GENERAL BUSINESS TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND SERVICES

for the company EKOMA – design, a.s., with its registered office at Dlhé diely I 3454/6, 841 04 Bratislava – Karlova Ves district, Business ID: 47 131 705, Tax ID: 2023773554, VAT ID: SK2023773554, registered in the Commercial Register of the Municipal Court of Bratislava III, section SA, insert no. 5756/B

Article I.

Introductory provisions

1.1. These General Terms and Conditions for the Supply of Goods and Services (hereinafter referred to as the “GTC”) establish the general rules for the supply of goods or services or goods and services by EKOMA – design, a.s., with its registered office at Dlhé diely I 3454/6, 841 04 Bratislava – Karlova Ves district, Business ID: 47 131 705, Tax ID: 2023773554, VAT ID: SK2023773554, registered in the Commercial Register of the Municipal Court of Bratislava III, section Sa, insert no. 5756/B, on the basis of a purchase contract, a work contract or another kind of contract to which these GTC apply.

1.2. For the purposes of these GTC and contractual relationships to which these GTC apply, the term “Supplier” means the business entity EKOMA – design, a.s., with its registered office at Dlhé diely I 3454/6, 841 04 Bratislava – Karlova Ves district, Business ID: 47 131 705, Tax ID: 2023773554, VAT ID: SK2023773554, registered in the Commercial register of the Municipal Court of Bratislava III, section Sa, insert no. 5756/B.

1.3. For the purposes of these GTC and the contractual relationships to which these GTC apply, the term “Customer” means an entity that has concluded a contract with the Supplier, the subject of which is the delivery of goods or services or goods and services by the Supplier to the Customer, and which contains a clause, according to which the relations established by the contract are governed by the rules specified in these GTC.

1.4. If the Customer is a natural person who, when concluding the contract, does not act within the scope of his/her business activities, employment or profession, the person is considered a consumer (hereinafter also referred to as “Consumer”). Legal relations between the Supplier and the Consumer not expressly regulated by these GTC are governed by the relevant provisions of Act No. 40/1964 Coll., Civil Code (hereinafter referred to as “Civil Code”), as well as related regulations, in particular, Act No. 250/2007 Coll. on consumer protection (hereinafter referred to as the “Consumer Protection Act”).

1.5. The term Entrepreneur refers to: a person registered in the commercial register, a person who does business on the basis of a trade license, a person who does business on the basis of a license other than a trade license according to special regulations, or a person who carries out agricultural production and is registered in accordance with special regulation. For the purposes of the GTC, an Entrepreneur is also defined as a person who acts in accordance with the content of the previous sentence within the framework of his/her business activities. If a Customer enters his/her Business identification number (Business ID) in the order, he/she acknowledges that the rules specified in these GTC for Entrepreneurs apply to him/her. The legal relations of the Supplier with a Customer who is an Entrepreneur that are not expressly regulated by these GTC or the contract between the Supplier and the Customer are governed by the relevant provisions of Act no. 513/1991 Coll., Commercial Code, as amended (hereinafter referred to as the “Commercial Code”), as well as related legal regulations.

1.6. For the purposes of these GTC and the contractual relationships to which these GTC apply, the term “Contract” means a special purchase contract, a contract for work, or a contract concluded in a different way between the Supplier and the Customer, regardless of its form (written, oral, implied agreement). The subject of this contract is mainly the Supplier’s obligation to supply the Customer with goods or services, or the goods and services specified in this Agreement, and the Customer’s obligation to pay the Supplier the agreed price for these goods or services or goods and services. It contains a clause according to which the relations established by it are managed by the rules specified in these GTC, including all appendices. Such a Contract may or may not be concluded remotely. For the avoidance of doubt, it is stated that the Price Offer accepted by the Customer in accordance with the relevant provisions of these GTC is considered a Contract, the content of which is determined by the content of the accepted Price Offer and these GTC.

1.7. For the purposes of these GTC and the contractual relationships to which these GTC apply, the term “Contracting Parties” means the Supplier and the Customer, and the term “Contracting Party” means any of the Contracting Parties.

1.8. For the purposes of these GTC and the contractual relationships to which these GTC apply, the term “Third Party” means any third party other than the Contracting Parties.

1.9. For the avoidance of doubt, the Contracting Parties state that under the wording specifying that the subject of the contractual relations of the Contracting Parties under the Contract and these GTC is the delivery of “goods or services”, they understand that the subject of performance under the Contract, depending on the specification of the subject of performance contained in the Contract, is the regular or irregular continuous supply or one-time supply of either goods or services, or goods and services at the same time, while mostly, but not exclusively, these are services related to the supply and assembly of the supplied goods.

1.10. For the purposes of these GTC and the contractual relationships to which these GTC apply, the performance provided by the Supplier to the Customer will also be referred to as “Goods”, regardless of its nature, i.e., regardless of whether it is the delivery of goods, services, or goods and services at the same time.

1.11. While the specifics of the relationship between the Supplier and the Customer are mostly regarding, but not limited to, the specification of the Goods, the place of delivery of the Goods, the deadline for the delivery of the Goods, and the amount of the Supplier’s remuneration, which are determined in the Contract, its annexes, and otherwise marked components, these GTC contain the rules for the delivery of the Goods, which are common to all contractual partners of the Supplier to which these GTC apply.

1.12. The Supplier does not supply goods or provide services based on distance contracts or contracts concluded outside the Supplier’s premises.

Article II.

Information security and protection

2.1. When making a purchase, the Customer will provide the following data: first and last name/business name, permanent residence/headquarters, email address and telephone number, and in the case of a Customer who is not a Consumer, also the Business ID, Tax ID, and VAT ID. This data is necessary for the identification of the Customer and further communication for the purpose of delivering Goods.

2.2. The terms of processing personal data and the specifications of specific personal data are included on the website of the Supplier, ekoma.sk, in the section titled Protection of personal data.

2.3. As part of the claims procedure, the following information is required from the Customer: first name, last name, address, telephone number, email and signature or biometric signature. All personal data obtained in this way is processed exclusively for the purposes necessary for processing the claim and in accordance with Regulation of the European Parliament and the Council of the EU No. 2016/679 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation) and Act No. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws. The customer has the right of access to his/her personal data and the right to correct it, including the right to request an explanation and removal of errors, in addition to other legal rights to this data.

Article III.

Conclusion of the Contract

3.1. The Supplier as a seller/contractor generally concludes a Contract with a Customer as a buyer/customer on the basis of an email or telephone inquiry from the Customer or an offer from the Supplier.

3.2. Based on the Customer’s request or the Supplier’s offer in which the Customer has expressed interest, the conceptual design, if it has been developed, and the data provided by the Customer, the Supplier will prepare a price offer for the Customer (hereinafter also referred to as “Price Offer”), containing, in particular, the following:

3.2.1. the identification information of the Supplier (with at least the following information: business name, Business ID, Tax ID, VAT ID, and registered office) and the contact details of the Supplier (with at least the following information: telephone number, email address, designation of the responsible person); and

3.2.2. the identification information of the Customer – Consumer (with at least the following information: first and last name) and contact details of the Customer (with at least the following information: telephone number, email address and identification of the Customer – entrepreneur (with at least the following information: business name, Business ID, Tax ID, VAT ID (if it has been assigned) and registered office) and the contact details of the Customer (with at least the following information: telephone number, email address, designation of the responsible person); and

3.2.3. the specification of the type of goods and services, the quantity, the main characteristics, the serial number/serial numbers or other individualizing elements of goods and services; and

3.2.4. the unit prices of goods and services, the total price of goods and services, including VAT and all other taxes (hereinafter referred to as “Price”); and

3.2.5. the terms of payment; and

3.2.6. the place of delivery and delivery conditions, the delivery price and other costs associated with the delivery of the Goods; and

3.2.7. the date by which the Supplier undertakes to deliver goods and services; and

3.2.8. other facts, obligations, or information related to the sale and purchase of goods and services.

3.3. The Supplier will send the Price Offer to the Customer to the email address specified by the Customer in previous telephone calls or other types of communication. The Price Offer is valid for the period specified in it.

3.4. The Contract is concluded when the Customer confirms to the Supplier in written form that he/she accepts the Price Offer submitted by the Supplier. The Customer confirms the Price Offer in person at the Supplier’s premises. Confirmation of the Price Offer with an addendum to the Price Offer, a reservation to the Price Offer, or with a deviation from the Price Offer is not considered confirmation of the Price Offer; the submission of such confirmation with an amendment, reservation, or deviation does not result in the conclusion of a Contract between the Supplier and the Customer.

3.5. The Contract will not be concluded if, as a result of a failure of an information system, another technological failure or error, due to a mistake or otherwise, an incorrect purchase price of goods and services is published, or a Price Offer is sent with an incorrect purchase price of goods and services, i.e., an exceptionally low or high purchase price of goods and services or an otherwise incorrect purchase price of goods and services or other conditions of sale of goods and services that are incorrect for other reasons that do not correspond to the actual intention of the Supplier. In such a case, due to the failure of an information system, other technological failures or errors due to a mistake or another reason resulting in an error in the indication of the purchase price of goods and services or another error in the conditions of the sale of goods and services, the Contract will not be concluded and the Supplier is entitled to correct the error stated in the information system or in the Price Offer and notify the Customer of the error by indicating the correct value in its information system or in the Price Offer and to send the Customer a new Price Offer. The conclusion of the Contract will then only take place upon the re-acceptance of a new Price Offer, which will contain correct data about the purchase price of goods and services or about other conditions of the sale of goods and services by the Supplier. Acceptance of unsolicited performance by the Customer does not in itself mean the Contract is concluded.

3.6. By accepting the Price Offer, the Contract is considered to be concluded. The Customer also agrees that the obligation-legal relationship of the Contracting Parties established by the Contract and related to the Contract will be governed by these General Terms and Conditions, while the Customer also declares that before sending the acceptance of the Price Offer, i.e., before concluding the Contract, he/she familiarized himself/herself with the wording of the GTC by reading them, fully understanding their content and all conditions, and that he/she agrees with their content and the conditions contained in them. By accepting the Price Offer, the Customer confirms that he/she was aware that part of the Contract is the obligation to pay the price of the Goods and the costs associated with the delivery of the Goods.

3.7. The concluded Contract (including the agreed price) can only be changed or canceled based on the agreement of the Contracting Parties or on the basis of legal reasons, in accordance with these GTC in the event of a mistake on the part of the Supplier, or in the case that point 3.8 of this article of the GTC comes into effect.

3.8. In the event that measurement of the space is required for the delivery of Goods, the Supplier is entitled to unilaterally change the price to a different amount than what was in the Price Offer after it has been carried out, and the Customer agrees with this. In the event that there is an increase in the Price compared to the confirmed Price Offer by more than 5%, the Customer is entitled to withdraw from the Contract within 5 working days of the date of notification of such an increase by the Supplier, but is obliged to reimburse the Supplier for the proven costs incurred (in particular, but not exclusively, costs for the measurement of the space). In the event the Customer withdraws from the Contract in accordance with the previous sentence, the Supplier is obliged to return the paid deposit for the Price to the Customer within 5 working days of the submission of the withdrawal and is entitled to unilaterally offset the claim for reimbursement of demonstrably incurred costs against the Supplier’s claim for the return of the Price deposit.

Article IV.

Conceptual designs

4.1. For the purposes of these GTC, conceptual designs means the processing of 2D and 3D previews / visualizations of selected spaces with interior elements designed by the Supplier or specified by the Customer. The Customer acknowledges and agrees that the developed conceptual design is only approximate (it may differ in color or size from the final form). The specific material and color design of the interior elements offered by the Supplier depends on the Customer’s choice from the Supplier’s current offer.

4.2. If the Supplier and the Customer agree on the development of a conceptual design, the Customer is obliged to accept this proposal and pay the pre-agreed price for its development.

4.3. The Customer is obliged to submit an assignment for the development of a conceptual design in writing to the Supplier or to confirm the assignment written by the Supplier after a meeting with the Customer (hereinafter referred to as “Assignment”). The Assignment must include, in particular, a floor plan of the space (or the Customer can order the measuring of the space from the Supplier if he/she does not have such a floor plan), color, material and conceptual specification, and the budget for the project realization.

4.4. On the basis of the Assignment, the Supplier will submit a price offer to the Customer for the development of a conceptual design with the requirements according to Art. III. point 3.2 of these GTC.

4.5. The provisions of Art. III. points 3.3 – 3.7 of these GTC apply to the conclusion of a contract for the development of a conceptual design.

4.6. After confirmation of the Price Offer for the conceptual design (i.e., after the conclusion of the Contract), the Supplier will issue an advance invoice to the Customer in the amount of 100% of the Price and send it to the Customer’s email address. In the event that, after delivery of the conceptual design, the Customer orders typical or atypical furniture from the Supplier, the price for the conceptual design will be deducted from the total price of the delivered furniture (not from the price of assembly), but no more than 5% of the total price of the delivered furniture.

4.7. The time limit for processing the first version of the conceptual design will be indicated in the Price Offer, which begins with the approval of the Price Offer by the Customer and the payment of the agreed deposit (depending on what happens later).

4.8. The price for the conceptual design includes and allows the Supplier to submit three significant changes to the conceptual design. Changes to the layout of the space, the incorporation of new interior elements, or new fundamental requirements by the Customer that were not specified in the first assignment are considered to be significant changes.

4.9. The Supplier shall submit the final implementation of the design to the Customer within 2 weeks of the Customer sending comments on the first or subsequent version of the conceptual design. The stated deadline may be extended by the Supplier in the event of significant changes to the conceptual design, about which the Supplier shall immediately inform the Customer.

4.10. The Customer commits to commenting in writing about the conceptual proposal and submitting the comments within 7 days of receiving the conceptual design. Otherwise the final deadline for the implementation of the conceptual design is extended by the period during which the Customer delayed providing comments about the conceptual design.

4.11. The Supplier shall hand over the final version of the conceptual design to the Customer in paper or electronic form together with the delivery note, which the Customer undertakes to sign.

4.12. The provisions of this article of the GTC will also be used in the case of the construction design of an interior project. The Customer acknowledges and agrees that an interior construction project delivered to the Customer is not authorized as accurate construction drawings with precise measurements. Therefore it can only serve as a basis for the preparation of a price offer by the contractor or as a basis for the preparation of construction drawings by an authorized person.

4.13. In the event that this article of the GTC does not state otherwise, the provisions of art. III and V – XI of these GTC will be used for the delivery of the conceptual design.

Article V.

Rights and obligations of the Customer

5.1. The Customer has the right to the proper and timely delivery of ordered goods and/or services by the Supplier according to the conditions specified in the Contract, annexes to the Contract, and all other parts of the Contract.

5.2. The Customer undertakes to:

5.2.1. cooperate with the Supplier during the entire period regarding, in particular, but not exclusively, the approval of drawings or other documentation submitted by the Supplier for approval, within 3 days of its delivery at the latest. The customer expresses agreement with the documentation by signing the drawing documentation or by an email approving the sent document, based on which the Goods will be manufactured.

5.2.2. take over the purchased or ordered goods and services at the request of the Supplier within 5 working days at the latest; and

5.2.3. pay the Supplier the agreed Price in the agreed way, including the costs of delivery of goods and services and other possible costs associated with the delivery of goods and services that were agreed upon in the Contract; and

5.2.4. confirm the receipt of goods and services in the delivery note or acceptance protocol with a signature or the signature of an authorized person.

Article VI.

Rights and obligations of the Supplier

6.1. The Supplier has the right to the proper and timely payment of the Price for the Goods agreed upon in the Contract in the way specified in these GTC unless another method of payment of the purchase price has been agreed upon in the Contract. At the same time, the Supplier has the right to the reimbursement of costs related to the delivery of Goods.

6.2. The supplier undertakes to:

6.2.1. deliver the Goods to the Customer in accordance with the conditions specified in the Contract, annexes to the Contract, and all other parts of the Contract; and

6.2.2. proceed with the delivery of the Goods with professional care and deliver the Goods properly and on time, in accordance with applicable legal regulations; and

6.2.3. hand over to the Customer in written or electronic form, at the latest together with the Goods, all the documents necessary for taking over and using the Goods and other documents prescribed by the relevant applicable legal regulations or agreed upon by the Contracting Parties (e.g.. instruction manual, warranty card, delivery note, tax document).

6.3. The Supplier has the right to cancel the Price Offer before the conclusion of the Contract or to withdraw from an already concluded Contract in the event of Goods being sold out or out of stock, the unavailability of the Goods, finding that the Goods do not meet the relevant applicable legal regulations, or other conditions specified in the Contract or otherwise specified by the Customer or for other reasons related to the Goods and their delivery, the Supplier is not able to deliver the Goods to the Customer within the period specified by the Contract or subject regarding the fulfillment of other conditions specified by the Contract, or if the Supplier does not agree with the Customer on another alternative. The Customer will be informed in writing (including email) about the cancellation of the Price Offer or withdrawal from the Contract in accordance with this provision of these GTC, and in case of the payment of the Price or part of it, the funds will be returned within 5 working days of the cancellation of the Price Offer or from the withdrawal from the Contract according to this provision of these GTC unless the Supplier and Customer agree otherwise. Provision of Article VIII point 8.4 of GTC remains unaffected by this.

Article VII.

Purchase price and payment terms

7.1. The Customer is obliged to pay the Supplier the Price of the Goods agreed upon in the Contract, including the costs related to the delivery of the Goods specified in the Contract.

7.2. The Customer will receive the Goods at the Price that is valid at the time of the conclusion of the Contract (agreed upon in the Contract). A Customer who is a Consumer has the opportunity to familiarize himself/herself with the total price including VAT and all other fees (especially delivery costs) before confirming the Price Offer. This Price will be stated in the Price Offer. A Customer who is a Consumer has the opportunity to familiarize himself/herself with the facts about how long the offer or the Price remains valid before accepting the Price Offer.

7.3. The preferred method of payment of the Price, including the cost of delivery of the Goods, is payment in advance to the Supplier’s bank account based on an advance invoice issued by the Supplier and sent to the Customer’s email address. After confirmation of the Price Offer (i.e., after the conclusion of the Contract), the Supplier shall issue the Customer a 1st advance invoice in the amount of 70% of the Price and send it to the Customer’s email address.

7.4. In the case that the subject of the Contract is the delivery of Goods, where a substantial part of the fulfillment is the assembly of the Goods, the Supplier will simultaneously, along with the notification of the readiness of the Goods for delivery, also issue a 2^nd advance invoice in the amount of 20% of the Price. This will be sent to the Customer’s email address. The Customer agrees that the Supplier will proceed with the delivery and assembly of the Goods only after the Customer has paid advance invoices no. 1 and no. 2. After the delivery of the Goods, including assembly, the Supplier shall issue an invoice to the Customer for the remaining price of the Goods, including the costs of delivery of the Goods and other possible costs associated with the delivery of the Goods that were agreed upon in the Contract. This invoice is the final one (settlement invoice).

7.5. In the event that the subject of the Contract is the delivery of Goods, where a substantial part of the performance is not the assembly of Goods, the Supplier will, simultaneously with the notification of the readiness of the Goods for collection or delivery, ask the Customer to pay the Price of the Goods (reduced by the advance payment). Before the delivery of the Goods, the Supplier will issue an advance invoice to the Customer for the remaining 30% of the Price, including any costs for the delivery of the Goods, and send it to the Customer’s email address. In this case, the goods can only be taken over after the full payment of the Price. The Customer undertakes to take over the Goods and pay the agreed Price properly and on time. After the full payment of the Price and receipt of the Goods, the Supplier will issue a final invoice to the Customer.

7.6. The Customer agrees with the sending of invoices electronically. Electronic invoices will be delivered to the email address specified by the Customer when concluding the Contract in a format that guarantees the immutability of their content. The above does not exclude the delivery of invoices in paper form, which would usually be at the Customer’s request. The due date of individual advance invoices is 5 days from the date of their issue. The due date of the completed invoice is 15 days from the date of its issue. After sending the electronic invoice by email or handing over the paper invoice, the invoice is considered duly delivered and accepted by the Customer. If the Customer raises objections to the content or amount of the invoice, the Customer is obliged to inform the Supplier immediately upon receipt of the invoice, stating the reasons for it. The invoice must be paid on the due date at the latest. The Contracting Parties have agreed that they will not unnecessarily take steps aimed at delaying the payment of issued invoices. Individual invoices are considered paid on the day the relevant funds are credited to the Supplier’s account. In the event that the Customer and the Supplier do not agree otherwise, the stated invoicing and payment conditions also apply to the costs associated with the delivery of the Goods.

7.7. The Customer shall pay the Price for the Goods, including the costs of delivery of the Goods, to the Supplier’s bank account specified in the advance invoice. In order to speed up the identification of the Customer’s payment, the Customer shall mark the payment with the variable symbol indicated on the advance invoice.

7.8. The Customer undertakes to pay the Price on the basis of the advance invoice, including the costs of delivery of the Goods, within the period indicated on the advance invoice.

7.9. All delivery periods agreed by the Contracting Parties begin from the moment specified in these GTC exclusively under the condition the 1^st advance invoice is paid.

7.10. In the event that the Customer delays paying of any part of the Price, including the costs of delivery of the Goods, for more than 14 days, the Supplier is entitled to withdraw from the Contract.

7.11. The risk of damage to the Goods passes to the Customer at the moment when the Goods reach the Customer’s premises.

7.12. The Customer becomes the owner of the Goods, and ownership of the Goods is transferred to him/her only after the full payment of the Price. Non-payment of any part of the Price of the Goods is considered a breach of the Contract by the Customer and gives the Supplier the right to refuse to deliver the Goods to the Customer without any sanctions until demonstrable payment of the relevant part of the Price of the Goods is done.

7.13. In case of a delay in paying the invoice by a Customer who is an entrepreneur, the Supplier may claim interest on the delay in the amount of 0.05% of the owed amount for each day of the delay, max. up to 30% of the total Price of the Goods. If a Customer who is a Consumer is in arrears with the payment of the invoice, the Supplier may claim interest on the delay in the amount of five percentage points higher than the basic interest rate of the European Central Bank, and it will become valid on the first day of the delay in payment of the owed amount against the Customer, max. up to 30% of the total Price of the Goods.

Article VIII.

Delivery of Goods

8.1. The Supplier will deliver the Goods to the Customer within the period agreed upon in the Contract. The Customer acknowledges that the Goods may be delivered in parts. The Customer is obliged to take over Goods delivered in parts, as well as Goods delivered earlier, i.e., before the expiration of the deadline for the delivery of Goods that is specified in the Contract.

8.2 With Goods whose delivery does not require a measurement of the space, the deadline for the delivery of the Goods starts with the approval of the Price Offer by the Customer and the payment of the agreed deposit (depending on what happens later).

8.3. With Goods whose delivery requires a measurement of the space, the deadline for the delivery of the Goods starts from the day when the measurement is carried out. The Supplier undertakes to carry out a measurement of the space within 2 weeks of the approval of the Price Offer by the Customer and the payment of the agreed deposit (depending on what happens later), unless the Supplier and the Customer agree to carry out the measurement at a later date.

8.4. The deadline for the delivery of the Goods is extended by the duration of any delays on the Customer’s side, especially in the event of a delay in the approval of drawings or other documentation submitted by the Supplier to the Customer for approval or in the event of a delay on the part of the Customer in paying the second part of the Price.

8.5. The specific date of the delivery of the Goods (day and time) will be specified by telephone after the Goods are ready for delivery to the Customer, under the condition that the Customer has paid the second part of the Price.

8.6. If the Supplier finds out that it will not be able to meet the delivery date due to delays in deliveries by its subcontractors, interruptions, or stoppages of production, the Supplier reserves the right to extend the delivery period. At the same time, the Supplier is obliged to inform the Customer about this without unnecessary delay and at the same time notify the Customer of an alternative delivery date for the Goods. In the event that the Supplier extends the delivery time by more than 60 days for the above-stated reasons, the Customer is entitled to withdraw from the Contract. If the payment of the Price or part of it was carried out, the funds will be returned within 5 working days from the delivery of the written withdrawal. In the event that the extension of the delivery time is related only to part of the Goods or part of the subject of the order, the Customer is only entitled to withdraw from the Contract in relation to this part.

8.7. The Supplier will deliver the Goods to the Customer at the location agreed upon in the Contract.

8.8. When taking over the Goods, the Customer is always obliged to check the Goods carefully. The Supplier shall provide the Customer with adequate time for inspection. Subsequently, the Customer shall proceed without delay to sign the protocol on taking over the Goods, or the delivery note. In the event that the Customer finds a defect in a delivered item, he/she shall enter it in the record of acceptance of the Goods, and the contracting parties shall agree on the method and deadline for the removal of the defective item. Minor defects, which in themselves do not prevent the proper use of the Goods, are not a reason to refuse acceptance of the Goods. Defects reported later are subject to the Supplier’s Claims Procedure.

8.9. The goods are considered accepted at the moment when the customer or an authorized third party takes over the ordered Goods, or by signing the handover and acceptance protocol, or the delivery note. In the event that the Customer does not sign the acceptance protocol or the delivery note, or refuses to sign them, the Goods shall be deemed to have been accepted at the moment when they were demonstrably handed over in the Customer’s premises.

8.10. The Customer is obliged to arrive at the place of delivery of the Goods and take over the Goods at the agreed time, also at the request of the Supplier.

8.11. The goods can only be taken over after the payment of the second part of the Price. If the Customer does not pay the second part of the Price of the Goods within 14 days after the due date of advance invoice no. 2, the Supplier is entitled to withdraw from the Contract and subsequently place the Goods for sale to third parties. In such a case, the Supplier is entitled to the reimbursement of demonstrably incurred costs for the production and/or delivery of the ordered and not accepted Goods from the Customer. The Supplier is entitled to unilaterally offset the claim for the reimbursement of costs against the Customer’s claim for the return of a paid part of the Product Price.

8.12. When handing over the Goods to the Customer, the Supplier will take photographs of the delivered Goods, and the Customer agrees to this. In the event that the Customer does not agree to a photo of the Goods being published on the Supplier’s website and social networks, the Customer is obliged to notify the Supplier of this at the latest upon taking over the Goods.

Article IX.
Specific provisions

9.1. The Customer is expressly informed and understands that the color and shade of the delivered Goods may differ from the Goods displayed on the Supplier’s website (or sent by email to the Customer), as each display device reproduces colors in a different way. The Supplier reserves the right to reject a claim for Goods, regardless of the deadline, due to the fact that the color and shade of the delivered Goods differs from the one displayed on the Supplier’s website or is sent to the Customer by email. This also applies if the Customer has chosen a color and design personally, as the color of the sample may create a different impression than the color of the entire unit on the Product.

9.2. The Customer is expressly informed and understands that in the case of a combination of decors, colors, or materials from different manufacturers, as well as in the case of a combination of different materials at his/her request, the Supplier does not guarantee an identical color or decor design. The Supplier reserves the right to reject a claim for Goods, regardless of the time period, based on the reason that the decor or color design of the delivered Goods differs from the design of goods from another manufacturer or from a different material.

Article X.

Liability for Goods’ defects and warranty

10.1. Liability for defects in the Goods and the warranty conditions for the Goods are governed by the Claims Procedure of the Supplier and valid and effective generally binding legal regulations. The purchase receipt serves as a warranty card.

10.2. The cases referred to in sections 10.3 to 10.7 of these GTC are not considered as defects of Goods.

10.3. The Customer is explicitly informed and understands that the color and shade of the Goods supplied may differ from the Goods displayed on the Supplier’s website (or emailed to the Customer), as each display device reproduces colors in a different way. The Supplier specifically states that colors and patterns on electronic devices and smartphones may vary due to the resolution compared to reality, and it is therefore advisable to select colors and patterns in person at the Supplier’s premises. The Supplier is not responsible for any distortion of colors and/or patterns due to the displays on devices with displays. The Supplier reserves the right to refuse a claim for Goods, regardless of the time limit, for the reason that the color and shade of the Goods supplied differs from what is displayed on the Supplier’s website or emailed to the Customer.

10.4. The Customer is explicitly informed and understands that in the case of a combination of decors, colors or materials from different manufacturers, as well as in the case of a combination of different materials at the Customer’s request, the Supplier does not guarantee an identical color or identical decoration. The Supplier reserves the right to refuse a claim for Goods, regardless of the time limit, for the reason that the decoration or color finish of the Goods supplied differs from that of Goods from another manufacturer or Goods made of another material.

10.5. The Customer is explicitly informed and understands that it is not possible to have wood grain continuity for laminate decors. For Italian-made laminate decors, it is not possible to determine the orientation of the woodgrain drawing and to change the direction of the woodgrain drawing. In the case of laminate decors from Slovak producers, it is possible to determine the orientation of the wood grain for an additional fee at the Customer’s request, but it is not possible to determine the continuity of the wood grain.

10.6. The Customer is explicitly informed and understands that the drawing of laminate wood decor on commonly available samples does not show the exact appearance of the design on a larger format, and for this reason no claim can be accepted.

10.7. The Customer is explicitly informed and understands that for some manufacturers the veneer may be machine made, therefore the design may not continue. The veneer can be produced and applied by hand, but at an additional cost and only by selected manufacturers.

Article XI.

Alternative dispute resolution in the case of Consumers

11.1. A Customer who is a Consumer has the right to contact the Supplier with a request for correction (by email to the Supplier’s address that is specified in the Contract) if the Consumer is not satisfied with the way in which the Supplier handled his complaint or if he/she believes that the Supplier has violated his/her rights. If the Supplier responds negatively to this request or does not respond to it within 30 days from when it is sent, a Customer who is a Consumer has the right to submit a proposal to start alternative dispute resolution with the alternative dispute resolution entity (hereinafter also referred to as the “ADR entity”), in accordance with Act No. 391/2015 Coll. on the alternative resolution of consumer disputes and on amendments to certain laws (hereinafter referred to as the “Act on Alternative Resolution of Consumer Disputes”), ADR entities are authorities and authorized legal entities according to the provisions of § 3 of the Act on Alternative Resolution of Consumer Disputes. The proposal can be submitted by a Customer who is a Consumer in the manner determined according to the provisions of § 12 of the Act on Alternative Resolution of Consumer Disputes. The list of ADR entities can be found on the website of the Slovak Ministry of Economy www.mhsr.sk. A Consumer can also file a complaint through the ODR alternative dispute resolution platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm. Alternative dispute resolution can only be used by a consumer – a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his/her business activity, employment or profession. Alternative dispute resolution only applies to a dispute between a consumer and a seller, resulting from a consumer contract or related to a consumer contract. Alternative dispute resolution only applies to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed 20 EUR. The ADR entity may demand payment of a fee for starting an alternative dispute resolution from the consumer, up to a maximum of 5 EUR including VAT.

Article XII.

Final provisions

12.1. The Customer acknowledges and agrees that the rights and obligations between the Supplier and the Customer are governed by these GTC, the Complaints Procedure of the Supplier, and the relevant generally binding legal regulations.

12.2. These GTC come into force on the day of their issue.

12.3. In case of any differences between the GTC and the individual contract, the text of the Contract takes precedence.

12.4. By confirming the Price Offer, the Customer confirms that he has read these GTC and the Complaints Procedure of the Supplier, familiarized themselves with their content, and agrees with them in their entirety.

12.5. The Supplier is entitled to change the content of these GTC at any time and issue revised GTC.

In Bratislava, on 10.7.2023

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