of the purchase order by the Seller under Article 2 of the GTC and does not constitute an establishment of a Purchase Sub-agreement.
2.8 On the basis of the agreement between the Parties and in accordance with the GTC, the Purchase Agreement between the Parties is concluded if the Seller confirms the Purchaser’s purchase order and at the same time, the Seller accepts the order via a separate e-mail or message addressed to the Purchaser within 15 days from the receipt of the purchase order (i.e. expresses agreement with the purchase order) pursuant to these GTC. The Seller shall accept the Purchaser’s purchase order by sending an e-mail or message to the Purchaser. On the basis of an agreement between the Parties and these GTC, the Seller is obliged to accept the purchase order in the time period pursuant to Article 3.1.1 of the GTC.
2.9 The Purchaser may withdraw the purchase order via e-mail delivered to the Seller, provided that this withdrawal is delivered to the Seller before the Seller accepts the purchase order pursuant to the GTC. If the time period for acceptance of the purchase order expires without the Seller accepting the purchase order, the purchase order shall be automatically cancelled. The purchase order shall also be cancelled in other cases pursuant to the GTC.
2.10 Changing the purchase order/conditions: if the Seller is unable to accept the Purchaser’s purchase order in its entirety (e.g. 1 of 3 ordered items is unavailable) or if he/she proposes to change the purchase order or change the delivery terms and conditions for other reasons, the Purchaser will be informed of this fact by e-mail or by other appropriate means. At the same time, the Purchaser will be asked to express his consent or disagreement with the change. The Purchaser is obliged to express his consent or disagreement within 2 days from the date of being notified of the proposed change. During this period, the available items from the Purchaser’s purchase order shall be reserved for the Purchaser. Only when the Purchaser accepts (approves) the proposed change of the purchase order, a contractual relationship arises between the Parties. In the event the Purchaser does not approve the change within the specified time period by the specified means, the Purchaser’s purchase order shall be considered cancelled in its entirety on the expiry of the period, and the Seller’s proposal for the change shall be considered not accepted by the Purchaser.
The Purchase Agreement between the Seller and the Purchaser is concluded by accepting the Purchaser’s purchase order by the Seller or by accepting the changes of the purchase order proposed by the Seller and accepted by the Purchaser. On the basis of the Purchase Agreement, the Seller shall be obliged to deliver the subject-matter of the purchase to the Purchaser and fulfil the obligations under the GTC. On the basis of the concluded Agreement, the Purchaser shall be obliged to accept the subject-matter of the purchase, pay the agreed price to the Seller and fulfil the obligations under the Agreement and the GTC. The Seller shall fulfil the accepted purchase order within the time period pursuant to Article 4.1 of the GTC.
2.11 In special cases and before sending his/her acceptance, the Seller reserves the right to request from the Purchaser the delivery of other necessary documents or information or to verify the correctness of the Purchaser’s e-mail address or phone number. Depending on the nature of the Purchaser’s purchase order, the Seller is always entitled to ask the Purchaser for additional authorisation of the purchase order or the Purchaser’s identity in an appropriate manner, e.g. in writing, via e-mail, text message or phone. In the event the Purchaser does not perform additional authorisation in the manner required by the Seller and within the period required by the Seller, the purchase order (before its acceptance) or the Purchase Agreement (after its acceptance) shall be cancelled from the outset by the expiry of this period.
2.12 In the event the Seller discovers a typographical, systemic, human, delivery or other error concerning the product, its price, availability, quantity or possibilities of its delivery before or after the Agreement is concluded, as well as in the event the stocks are exhausted or the goods are unavailable or the Purchaser is unable to deliver the product to the Purchaser within the agreed time period or at a price specified in the internet store or for reasons of force majeure, the Seller shall inform the Purchaser of this fact. In the event any of these particular cases occur, the Seller and the Purchaser shall be entitled to withdraw/cancel their purchase order (the Purchaser) or reject it (the Seller) prior to the conclusion of the Agreement. If such a particular circumstance occurs after the conclusion of the Agreement, the Seller shall be entitled to withdraw from the Agreement until the moment the goods are delivered to the Purchaser. In the event such a particular circumstance reported to the Purchaser occurs, the Purchaser shall be entitled to withdraw from the Purchase Agreement pursuant to the GTC and the legal provisions. If the Purchaser has already paid the purchase price, it shall be returned to him in accordance with the legal provisions and the GTC. The Seller shall be entitled to unilaterally withdraw from the Agreement and/or not deliver the goods to the Purchaser also in the event that he/she finds out that incorrect, incomplete or false information concerning the Purchaser, the person accepting the goods, were included in the communication or if there is a risk that as a result of the conduct of the person with whom the Seller has communicated, a damage may be caused to the Seller (e.g. fraudulent conduct).
2.13 The Purchaser is entitled to unilaterally withdraw from the Agreement in the period from the moment the Agreement is concluded until the goods are delivered, provided that he/she is obliged to bear the costs of the shipping and the delivery of the goods. The possibilities of a withdrawal of the Purchaser upon the receipt of the goods are specified in the GTC and the legislation.
2.14 Neither the Purchaser nor the Seller is entitled to assign the receivable from mutual relations to a third party.
2.15 Before sending a purchase order, the Purchaser shall be entitled to perform the steps and use technical means specified in Article 2 and 3 of these GTC in order to conclude the Agreement or discover or correct technical errors.
3. Purchase Price of the Goods, Payment Terms, Delivery of the Goods, Delivery Terms and Shipping Costs
3.1 Purchase price of the goods, payment terms, delivery of the goods
3.1.1 The Purchaser is obliged to pay the Seller the purchase price and the shipping price pursuant to the purchase order accepted by the Seller (concluded Agreement). When creating a purchase order, these items are also included in summary form (sum of the price of the goods and shipping price). The price of the goods on the portal includes VAT, provided that it is not expressly stated that the price is exclusive of VAT. During the delivery of the goods and services, VAT is applied in accordance with the legal provisions.
3.1.2 The purchase price of the goods never includes bank fees for the execution of the purchase price payment, shipping costs, payment-on-delivery costs, delivery costs of the purchased goods pursuant to point 4 of the GTC, and costs of using electronic means for communication. These fees and costs shall be paid by the Purchaser unless otherwise specified hereinafter. When paying from abroad, the Purchaser, acting as the payer, is obliged to bear the fees of his/her bank and other fees, in particular, the fees of the correspondent banks and the beneficiary’s bank.
3.1.3 The price may change due to an obvious typographical or other error regarding the price of the goods discovered in the system of the Seller or published on the shopping portal. The Purchaser and the Seller are entitled to cancel the purchase order, or withdraw from the Purchase Agreement (until the moment of receipt of the goods) if the Purchaser is notified of a change of the purchase price of an item as a result of an obvious typographical or other error related to the price of the goods.
3.1.4 The payment method of the purchase price, shipping costs (the payment method is chosen by the Purchaser in the second step of ordering the goods on the shopping portal and is included in the purchase order together with the calculation of the costs):
- cash upon the receipt of the goods (cash on delivery) – the purchase price, the cash-on-delivery costs, and the shipping costs are specified in the shopping cart during the process of ordering the goods.
3.1.5 Bank fees for the execution of the purchase price and shipping costs payment made by the Purchaser are governed by the Agreement concluded between the Purchaser and the Purchaser’s bank. The Purchaser is informed that the information on the shipping costs is clearly specified in the process of ordering goods and depends on the choice of the carrier/delivery service/delivery method. The costs of using electronic means of communication shall be governed by an agreement concluded between the Purchaser and his/her internet service provider, or his/her electronic communication service provider.
3.1.6 The Seller shall issue and deliver an invoice to the Purchaser in accordance with the applicable laws of the Slovak Republic. By sending a purchase order, the Purchaser agrees that the invoice be sent together with the goods or be made available to the Purchaser in electronic form. The invoice is sent together with the goods and the invoice also serves as a delivery note and a guarantee statement, unless a separate guarantee statement is being delivered. The separate guarantee statement being delivered may be confirmed by the Seller on the basis of the Purchaser’s request within 7 days from the date of delivery of the goods to the Purchaser.
3.1.7 The withdrawal from a concluded agreement is in accordance with the legal provisions and the GTC. If the purchase price was paid prior to the conclusion of the Agreement and the Agreement is not concluded within 15 days of the receipt of the Purchaser’s purchase order, the purchase price shall be returned to the Purchaser no later than 30 days from the date of delivery of the Purchaser’s purchase order or within 15 days from the purchase order being rejected or withdrawn, whichever date is the earlier. The purchase price shall be returned to the account from which the payment was received, or by other means on the basis of an agreement between the Parties. In cases of doubt, before the paid price is returned, the Seller shall be entitled to ask the Purchaser to provide proof that he/she is the account holder and/or has the right to receive the funds. If the Seller is obliged to return the purchase price to the Purchaser and the goods have already been delivered to the Purchaser, the Seller will return the purchase price to the Purchaser only when the goods are returned to the Seller.
3.2 Delivery terms and shipping costs
3.2.1 Delivery periods vary according to different product types. When verifying a purchase order, the consumer shall always be notified of the delivery date or the date of the removal of goods. In exceptional cases, when certain types of goods are not in stock and neither the manufacturers nor the importers have the goods available, the delivery period may be longer. In most cases, the Seller delivers the goods to the Purchaser within 14 days of the date on which an agreement was concluded between the Seller and the Purchaser pursuant to these GTC. The Seller shall deliver the goods to the Purchaser at the address specified by him/her when placing a purchase order (exclusively within the territory of the countries of the European Union) and exclusively to the person acting as the Purchaser. Delivering the goods to a person other than the Purchaser is not possible without specific written consent of the Seller and without documents required by the Seller. For this reason, it is essential that the Purchaser provides correct identification information when ordering goods and correct information for the delivery of goods. Delivering the goods outside the territory of the Slovak and Czech Republic or to another person without an authorization to receive the goods is not possible. The deliverer of the goods is entitled to find out and verify, by appropriate means, whether the person accepting the delivery is the Purchaser and whether he/she is entitled to take over the goods. Where circumstances so warrant, the Seller and the Purchaser may agree to extend the delivery period or to use alternative performance of the same quality and price.
Shipping and packaging to Slovakia when order total sum is lower than 30,00€ incl. VAT is priced at 4,80€ incl. VAT. Shipping is FREE for orders where total order sum (excl. shipping) is more than 30,00€ incl. VAT.
Shipping and packaging to Czech Republic when order total sum is lower than 850,00 Kč incl. VAT is priced at 150,00 Kč incl. VAT. Shipping is FREE for orders where total order sum (excl. shipping) is more than 850,00 Kč incl. VAT.
Shipping and packaging to Hungary when order total sum is lower than 11.340 Ft incl. VAT is priced at 2.898 Ft incl. VAT. Shipping is FREE for orders where total order sum (excl. shipping) is more than 11.340 Ft incl. VAT.
The courier company will deliver the package within 24-48 hours since the shipping date.
Contact the complaints department: firstname.lastname@example.org
3.2.2 The delivery of goods to the Purchaser is possible only after the purchase price and the shipping price for the delivered goods have been paid. Otherwise, the Seller, or the carrier/deliverer, is entitled not to deliver the goods and the Seller is not late in the delivery of the goods. The Purchaser is obliged to properly accept the goods from the carrier/deliverer in the extent of the purchase order accepted by the Seller. The Purchaser acquires ownership of the goods only after the purchase price of the goods and the shipping price have been paid and the goods have been accepted.
3.2.3 In certain cases, before the purchase order has been accepted, the Seller is entitled to change the shipping method chosen by the Purchaser to another shipping method offered. If such a case occurs, the Purchaser shall be informed of this fact in writing and a change of the purchase order and the terms and conditions of the Agreement shall be proposed pursuant to Article 2 of the GTC, and the Purchaser shall be informed of the change in the shipping costs. A change in the shipping costs resulting from the change in the shipping method will not be to the detriment of the Purchaser.
3.2.4 The Purchaser is informed that the Seller is entitled to deliver the goods by several separate deliveries and that the same shipping price applies for such separate deliveries as when accepting the order (i.e. more shipments are charged only for the price of one shipment).
3.2.5 The Seller, shipping company or delivery service is entitled to notify the Purchaser of the delivery of the goods via e-mail, text message or another suitable medium (e.g. by phone). The Purchaser agrees that the Seller shall provide this information of the Purchaser to the shipping/forwarding company or the deliverer. The Purchaser is obliged to be present at the address given by him/her at the time of the reported delivery of the goods.
3.2.6 When accepting the goods, the Purchaser shall be obliged to prove his identity to the carrier by means of valid identity documents (identity card or passport) without being asked to do so. These documents must clearly show the identity of the Purchaser and the authorization to receive the goods. Otherwise, the goods do not need to be handed over by the Seller/carrier.
3.2.7 In the event that the Purchaser wrongly refuses to accept the goods or repeatedly fails to accept them, the Seller shall be entitled to claim all costs thus incurred by him/her.
3.2.8 The Seller is entitled to unilaterally and at his/her own discretion determine the value of the purchase order, for which the Purchaser no longer pays the shipping price. The information on whether the shipping price is paid or is not paid by the Purchaser shall be displayed in the purchase order at www.moss.sk. The Seller is entitled to unilaterally change and amend the value of the purchase order (concluded agreement), the shipping price of which is no longer paid by the Purchaser, without the need to indicate the change in these GTC. This change does not affect concluded Agreements.
3.2.9 When accepting the goods, the Purchaser shall be obliged to check the integrity of the packaging and the completeness of the delivery, particularly the quantity of the transported packages (parcels/consignments). In case of any obvious defects discovered in connection with the shipping and the goods, the Purchaser is obliged to notify the carrier and the Seller immediately, within 12 hours at the latest. The Purchaser is obliged to specify all the damage discovered on the parcel and the packaging in the shipping document. If the transported package is sealed with original tape, and the tape is damaged or other damage to the packaging or consignment or unauthorized opening of the consignment is discovered, the Purchaser is obliged not to accept the consignment from the carrier/deliverer. By signing the acceptance protocol, the Purchaser confirms the consignment was accepted intact. If the Purchaser does not object to the non-delivery of the goods and the non-delivery of the documents that are to be delivered with the goods within 12 hours from the delivery of the goods, on the basis of the confirmed delivery notes and shipment notes, it is assumed that the goods were delivered to the Purchaser properly, unless evidence proves otherwise.
3.2.10 The Purchaser shall notify the Seller of any damage to the goods via e-mail or other suitable means. It is not possible to take into account additional reports of mechanical damage discovered when accepting the goods and these will not be recognized.
3.2.11 The Seller shall immediately inform the Purchaser of the impossibility of delivering goods, as well as of cases of force majeure or of reasons for which the Seller or the carrier/deliverer is not responsible. In this case, the Seller offers or provides the consumer with a substitute performance and proceeds according to the GTC and the legislation.
3.2.12 Personal collection of goods at MOSS.SK is not possible. The Purchaser is obliged to submit a complaint about obvious defects of the goods immediately via phone or e-mail to email@example.com
, where he/she will be informed of the next steps.
4. Guarantee and Complaints Conditions, Complaints Procedure
4.1 The provisions of this point do not apply to a Purchaser who purchases goods for business purposes and not for the purposes of personal consumption of natural persons. Liability for defects of goods, in this case, is governed by the provisions of §422 et seq. of the Commercial Code. The Seller deals with customers’ complaints in accordance with the legal provisions of the Slovak Republic, in particular, Act No. 250/2007 Coll. as amended, the Civil Code of the Slovak Republic and the applicable legal provisions.
4.2 Pursuant to the legal provisions of the Slovak Republic, the standard length of the guarantee period for all goods purchased on the basis of civil-law relationships is 24 months unless the legal provisions of the Slovak Republic stipulate a shorter guarantee period for certain types of goods. The guarantee period starts on the date the goods are accepted by the Purchaser.
4.3 The duration of the guarantee period is governed by the legal provisions of the Slovak Republic. If a time limit for use is indicated on the item being sold, its packaging or in the accompanying instructions, the guarantee period shall not end before the expiry of this period.
The warranty does not cover the defects and damages caused: by standard wear, actions of the Purchaser or a third party after the goods have been accepted by the Purchaser, improper or rough handling, excessive burden, mechanical damage or wear, using the goods contrary to the instructions of use or intended purposes, or by non-compliance with the rules for the use, maintenance or storage, by natural disasters, improper or incorrect assembly, installation or storage, as a result of a failure to perform regular maintenance and service inspections (if instructed to do such inspections by the user manual).
4.4 The Purchaser’s guarantee also expires in the event the seal is removed from the goods or if the goods have been tampered with.
4.5 The Purchaser may lodge a complaint by sending the goods along with other required documents (particularly the proof of purchase) to the central complaint department of MOSS.SK s.r.o. to the address: M.R. Štefánika 297/11, 050 01 Revúca.
4.6 The Purchaser shall enclose a legible original or a copy of the proof of purchase with the claimed goods, and provide a detailed description of the defect and the way the defect is manifested on the outside. The goods shall be delivered in an unaltered condition and with the accessories supplied with the goods.
4.7 When lodging a complaint, the Seller shall issue a confirmation to the consumer. In the event the complaint is lodged by means of distance communication, the Seller shall deliver the confirmation of the lodged complaint to the consumer when delivering the proof of the settlement of the complaint at the latest; the confirmation of the lodged complaint need not be delivered if the consumer has an opportunity to prove the lodging of the complaint in another way. It is not possible to evaluate the complaint without presenting the goods.
4.8 If there is a defect that can be removed, the Purchaser is entitled to have the defect removed free of charge and in a timely and proper manner. The Seller is obliged to remove the error without undue delay. The Purchaser may ask for a replacement of the item instead of a removal of the defect, or, if the defect concerns only a part of the item, the replacement of the part of the item, provided that no unreasonable costs arise to the Seller with regard to the price of the goods or the seriousness of the defect. The Seller may always replace the defective item with a defect-free one instead of removing the defect, provided that this does not cause serious difficulties to the Purchaser. If there is a defect that cannot be removed and this defect prevents the item from being used properly as a defect-free item, the Purchaser is entitled to have the item replaced or withdraw from the Agreement. The same rights belong to the Purchaser if there is a removable defect, but the Purchaser cannot properly use the item due to the re-occurrence of the defect after the repair or due to a larger number of defects. If there are irremovable defects, the Purchaser is entitled to a reasonable discount on the price of the item.
4.9 The Seller shall issue a confirmation of the lodged complaint no later than 30 days from the day the complaint has been lodged in accordance with the Law on Consumer Protection and the legal provisions. The Purchaser acknowledges and agrees with the fact that the confirmation of the lodged complaint and the proof of the settlement of the complaint will be delivered to the Purchaser in accordance with the legal provisions. Upon the completion of the complaints procedure, as well as at the request of the Purchaser, the Purchaser is obliged to accept the claimed goods from the Seller within 15 days, provided that the complaint was settled by means of repair, discount, replacement of the goods (new goods) or rejection of the complaint.
4.10 In the event the Purchaser fails to accept the delivery of the goods within 30 days after the complaint has been settled or within 30 days of the date of repeated delivery of the goods to the Purchaser or the Purchaser fails to collect the goods within the same time period from the moment the Seller sends an invitation to pay to the contact address provided by the Purchaser, the Seller is entitled to ask the Purchaser to pay him/her the amount of €0.25 for each day of storage pursuant to the legal provisions.
5. Returning the Ordered Goods – Withdrawal from the Agreement
5.1. The Seller shall be entitled to withdraw from the Purchase Agreement as a result of stocks being exhausted, unavailability of the goods or if the manufacturer, importer or supplier of the goods agreed upon in the Purchase Agreement, discontinued the production or made such significant changes that prevented fulfilment of the obligation of the Seller arising from the Purchase Agreement or by reason of force majeure or if the Seller, despite all reasonable efforts to do so, was not able to deliver the goods to the customer in the time period stipulated by these commercial conditions or at a price specified in the online store. The Seller is obliged to immediately inform the Purchaser of this fact and to return the already paid advance payment for the goods agreed upon in the Purchase Agreement to the Purchaser within 15 days from the notice of withdrawal from the Agreement by a transfer to the bank account designated by the Purchaser.
5.2. The Purchaser has the right to withdraw from the Purchase Agreement without giving a reason under the conditions governed by Act No. 102/2014 Coll. on the Protection of Consumers in Sale of Goods or Provision of Services under Remote Contracts or Contracts Executed Outside the Business Premises of the Seller and on Amendments to Certain Acts (hereinafter referred to as the “Act on the Protection of Consumers in Sale of Goods”) within 14 days from the date of receipt of the goods. Within this period, the Purchaser has the right to unpack and test the goods in a similar way as is usual when purchasing the goods in a standard permanent store. However, testing the goods does not mean using them and then returning them to the Seller. The goods are deemed to have been accepted by the Purchaser the moment the Purchaser or a third party designated by the Purchaser, with the exception of the carrier, accepts all parts of the ordered goods, or in the event
(a) the goods ordered by the Purchaser in one purchase order are delivered separately, the moment the goods that were delivered last are accepted, or in the event
(b) the goods consisting of several parts or pieces are being delivered, the time of receipt of the last part or the last piece, or in the event
(c) the goods are being delivered repeatedly over a defined period of time, the moment the first goods are accepted.
5.3. By sending a purchase order to the Seller, the Purchaser confirms that the Seller has fulfilled his/her information obligations in a timely and proper manner in accordance with the provisions of §3(1) of Act on the Protection of Consumers in Sale of Goods.
5.4. The Purchaser may exercise the right of withdrawal from the Agreement in paper form or in the form of records on another durable medium or through a withdrawal form sent to the Seller’s mailing address: MOSS.SK, s.r.o., M.R.Štefánika 297/11, 05001 Revúca, Slovak Republic. The withdrawal form can be downloaded here
5.5. Withdrawal from the Purchase Agreement by means of a withdrawal form under the preceding paragraph of these General Terms and Conditions shall contain the information required therein, particularly the exact specification of the goods, date of order placement, name and surname of the consumer(s), address of the consumer(s), signature of the consumer(s), the manner in which the Seller shall return the already-received payment, particularly the account number and/or the postal address, date. By withdrawing from the Purchase Agreement, the Purchaser is obliged to deliver the goods to the Seller, together with the accessories, including the documentation, instructions, guarantee statement, proof of payment, etc. and send or bring them to the Seller in the original packaging to the address: MOSS.SK, sro, M.R.Štefánika 297/11, 05001 Revúca, Slovak Republic. We recommend insuring the goods. The Seller does not accept cash-on-delivery consignments.
5.6. In the event the Purchaser withdraws from the Agreement, any additional agreement related to the Agreement the Purchaser withdrew from, shall be made void from the outset.
5.7. The Purchaser may withdraw from an agreement, the subject-matter of which is the delivery of goods, even before the commencement of the withdrawal period. The withdrawal period is respected if the Purchaser sends a notification of the exercise of the right of withdrawal before the withdrawal period expires.
5.8. Upon withdrawal from the agreement, the Seller shall return to the Purchaser the payments, which the Purchaser demonstrably made in connection with the conclusion of the Agreement, i.e. the purchase price. However, the Seller is not obliged to pay the additional costs to the Purchaser in the event the Purchaser chose a different type of delivery than the cheapest standard type of delivery offered by the Seller. The term “additional costs” means the difference between the costs for delivery chosen by the Purchaser and costs for the cheapest type of delivery offered by the Seller. The payments shall be returned to the Purchaser within 14 days of the date the Purchaser’s notice of withdrawal is delivered to the Seller. The payment shall be made in the same manner the Purchaser used when making payments to the Seller, provided that the Purchaser did not specify a different type of payment in the withdrawal form, without charging any additional fees.
5.9. The payment for the purchased goods shall be made to the Seller only after the returned goods are delivered to the address specified in point 5.5 of these General Terms and Conditions or upon the submission of the document proving the return of the goods, whichever is the earlier.
5.10. In the event the Purchaser withdraws from the Agreement within the meaning of point 5.2 of these General Terms and Conditions and delivers to the Seller the goods that are used and damaged or incomplete or the value of the goods in question is reduced as a result of such handling of the goods that is beyond the handling necessary to ascertain the properties and functionality of the goods, the Seller is entitled to claim damages in the amount of the restoration of the goods to their original state, or the claimant has the right to ask the consumer to pay the reduction of the value of the goods.
5.11. The Purchaser is obliged to send back and return to the Seller the goods, together with accessories including the documentation, instructions, guarantee statement, proof of payment, etc. in the original packaging within 14 days of the date of withdrawal from the Agreement.
5.12. Upon withdrawal from the Agreement, the Purchaser shall bear the direct costs of returning the goods to the Seller or to the person authorised by the Seller to accept the goods. The direct costs of returning the goods cannot reasonably be calculated in advance. According to the information available, the projected estimate of the amount of these costs – depending on their size, weight, distance from the place the goods are returned from, and the prices for the services the chosen carrier offers – is between EUR 2 to 150.
5.13. Upon withdrawal from the Agreement, the Purchaser shall also bear the direct costs of returning the goods, which cannot be returned by post due to its nature. The direct costs of returning the goods cannot reasonably be calculated in advance. According to the information available, the projected estimate of the amount of these costs – depending on their size, weight, distance from the place the goods are returned from, and the prices for the services the chosen carrier offers – is between EUR 2 to 150.
5.14. In the event the Purchaser fails to fulfil any of the obligations referred to in points 5.4 and 5.5 of these General Terms and Conditions, the withdrawal from the Purchase Agreement is not valid and effective and the Seller is not obliged to refund all the demonstrable payments according to the point 5.8 of these General Terms and Conditions to the Purchaser and at the same time, the Seller is entitled to a reimbursement of the costs associated with sending the goods back to the Purchaser.
5.15. The Purchaser cannot withdraw from an agreement, the subject-matter of which is
(a) the sale of goods manufactured according to the consumer’s specific requirements, custom-made goods or goods specially designed for one consumer,
(b) the sale of audio recordings, visual recordings, audiovisual recordings, books or computer software sold in a protective case, if the consumer has already unpacked the case.
(c) the sale of goods encased in a protective case, the return of which is not appropriate due to health protection or hygiene reasons and the protective case of which was damaged after the delivery, e.g. dental care goods, razor accessories, etc.
6. Personal Data Protection
6.1 Pursuant to Act No. 428/2002 Coll. on Personal Data Protection and to special provisions, from the moment of his/her registration, the Purchaser grants the Seller consent to the processing of personal data present in the registration form, purchase order, or mutual correspondence in the information system of the Seller. This consent is provided for the purposes of introducing pre-contractual relationships and information necessary for the fulfilment of obligations and the Purchase Agreement (mutual contractual relationships), as well as for the purposes of the delivery of advertising materials, promotion of services and products of the Seller and the MOSS.SK s.r.o. company, M.R.Štefánika 297/11, 050 01 Revúca, VAT ID No.: SK2021872556, Company ID No.: 36 629 464, sending information on the activities of these persons, competitions of these persons, including by electronic means (particularly by e-mail, text messages, telemarketing). The Purchaser also agrees with the processing of non-personal data.
6.2 The consent is granted voluntarily until its withdrawal, provided that the Purchaser is entitled to withdraw the granted consent at any time by sending a written notice to the Seller’s e-mail address firstname.lastname@example.org
or by sending a written notice by mail to the above-mentioned address representing the Seller’s registered office.
6.3 The Purchaser declares that the personal data specified in the purchase order are correct. Pursuant to §11 of Act No. 428/2002 Coll., the responsibility for incorrect personal data lies with the person who entered the data into the information system.
6.4 By registering and submitting a purchase order, the Purchaser confirms he/she agrees with receiving commercial communication by means of electronic mail and/or text messages or by other suitable means.
6.5 In the event the Seller is obliged to provide and/or deliver mandatory information to the Seller and this obligation is not fulfilled by publishing them in the GTC, the Purchaser agrees that the Seller shall provide and deliver such information by means of e-mail or text messages to the contact details provided by him/her or by other suitable means.
7. Final Provisions
7.1 The Seller is entitled to keep and archive the mutual documentation and the Agreement in electronic form along with the relevant General Terms and Conditions for a 5-year period. The archived Agreement is not available to the Purchaser. The Slovak language is used for the conclusion of the Agreement. The Purchaser is entitled to reproduce the essential elements of the Agreement in electronic format pursuant to the legal provisions.
7.2 When delivering electronic messages to the Purchaser, it holds true that if the Seller does not receive an error message saying the message (e-mail or text message) was impossible to deliver to the e-mail address provided or to the Purchaser’s telephone number, the message (e-mail or text message) is considered delivered the next day after being sent, provided that mandatory legal provisions do not specify otherwise. When delivering electronic messages to the Seller (e-mail), it holds true that the electronic document is considered not delivered until the Seller confirms to the Purchaser its delivery by means of a return e-mail message. The consignment is considered delivered even in the event the addressee refused to accept it, or in the event the addressee did not accept it either by his/her own fault or by omission. In such a case, it is considered delivered following the expiry of the storage period at the post office as specified by the consignor and by returning the consignment to the consignor, of which the consignor needs to provide undamaged evidence of. Notices delivered via a deliverer – courier service shall be considered delivered the moment they are accepted by a Contracting Party. In the event of a failed delivery by the courier service, the moment of delivery shall be considered to be the third day after the first delivery attempt was carried out, and the attempt to deliver the goods shall be proved by the deliverer – courier service. It is the exclusive right of the Seller to decide in what form and in which cases to use this form to communicate with the Purchaser (text message or e-mail or by other suitable means).
7.3 Should any of the provisions of the GTC and/or the Agreement be declared invalid or ineffective, such invalidity or ineffectiveness shall not result in the invalidity or ineffectiveness of the remaining provisions of the Agreement/GTC. In such a case, the Parties undertake to replace such invalid or ineffective provision with a new one without any delay so as to preserve the purpose of the relevant invalid or ineffective provision at the time of its adoption, or conclusion of this Agreement.
7.4 The Seller’s activities are to be supervised by the inspectorate of the Slovak Trade Inspection with its registered office in Banská Bystrica for the Banská Bystrica region, Dolná 46, 974 00 Banská Bystrica.
7.5. The applicable law shall be the law of the Slovak Republic. All disputes arising from the GTC, the Agreement or in connection therewith, including the disputes concerning the supply of goods, shall be discussed and adjudicated exclusively by the courts of the Slovak Republic.
7.6 The GTC are valid and binding from the date of their publication on the Seller’s website and may be consulted at the Seller's registered office, as well. The Seller reserves the right, at his/her own discretion, to cancel, change, amend or replace them with new ones, provided that the concluded agreements are governed by the GTC valid at the time of the conclusion of the Purchase Agreement. By completing a registration, submitting a purchase order and clicking on the consent with the GTC at www.moss.sk when completing the ordering process, the Purchaser confirms to have read and agreed with the content of the GTC, the Complaints Policy and Procedure (Article 5) regarding them as a part of the contractual relationship.
This version of the GTC is published and valid as of 2 March 2014 and will be used for purchase orders delivered to the Seller via a shopping portal after this date.
7.7 The Seller and the Purchaser have agreed to fully accept remote communication – via phone, fax (including a purchase order form filled in by hand), electronic means of communication, particularly via electronic mail and internet network – as valid and binding for both Contracting Parties.
7.8 Dispute resolution – Any disputes between MOSS.SK and the Purchaser may also be resolved via non-judicial means. In this case the Purchaser – the consumer may contact an out-of-court dispute resolution entity, e.g. the Slovak Trade Inspection (www.soi.sk) or resolve the dispute through an ODR platform designated for this purpose (http://ec.europa.eu/odr). The Seller recommends the Purchaser to first contact MOSS.SK to resolve the situation before proceeding to the non-judicial settlement of the dispute. These General Terms and Conditions are valid and effective from 10 April 2016 and repeal the previous version of the GTC. The Purchaser reserves the right to change the GTC without prior notice.