Basic information

These Terms and Conditions of Sale apply to contracts concluded remotely in the e-shop www.silnemagnety.sk between the Seller and the Buyer.

The Seller is: Orodian s.r.o., M. R. Štefánika 1068/6, 97251 Handlová. Company reg. no. 51281112, Tax ID 2120655977, Vat no. SK2120655977. Tel. +421 940 640 600, e-mail: info@orodian.com. Registered in the Commercial Register of the District Court of Trenčín, Section Sro, File no. 35800/R.

All contractual relations are concluded in accordance with the applicable legislation in the Slovak Republic.

If the contracting party is a consumer (natural person), relations not regulated by these Terms and Conditions of Sale are regulated by law:

•  Act No. 40/1964 Coll., Civil Code, as amended (the “Civil Code”);
• Act No. 250/2007 Coll., on consumer protection, as amended (the “Consumer Protection Act”);
• Act No. 102/2014 Coll. on consumer protection on the sale of goods or provision of services based on distance contracts and off-premises contracts and on amendments to certain acts, as amended (the “Act on Consumer Protection in the Distance Selling of Goods”);
• Act No. 22/2004 Coll., on electronic commerce and on amendment and supplementation of Act No. 128/2002 Coll. on state control of the internal market in consumer protection issues and on amendments to certain acts, as amended by Act No. 284/2002 Coll., as amended (the “Electronic Commerce Act”).

If the contracting party is a legal entity, the relations not regulated by these Terms and Conditions of Sale are regulated by Act No. 513/1991 Coll., Commercial Code, as amended (the “Commercial Code”).

The oversight authority for consumer protection is the SOI Inspectorate for the Trenčín Region, Hurbanova 59, 911 01 Trenčín.

Purchase order and contract conclusion

The Buyer’s sending of a completed purchase order is considered a proposal for the conclusion of a contract under the Civil Code, based on the Seller’s offer in the e-shop. The conclusion of the contract occurs upon confirmation of the purchase order by the Seller.

Prices of goods

All prices of products in the e-shop are final, including all taxes. The Seller is a VAT payer. The price of the product does not include delivery costs. These costs are listed at www.orodian.com/delivery-and-payment-methods, and in the shopping cart before the order is completed, where the Buyer can also see the total price of the order, including delivery costs.

Payment for goods

The Seller accepts payment for the ordered goods by the methods indicated at the Website www.orodian.com/delivery-and-payment-methods. As part of the order in the e-shop, the Buyer is obliged to pay the Seller the price for the ordered goods.

Delivery of goods

If the delivery period is not specified in the product, the Seller shall deliver the goods to the Buyer within 30 days at the latest. The usual delivery time for products in stock is 1-4 working days. (In case of payment in advance by bank transfer, the delivery time is calculated from the date of crediting the payment to the Seller’s account).

The goods shall be deemed to have been accepted by the Buyer at the time when the Buyer or a third party designated by the Buyer (excluding the carrier) accepts all parts of the ordered goods, or if a) the goods ordered by the Buyer in a single purchase order are delivered separately, at the time of acceptance of the goods delivered last, b) the goods are delivered consisting of several parts or pieces, at the time of acceptance of the last part or piece, or c) the goods are delivered repeatedly during a specified period, at the time of acceptance of the first delivered goods.

Complaints Procedure

The Seller shall be liable for defects in the goods upon receipt by the Buyer. For used items, the Seller is not liable for defects caused by their use or wear and tear. In the case of items sold for a lower price, the Seller is not liable for the defect for which the lower price was negotiated. Unless the goods are perishable or second-hand, the Seller is liable for defects that occur after receipt of the goods within the warranty period (warranty).

The warranty period for new goods is 24 months, which runs upon the Buyer’s receipt of the goods. The warranty period for used goods is 12 months. The warranty period for custom-made items is 24 months. If the sold item, its packaging or the instructions attached to it have a period of use marked on them, the warranty period does not expire before the expiry of this period.

The warranty period for a Buyer who is not a consumer is 24 months.

The warranty certificate is issued upon the Buyer’s request. Proof of purchase is sufficient to execute a claim.

If the goods have a defect 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 remove the defect without undue delay.

However, the Buyer should not continue to use the item on which he has found a defect. In the case of defects that occur after purchase, they must be pointed out without undue delay after being discovered, and at the latest before the expiry of the warranty period. After the expiry of the warranty period, the right to claim also expires.

Wear and tear characteristic of the material or use shall not be considered a defect. It is not a defect if the nature of the item sold shows that its lifetime is shorter than the warranty period and if, in the normal use of such item, its total wear and tear occurs before the warranty period expires.

Instead of removing the defect, the Buyer may request replacement of the item or, if the defect relates only to a part of the item, replacement of the part if this does not incur disproportionate costs for the Seller in relation to the price of the goods or the severity 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. If there is any irreparable defect that prevents the item from being properly used as a flawless item, the Buyer has the right to have the item replaced or to withdraw from the contract. The Buyer holds the same rights if the defects are repairable, but the Buyer cannot use the item properly due to the reoccurrence of the defect after repair or due to a greater number of defects. If there are other irreparable defects, the Buyer is entitled to a reasonable discount on the price of the item.

Rights existing from liability for defects shall be exercised at the Seller’s registered office. However, if the warranty certificate indicates a warranty service that is in the Seller’s location or in a location closer to the Buyer, the Buyer shall exercise the right to repair in the warranty service. The warranty service is obliged to carry out the repair within 30 days at the latest.

If there is a replacement, the warranty period starts again from the receipt of the new item. The same applies if a part covered by the warranty is replaced.

The settlement of a claim means the completion of the claim procedure by handing over the repaired product, replacing the product, refunding the purchase price of the product, paying a reasonable discount on the price of the product, a written invitation to take over the performance or a justified refusal.

When a claim is filed, the Seller shall determine the method of handling the claim immediately or, in complex cases, no later than 3 working days from the date of the claim, and in justified cases, in particular if a complex technical evaluation of the condition of the product or service is required, no later than 30 days from the date of the claim. Once the method of handling the claim has been determined, the claim shall be handled immediately; in justified cases, the claim may also be handled later; however, the handling of the claim shall not take longer than 30 days from the date of forwarding the claim. After the expiration of the period for handling the claim, the Buyer has the right to withdraw from the contract or has the right to exchange the product for a new product.

If the Buyer has filed a claim on a product within the first 12 months of purchase, the Seller may only reject the claim on the basis of a professional assessment; regardless of the outcome of the professional assessment, the Seller shall not require the Buyer to pay the costs of the professional assessment or any other costs thereto related. The Seller is obliged to provide the Buyer with a copy of the professional assessment justifying the rejection of the claim within 14 days of the date of handling the claim. If the Buyer has made a claim for the product after 12 months from the purchase and the Seller has refused it, the Seller shall indicate in the claim document to whom the Buyer may send the product for professional assessment. If the product is sent to a designated person for professional assessment, the Seller shall bear the costs of this assessment and any other costs reasonably incurred in connection therewith, irrespective of the outcome of the expert assessment. If the Buyer proves the Seller’s liability for the defect by such professional assessment, the Buyer may refile the claim; the warranty period shall not expire while the professional assessment is being carried out. The Seller is obliged to reimburse the Buyer within 14 days from the date of refiling the claim for all costs incurred for the professional assessment as well as all related costs reasonably incurred.

A refiled claim cannot be refused.

The Seller is obliged to issue a confirmation to the Buyer when making a claim. If the claim is made by e-mail, the Seller is obliged to deliver the confirmation of the filing of the claim to the Buyer immediately; if confirmation cannot be delivered immediately, it must be delivered without undue delay, but at the latest together with the proof of the claim; the confirmation of the claim does not have to be delivered if the Buyer has the opportunity to prove the claim in another way.

Return of goods – withdrawal from the contract without providing a reason

The Buyer is entitled to withdraw from the contract without providing any reason within 14 days from the date of receipt of the goods. This right can only be exercised by a consumer (natural person).

The goods shall be deemed to have been accepted by the Buyer at the time when the Buyer or a third party designated by the Buyer (excluding the carrier) accepts all parts of the ordered goods, or if a) the goods ordered by the Buyer in a single purchase order are delivered separately, at the time of acceptance of the goods delivered last, b) the goods are delivered consisting of several parts or pieces, at the time of acceptance of the last part or piece, or c) the goods are delivered repeatedly during a specified period, at the time of acceptance of the first delivered goods.

The Buyer may withdraw from the contract, the subject of which is the delivery of the goods, even before the withdrawal period has started.

The Buyer may not withdraw from the contract, the subject of which is:

• the sale of goods made to the consumer’s specific requirements, custom-made goods or goods designed specifically for a single consumer,
• the sale of goods which, by their nature, may be inextricably mixed with other goods after delivery.

The Buyer may exercise the right of withdrawal in writing or on another durable medium (e.g. by e-mail), or by sending a completed form, which is available at www.orodian.com/odstupenie-od-zmluvy.docx.

The right of withdrawal can also be exercised by sending a withdrawal notice on the last day of the 14-day period.

Upon receipt of the withdrawal notice, the Seller shall return to the Buyer within 14 days at the latest all payments received from the Buyer under or in connection with the contract, including transport, delivery and postage costs and other costs and charges. The Seller shall refund the payment in the same manner as the Buyer used for payment. The Buyer may also agree with the Seller on another refund method.

The Seller shall not be obliged to reimburse the Buyer for additional costs if the Buyer has expressly chosen a delivery method other than the cheapest normal delivery method offered by the Seller. Additional costs means the difference between the cost of delivery chosen by the Buyer and the cost of the cheapest normal delivery method offered by the Seller.

Upon withdrawal from the contract, the Seller is not obliged to refund the Buyer before the goods are delivered to it or until the Buyer proves that the goods have been sent back to the Seller, unless the Seller proposes to collect the goods in person or through its authorised person.

The Buyer 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 time limit shall be deemed to have been observed if the goods have been handed over for carriage on the last day of the time limit at the latest.

In the event of withdrawal from the contract, the Buyer shall only bear the costs of returning the goods to the Seller or to the person authorised by the Seller to receive the goods, as well as the costs of returning goods which, by their nature, cannot be returned by post.

The Buyer is liable for any decrease in the value of the goods resulting from handling of the goods which goes beyond the handling necessary to establish the characteristics and functionality of the goods.

The Buyer has the opportunity to test the functionality of the goods after delivery, but cannot use the goods if he withdraws from the contract. In order to ascertain the nature, characteristics and functionality of the goods, the consumer should only handle and inspect the goods in the same way as he would be able to do in a brick-and-mortar shop. The Buyer is required to handle and inspect the goods with due care during the withdrawal period.

Alternative dispute resolution

The Buyer – the consumer – has the right to contact the Seller with a request for correction (e.g. by e-mail) if he is not satisfied with the way the Seller has handled his claim or if he believes that the Seller has violated his consumer rights. If the Seller responds to this request by refusal or fails to respond within 30 days of its dispatch, the consumer has the right to submit a proposal for the initiation of alternative dispute resolution to the alternative dispute resolution entity (ADR entity) under Act 391/2015 Coll. ADR entities are authorities and authorised legal entities under Sec 3 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 submit the application in the manner specified in Sec 12 of Act 391/2015 Coll.

Consumers can also lodge a complaint through the RSO’s alternative dispute resolution platform, which is available online at www.ec.europa.eu/consumers/odr/main/index.cfm

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 only applies to a dispute between a consumer and a Seller arising out of or relating to a consumer contract. Alternative dispute resolution applies only to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed €20. The ADR entity may require the consumer to pay a fee for the initiation of alternative dispute resolution up to a maximum of €5 including VAT.

Privacy Policy

The purpose of the processing of personal data is to use such data for the execution of the consumer contract, which the Seller concludes with the Buyer by creating an order in this online store. This consumer contract also constitutes the legal basis for the processing of the Buyer’s personal data. The provision of the Buyer’s personal data is a contractual requirement that is necessary for the conclusion of the contract. Providing personal data is a condition for making a purchase in the Seller’s e-shop. If the Buyer does not provide all the required personal data to the Seller, this may result in the purchase contract not being concluded.

When processing personal data, the Seller proceeds in accordance with Act No. 18/2018 Coll., on personal data protection, and processes only personal data necessary for the conclusion of a consumer contract.

The Seller processes the Buyer’s normal personal data.

The Buyer’s personal data is stored in the Seller’s information system for a period of 10 years.

The Buyer has the right and opportunity to update personal data online on the Website of the online store, in the customer section, after logging in, or in another form (by e-mail, in writing).

Personal data may be disclosed to our partners (intermediaries or third parties) for the purpose of order processing and related processes in accordance with applicable law. These partners include, for example, delivery companies, payment and billing system providers, accounting and IT firms.

For the purposes of advertising management and measurement (for example, conversion measurement), necessary data may also be provided to other partners. For example, when using enhanced conversions for the Google web service, the outputs of the hashing algorithm created by hashing the personal data of customers who have made a purchase in the www.orodian.com e-shop may be sent to this company.

The Buyer’s personal data is not disclosed.

The Seller may process personal data for marketing purposes (e.g. for sending newsletters or emails about news, discounts, promotions, etc.), without the Buyer’s prior consent. For this purpose, the Seller processes the necessary data, which are the given name, surname and e-mail address of the Buyer. If the Buyer does not agree with the processing of data for marketing purposes, the Buyer can express disagreement at any time, for example, by sending a message to the Seller’s email address with a request to unsubscribe from the newsletter or by clicking on the link provided in the email message. Personal data used for marketing purposes shall not be disclosed to third parties, nor shall such data be publicly disclosed.

The Buyer has the right to obtain confirmation from the Seller as to what personal data of the Buyer is processed in the Seller’s e-shop. The Buyer has the right to access such data and also to be informed for what purpose the data is processed, what categories of data are processed, to whom the personal data is provided, how long said personal data is stored, and whether there is automated individual decision-making, including profiling.

The first provision of the above personal data to the Buyer is free of charge. Repeated provision of personal data requested by the Buyer will be charged as an administrative fee of €5.

The Buyer may request the Seller to correct or complete incomplete personal data concerning the Buyer. The Buyer may request the deletion of his personal data or the restriction of the processing of such data. The Buyer may also object to the processing of personal data.

The processing of the Buyer’s personal data is also necessary for archiving purposes (for the fulfilment of the Seller’s obligations under Slovak law, e.g. the retention of accounting documents for 10 years). If the Buyer requests the deletion of personal data processed in connection with the purchase contract, his request may be refused.

The Buyer shall have the right to have the Seller restrict the processing of the Buyer’s personal data if the Buyer objects to the accuracy of the personal data for a period of time allowing the Seller to verify the accuracy of the personal data.

The Buyer has the right to obtain the personal data concerning him, which he has provided to the Seller in a structured, commonly used and machine-readable format. The Buyer has the right to transfer this personal data to another controller, if technically feasible.

The Buyer has the right to object if his personal data is processed for direct marketing purposes. He may also object if his personal data is processed for the purposes of the legitimate interest of the Seller.

If the Buyer suspects that his personal data is being processed unlawfully, he may file a petition with the Office for Personal Data Protection to initiate a personal data protection procedure.

The aforementioned privacy information also applies to pre-contractual relationships (i.e. registering in the e-shop for the purpose of a future purchase or, for example, requesting an enquiry, a quotation or information about the Seller’s goods and services).

In order to ensure the proper functioning of the online shop, the Seller may store small data files – cookies – on the Buyer’s device, thanks to which the online shop can store data about the activity and settings (e.g. login name, language, font size, etc.). The Seller’s online shop uses cookies to remember the Buyer’s user settings and for the necessary functionality of the online shop or for marketing purposes. The Buyer can delete all cookies stored on his device and, if necessary, set the internet browser on his device to prevent their storage. In this case, the Buyer may have to manually adjust some settings when revisiting the online shop and some services or features of the online shop may not be functional.