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Business conditions

Published Last modification 18.04.2024 3120 Views 49 min

 

1.Introductory provisions

 

 1.1 The company PPG Group s.r.o., Opatovská cesta 14, 040 01 KoÜice, ID No.: 51 887 819, VAT No.: 2120835838, VAT No.: SK2120835838 (hereinafter referred to as "the Seller" or "PPG Group s.r.o.") is registered in the Commercial Register of the District Court Košice I, Section Sro, Insert No. 46297/V . PPG Group s.r.o., through a third party, operates a shopping web portal/web shop at www.exisport.com ( hereinafter also referred to as the "Shopping Portal" ). Through this portal, a third party ( hereinafter also referred to as the "Buyer" ) is able to browse the goods on the Shopping Portal. At the same time, subject to the terms and conditions set out in these general terms and conditions ( hereinafter referred to as "GTC" ) and subject to the acceptance of the order/purchase contract proposal by the Seller, this person has the option as a Buyer to purchase the goods selected by him.

 

 1.2 The Seller's electronic mail address is eshop@ppggroup.eu. Seller's telephone number +421 55 787 3303. Operating hours of the Seller's call center and complaints center: normal working days Monday to Friday from 09.00 -16.00, excluding weekends and public holidays. These details may be amended or updated at any time at www.exisport.com.

 

 1.3 These GTC govern the legal relations between PPG Group s.r.o. as the Seller and the Buyer who, in accordance with the GTC and in accordance with the procedure set out in the GTC, expresses an interest in purchasing goods on the website www.exisport.com. These legal relations between the Seller and the Buyer arising from the purchase, delivery of goods and claims for defects in goods are governed by the provisions of the relevant legislation of the Slovak Republic, in particular the Civil Code of the Slovak Republic and the Commercial Code of the Slovak Republic, depending on their content and the parties to the purchase. These GTC also regulate the obligations of the parties up to the moment of conclusion of the purchase contract on the basis of the registration of the buyer's person. The mutual relations of the Seller and the Buyer are also governed by the Complaints Procedure for the online shop www.exisport.com (hereinafter referred to as the "Complaints Procedure") referred to in clause 5. of the GTC.

 

 1.4 Purchase contract means a contract between the Seller and the Buyer, the subject of which is the purchase of goods presented on www.exisport.com, concluded pursuant to Article 2 et seq. GTC.

 

 1.5 The provisions of the GTC and the law regulating the rights of the consumer do not apply to the buyer who is not a consumer according to Act No. 250/2007 Coll. or who purchases goods for the purpose of business and not for personal consumption. This person is not entitled to the rights of a consumer under the applicable legislation. Liability for defects in goods and mutual relations between the seller and the buyer who is not a consumer are governed in this case by the provisions of the Commercial Code of the Slovak Republic.

 

 1.6 The indication "availability" displayed next to the goods item on the shopping portal cannot be interpreted as a time limit for delivery of the goods by the Seller. The indicated availability of the goods is only an indicative, non-binding estimate of the time expected for the Seller's available stock to sell out. It is not possible to show the Goods to the Buyer in advance, it is not always possible to take and accept orders and to carry out their delivery, if necessary, through a third party. Goods sold via the shopping portal are always limited by the Seller's current stock and reordering and/or delivery of goods after they have been sold out is not possible, even via another person. In certain cases, the Seller will not be able to deliver the Products or equivalent Products or arrange for delivery to be made by another Seller at that price, at a time and in a quantity that is reasonable in relation to the Product, the extent of the advertising of the Product and the price, in particular if an exceptional case has occurred pursuant to Article 2.15 of the GTC. Any such extraordinary event of impossibility of delivery shall always be notified to the Buyer in an appropriate manner and, in the case of a concluded contract, either party shall have the right to withdraw from the contract.

 

 1.7 Unless otherwise specifically stated on the shopping portal page, PPG Group s.r.o.'s advertising and competition promotions published via PPG Group s.r.o.'s advertising leaflets are valid exclusively for the sale of goods in EXIsport's retail networks and do not apply to the sale of goods via the www.exisport.com shopping portal.

 

2. Ordering goods / purchase contract / acts for conclusion of the contract

 

 2.1 The purchase of goods is carried out by issuing and sending an order by the Buyer in the Seller's shopping portal, provided that the Buyer's order must be approved (accepted) by the Seller in accordance with the GTC, otherwise the contractual relationship will not arise. If the order is accepted by the Seller in accordance with the GTC, the Seller shall deliver the ordered goods within the delivery period according to Article 4.1 of the GTC. Before the Buyer sends the order, the Buyer is notified and provided with information on the shopping portal and in the GTC according to special regulations, in particular according to ž 3 of Act No. 102/2014 Coll. The Buyer agrees to these terms and conditions by clicking the appropriate box before submitting the order on the portal. By submitting the order, the Buyer confirms that he/she has been informed that the submission of the order and the order includes the obligation to pay the price of the ordered goods. Not all goods depicted on www.exisport.com can be purchased. Goods marked as "Service Order" are service goods, the purchase of which must be confirmed by a service technician separately depending on the service required. Such goods can only be pre-ordered by the customer via the "Order Service" button, while payment for the service work and goods required for the service is made separately in agreement with the service technician.

 

 2.2 To be able to actively shop on the shopping portal or to participate in the Seller's advertising and competition activities, the Buyer must register at www.exisport.com in the registration section of the portal. Buyer registration can be done before or during the selection process. The person filling in the registration form is obliged to fill in the data according to the required fields of the registration form. By completing the registration form, the buyer simultaneously gives consent to the processing of his/her personal and other data in accordance with Article 7 et seq. GTC and the terms and conditions of the GTC. The Buyer is obliged to update these data immediately on the portal in case of change when sending the order, since their correctness, truthfulness and timeliness affect the delivery of goods to the Buyer. Required fields of the registration form are marked with "*". The Buyer is obliged to provide correct, complete and truthful information. Failure by the Buyer to comply with the above obligations shall be construed against the Buyer. The successful registration process is completed by assigning an access name and password, no special email is sent. The buyer is obliged to keep the access name and password generated in the registration process in a safe place and to protect it so that it cannot be misused.

 

 2.3 The Buyer views and selects the goods according to the goods categories listed in the left goods menu or by clicking on the displayed goods. For the goods, the Buyer selects the details according to the published ordering information and clicks on the "Add to Cart" button to add the goods to his/her order. If the buyer has completed the process of selecting the goods, he clicks on the "Order with payment required" button. Otherwise, he is entitled to return to the goods selection process by clicking on "Continue shopping".

 2.4 The process of creating the Buyer's order consists of 4 steps: a) selecting the goods b) selecting the method of payment, shipping and shipping price, c) agreeing to the terms and conditions, d) submitting the order by clicking on the "Order with payment due" button.

 2.5. In each of these steps the buyer follows the navigation instructions. The Buyer is obliged to provide complete, true and correct information necessary for the correct delivery of the goods. The Buyer is obliged to check the accuracy of the selected data and details in the process of ordering the goods before their final dispatch to the Seller.

 2.6 The application of any other terms and conditions of the Buyer set out in the Purchase Order, any other document, message or email of the Buyer that would be contrary to these GTC is expressly excluded.

2.7 The Buyer's order shall be deemed to have been dispatched if it is delivered to the Seller and if it contains all the required data - the name of the goods ordered, their quantity, price, delivery, billing address, e-mail and telephone contact details of the Buyer.

 2.8 Before sending the order to the Seller, the Buyer is always required to click and confirm that the

Buyer has read and agrees to the Seller's applicable GTC, considering them as part of the contractual relationship between the Seller and the Buyer. The process of issuing and sending an order by the Buyer cannot be completed without this action. Each order is assigned a registration number. When communicating with the Seller and when making payment, the Buyer shall also indicate the order number.

 2.9 The Buyer sends the order to the Seller via the shopping portal. This order is the Buyer's proposal to conclude a purchase contract under the terms and conditions of these GTC. The order is intended for acceptance by the Seller within 15 days of its receipt by the Seller. By sending the order to the Seller via the shopping portal, the Buyer expresses his/her will to be bound by his/her order during the aforementioned period, to purchase and accept the goods selected by him/her at the purchase price, in accordance with the terms and conditions of the GTC, subject to its acceptance by the Seller (hereinafter referred to as "sending of the order"). Upon receipt of the order, the Seller shall promptly confirm the Buyer's order electronically, i.e. inform the Buyer of the receipt and inclusion of the Buyer's order in the Seller's system. The electronic confirmation of the order is not an acceptance/acceptance of the order by the Seller pursuant to Article 2 of the GTC and does not give rise to a partial purchase contract.

2.10. Based on the agreement of the parties and in accordance with the GTC, the purchase contract between the parties is concluded if the Seller confirms the Buyer's order and at the same time if the Seller accepts the Buyer's order (i.e. agrees with the order) by a special e-mail or message addressed to the Buyer within the specified period of 15 days from the delivery of the order in accordance with the procedure set out in these GTC. The Seller shall execute the acceptance of the Buyer's order by sending an e-mail or a message to the Buyer. The Seller's acceptance e-mail shall state the fact of acceptance of the Buyer's order and, if applicable, the fact of dispatch of the goods ( for the GTC, hereinafter referred to as "order acceptance"). Acceptance of the order constitutes a contract of sale between the parties. Based on the agreement of the parties and these GTC, the Seller is obliged to fulfil the accepted order within the time limit pursuant to Article 4.1 of the GTC. In this order acceptance e-mail, the legally required consumer information, the Consumer's Instructions on the exercise of the right of withdrawal (PDF), the withdrawal form (PDF), or a link in the e-mail to these information and documents are sent to the Buyer at the same time. By activating this link in the email, the information and documents will be displayed to the buyer and the buyer has the right to save them.

 2.11. The consumer is also entitled to withdraw from the contract, the subject of which is the delivery of goods, before the withdrawal period has started.

 2.12. Change in order/conditions: if the Seller is unable to agree - accept the Buyer's order in its entirety ( e.g. 1 out of 4 items will be unavailable ) or if the Seller proposes to change it or to change the terms of delivery for other reasons, the Buyer will be informed of this fact by e-mail or other appropriate means. At the same time, the buyer will be asked to agree or disagree with the change. The Buyer shall be obliged to agree or disagree within a period of 2 days from the date of notification of the proposed change. During this period, the available items from the Buyer's order will be reserved for the Buyer. Only upon acceptance (approval) by the Seller of the proposed change in the order by the Buyer shall the contractual relationship between the parties be established. In the event that the Buyer does not accept the change within the above period in the manner specified, the Buyer's order shall be deemed cancelled in its entirety and the Seller's proposal for change shall be deemed not to have been accepted by the Buyer upon the expiry of the above period.

 2.13. The Purchase Contract between the Seller and the Buyer shall be concluded by the Seller's acceptance of the Buyer's order or by the Buyer's acceptance of a change order proposed by the Seller and executed by the Buyer. The Purchase Contract shall give rise to the obligation of the Seller to hand over the Purchased Item to the Buyer and to perform the obligations under the GTC. The Buyer shall be obliged to take over the object of purchase from the concluded contract, to pay the agreed price for it to the Seller and to fulfil the obligations under the contract and the GTC. The Seller shall fulfil the accepted order within the time limit according to Article 4.1 of the GTC.

 2.14. In special cases and before sending the acceptance, the Seller reserves the right to request the Buyer to supply additional necessary documents, data or to verify the accuracy of the Buyer's personal data, e-mail address or telephone number. Depending on the nature of the Buyer's order, the Seller is always entitled to request the Buyer to provide additional authorization of the order or the Buyer's identity in an appropriate manner, such as in writing, by e-mail, text message or telephone. If the Buyer fails to make the additional authorization in the manner and within the period requested by the Seller, the order ( before acceptance ) or the contract of sale ( after acceptance ) shall be cancelled from the beginning by the expiry of this period.

 

2.15. The Seller shall be entitled to withdraw from the Contract on the grounds that there have been such serious changes that have made it impossible to perform the Seller's obligations under the Contract or for reasons of force majeure, or if, even after making all efforts that may be fairly required of it, it is unable to deliver the Goods to the Buyer within the time limit specified in these General Terms and Conditions of Business. The Seller is obliged to inform the Buyer immediately of this fact and to refund the price already paid for the goods agreed in the contract within 14 days of the notice of withdrawal from the contract in the same manner as the Buyer paid the purchase price. The Seller is also entitled to withdraw from the Contract if it finds that incorrect, incomplete or false information has been given or provided to the Seller in the communication from the Buyer regarding the Buyer, the person taking over the goods or if there is a risk of damage to the Seller as a result of the conduct of the person with whom the Seller has communicated.

(e.g. fraudulent conduct). The seller has the right to withdraw from the contract in the event of technical errors in the online shop that cause inadequate price changes or incorrect labelling of goods with marketing campaign elements. As the technical solution of the e-shop uses several external technical solutions, the Seller has the right to withdraw from the contract in the event of a technical failure of the external solution that causes incorrect information to the Buyer.

The Seller has the right to withdraw from the contract in the event of a misstatement of the price of the goods. Such cases are in particular, but not exclusively:

2.15.1 The price of the goods is obviously incorrect at first sight (e.g. it deviates significantly from the usual price of the goods).

2.15.2 The price of related services such as transport, extended warranty insurance, etc., is manifestly incorrect, the price of the goods is missing or has one or more extra digits, or the discount on the goods exceeds 50% without the goods being part of a special marketing campaign or sale.

2.15.3 In these cases, PPG Group Ltd reserves the right not to conclude the contract or to withdraw from such contract after you have already received an e-mail confirming the order. We must inform you of such action without delay.

2.15.4 In the event that the discount on the goods reaches 80% or more, we recommend that you check whether there has been an error in the pricing by contacting us by email, because even for goods with an apparent incorrect price, information will automatically appear that the goods are discounted or on sale, etc.

2.15.5 The price of goods in local currency is apparently incorrectly calculated at the incorrect exchange rate against the EUR prices listed on www.exisport.com

2.16. The Seller has the right to cancel the order if the order amount has not been paid properly, on time and in the agreed manner. If the Customer has chosen "CardPay, Apple Pay & Google Pay" or "TatraPay" as the method of payment for the order amount, the Customer is obliged to pay the full amount of the order within 48 hours from the dispatch of the order (paragraph 2.9 of this Article).  If the customer fails to pay the order amount within 24 hours of the order being placed, the customer will be notified by e-mail that the order amount has not yet been paid and will be sent a web address (link) with the details for payment of the order amount together with the notification. If, despite the notification under the previous sentence, the customer does not pay the order amount, the order will be cancelled after 48 hours from the time the order was sent and the customer will be sent information about the cancellation of the order due to non-payment of the order payment. If the customer has chosen "Payment by bank transfer" or "Pay by bank transfer using QR code" as the payment method for the order, the customer is obliged to pay the full amount of the order within 7 days after the order has been dispatched.  If the customer fails to pay the order amount within 3 days of the order being placed, the customer will be notified by e-mail that his/her order has not yet been paid for and will be sent a web address (link) or QR code with the details for payment of the order amount together with the notification. If, despite the notification under the previous sentence, the customer does not pay the amount for the order, the order will be cancelled after 7 days from the date of dispatch of the order and the customer will be sent information about the cancellation of the order due to non-payment of the payment for the order. The customer is informed of the cancellation by e-mail.

2.17. The Buyer is entitled to unilaterally withdraw from the contract in the period from the conclusion of the contract until delivery of the goods. The buyer's withdrawal options after receipt of the goods are set out in the GTC and in the law. The GTC is also accompanied by the Instructions on the exercise of the consumer's right of withdrawal as well as the Sample Consumer Withdrawal Form. These documents can be downloaded from the following address/link. The Seller hereby provides the Consumer with the Instructions on the exercise of the consumer's right of withdrawal and the Sample form for the consumer's withdrawal from the contract upon delivery of the goods at the conclusion of the contract.

 2.18. Neither the Buyer nor the Seller shall be entitled to assign a claim arising from mutual relations to a third party.

 2.19. Prior to the dispatch of the order, the Buyer is entitled to perform the acts and use the technical means described in Articles 2 and 3 of these GTC in order to conclude the contract, detect or correct technical defects.

3. Purchase price and payment terms

 3.1 The Buyer is obliged to pay the Seller the purchase price and the price of transport for the goods according to the order accepted by the Seller (the concluded contract). When creating the order, these items are also listed in total (the sum of the price of the goods and the transport). The price of the goods on the portal is listed with VAT, unless it is stated that it is a price without VAT. VAT is applied to the delivery of goods and services in accordance with the law. Prices in stores and the online shop may vary depending on the promotions currently in force in brick-and-mortar stores or on the Internet.

Special prices, vouchers and coupons. Specific promotions are listed at the link.

In general.

The promotion does not apply to goods marked "OTHER PROMOTIONS DO NOT APPLY TO THIS GOOD - LAST PIECES ON OFFER."

Loyalty prizes. Valid only for loyal customers who have registered in the PPG Group s.r.o. loyalty system. The loyalty price is generally less than or equal to the current selling price. PPG Group s.r.o. reserves the right to change loyalty prices according to current store conditions. Additional promotions and discounts do not apply to loyalty priced merchandise.

Individual price adjustment of goods: "Match the price of competitors - Send us a link to the same goods at a LOWER price and we will prepare our adjusted offer".  PPG Group. s.r.o. can suggest a price adjustment for the goods.  PPG Group s.r.o. reserves the right to set a price different from the competitor's price. By sending a link to goods at a lower price, the customer does not automatically receive the same price for the goods.

*Conditions of the promotion - Each marketing promotion has specific conditions, which are written in the "*Conditions of the promotion" section. The marketing label is a graphic element placed on the product card of the goods.  If the goods are marked with a marketing label, the promotion applies only to the goods marked with the marketing label. Promotions cannot be combined with other promotions and discounts or applied to goods that do not have the marketing label of the relevant promotion.

PPG Group s.r.o. within its marketing channels reserves the right to present offers (banners, videos, articles, links, etc.) of its marketing partners .

 

 3.2 The purchase price of the goods does not include bank charges for the payment of the purchase price, the cost of transporting the goods, the cost of cash on delivery, the cost of delivery of the purchased goods according to point 4 of the GTC, the cost of using electronic means of communication. These fees and costs are payable by the Buyer, unless otherwise specified below. When paying from abroad, the buyer as the payer is obliged to bear the fees of his bank and other fees, in particular those of the correspondent banks and the bank of the payee.

 

 3.3 Method of payment of the purchase price, the cost of transport of the goods ( the method of payment is selected by the buyer in the process of ordering the goods on the shopping portal and is specified in the order with the quantification of the cost ):

3.3.1 cash on delivery ( cash on delivery ) - the purchase price and the cost of cash on delivery and transport of the goods are indicated in the shopping cart in the process of ordering the goods,

3.3.2 cash deposit to the seller's account - the purchase price and shipping costs are indicated in the shopping cart when ordering the goods,

3.3.3 cashless payment to the Seller's account at the time of order creation or after order acceptance - the purchase price and shipping costs are indicated in the shopping cart when ordering the goods.

When paying, it is necessary to indicate the buyer's order number as a variable symbol. The Buyer's incorrectly indicated variable symbol during payment results in incorrect settlement of the purchase price and the Buyer bears all risks associated with this and the Buyer is in default of the obligation to pay.

 

 3.4 Maturity of the Purchase Price:

 a) when opting for cashless payment or cash payment by deposit to the Seller's account: the Buyer is obliged to pay the Seller the Purchase Price no later than 2 days from the date of conclusion of the Contract and prior to taking delivery of the Goods in the manner provided for in Article 3. GTC; the buyer is entitled to pay already when issuing and sending the order to the seller, with the payment being perceived as an advance payment of the purchase price and the cost of transport of the goods, however, the buyer is recommended to pay only after the acceptance of the order by the seller ( conclusion of the contract ),

b) for cash payment upon delivery of the goods on delivery: the buyer is obliged to pay the purchase price and the cost of transport to the seller no later than upon delivery of the goods to the buyer.

Cash on delivery price:

Price for cash on delivery 2 EUR

Price for advance payment

by credit card (CardPay, TatraPay, Apple Pay, Google Pay) - FREE

payment by QR code - FREE

transfer to account –  2EUR

3.5 Bank charges for the payment of the purchase price and transport costs by the Buyer shall be governed by the contract between the Buyer and the Buyer's bank. The Buyer is advised that information on the shipping costs of the goods is clearly stated in the ordering process and depends on the choice of carrier/delivery service/delivery method. The cost of using electronic means of communication is governed by the contract between the Buyer and his/her internet connection provider or his/her electronic communication service provider, as the case may be.

 3.6 The Seller shall issue and deliver an invoice to the Buyer in accordance with the applicable laws of the Slovak Republic. By sending an order, the Buyer agrees that the invoice shall be sent together with the goods or made available to the Buyer electronically. The invoice is sent together with the goods and the invoice is also the delivery note and the warranty card, unless a separate warranty card is delivered. A separate delivered warranty certificate can be confirmed by the Seller at the request of the Buyer and at the EXIsport shop within 7 days from the date of delivery of the goods to the Buyer.

 3.7 Withdrawal from the concluded contract shall be in accordance with the law and the GTC. If the purchase price has been paid before the conclusion of the contract and the contract is not concluded even within 15 days from the delivery of the Buyer's order, the purchase price shall be refunded to the Buyer no later than within 14 days from the date of delivery of the Buyer's order or within 14 days from the date of the Buyer's order rejection or order cancellation, whichever is earlier. The refund of the purchase price shall be made to the account from which the payment was received, or in any other manner agreed between the parties. Before refunding the price paid, in case of doubt, the Seller shall be entitled to require the Buyer to prove that he is the owner of the account and/or the legitimacy of the receipt of the money. funds. If the Seller is obliged to refund the Purchase Price to the Buyer and the Goods have already been delivered to the Buyer, the Seller shall refund the Purchase Price to the Buyer upon return of the Goods to the Seller.

4. Delivery of the goods, delivery terms and delivery costs

 4.1 The Seller shall deliver the Goods to the Buyer within 14 days from the date on which the contract between the Seller and the Buyer is concluded in accordance with these GTC. The Seller shall deliver the Goods to the Buyer at the address indicated by the Buyer when placing the order (exclusively in the territory of the countries in the European Union) and exclusively to the person who is indicated as the Buyer. Delivery or delivery of the goods to a person other than the Buyer is not possible without the specific prior written consent of the Seller and the documents required by the Seller. For this reason, it is essential that the Buyer correctly states his/her identification details when ordering the goods and the details for the delivery of the goods. Delivery of the goods outside the EU or to another person without authorization to receive the goods is not possible. The delivery agent is entitled to ascertain and verify with the person taking delivery by appropriate means whether that person is the purchaser and whether he is authorised to take delivery of the goods. If the circumstances so require, the seller and the buyer may agree on an extension of the delivery period or on a substitute performance of the same quality and price.

 

Price of transport services Slovakia - delivery method courier GEIS, SPS - Slovak Parcel Service, DPD

* Order up to 69Ç - shipping price 3,99 EUR

* Order over 69Ç - FREE shipping

Price of transport services in EU countries

* Delivery of the order to the Czech Republic - price for shipping 8,00 EUR

* Delivery to other EU countries - shipping cost 20,00 EUR (only packages up to 10kg)*

* We ship only inside EU - shipping is 20 EUR per order (maximum weight 10kg)

 

 4.2 Delivery of the goods to the buyer is only possible if the purchase price and the transport price for the delivered goods are paid. Otherwise, the Seller or the carrier/delivery agent shall be entitled not to deliver the goods and the Seller shall not be in default of delivery. The Buyer is obliged to duly accept the goods from the carrier/delivery agent within the scope of the order accepted by the Seller. The Buyer shall acquire ownership of the goods only upon payment of the purchase price of the goods, the freight price and subsequent acceptance of the goods.

 

 4.3 The method of delivery of the goods shall be selected by the Buyer on the shopping portal, in the process of ordering the goods from the options offered by the Seller. In principle, delivery of the goods by a freight forwarding company or by a postal company is possible and the shipping price is specified in the order.

 

 4.4 In certain cases, the Seller is entitled to change the method of transport of the goods selected by the Buyer to another offered method of transport before the acceptance of the order. In this case, the Buyer will be informed of this fact in writing, will be proposed to change the order, the terms of the contract according to Article 2 of the GTC and will be informed of the change in the shipping costs. The change in transport costs due to a change in the method of transport will not be to the disadvantage of the buyer.

 

 4.5 The Buyer is advised that the Seller is also entitled to deliver the Goods by several separate deliveries, provided that the price of carriage as for the acceptance of the order ( i.e. several carriages are charged only for the price of one carriage )

shall also apply for such separate deliveries of the Goods.

 

 4.6 The Seller, the shipping company or the delivery service is entitled to notify the Buyer of the delivery of the goods by e-mail, sms message or any other appropriate form ( e.g. by telephone ). The Buyer agrees that the Seller shall provide the Buyer's details to the shipping/freight forwarding company or the delivery service. The Buyer is obliged to be reachable at the address given by him at the time of the notified delivery of the goods.

 

 4.7 On receipt of the goods, the Buyer shall, without being asked, prove his identity to the carrier by means of valid identity documents ( ID card or passport ). These documents must show the identity of the Buyer and the authorisation to take delivery of the goods. Otherwise, the goods may not be handed over by the seller/carrier.

 

4.8 If the Buyer wrongfully refuses to take over the goods or repeatedly fails to take over the goods, the Seller shall be entitled to claim against the Buyer all costs incurred in this respect.

 

 4.9 The Seller shall be entitled to unilaterally and at its own discretion internally determine the value of the order at which the Buyer no longer pays the price for the carriage of the goods. The fact of payment or non-payment of the freight price by the Buyer shall be displayed in the order at www.exisport.com. The Seller is entitled to unilaterally change and modify the value of the order (concluded contract) for which the Buyer does not pay the freight price without the need to specify the change in these GTC. This change does not affect the concluded contracts.

 

 4.10. Upon receipt of the goods, the Buyer is obliged to check the integrity of the packaging and the completeness of the delivery, in particular the number of transport packages ( parcels / parcels ). In the event of any apparent defects found in connection with the transport and the goods, the Buyer is obliged to notify the carrier and the Seller immediately, at the latest within 12 hours. The Buyer is obliged to indicate on the transport document any obvious damage to the consignment and any damage to the packaging. If the transport package is provided with the original EXIsport tape, which is damaged, or if any other damage to the packaging of the package or shipment is detected, the Buyer is obliged not to accept the shipment from the carrier/delivery agent. By signing the acceptance report, the buyer confirms that the consignment has been received intact. If the buyer does not object to the non-delivery of the goods and the non-delivery of the documents delivered with the goods within 12 hours of delivery of the goods, it shall be presumed, on the basis of the confirmed delivery and shipping notes, that the goods have been duly delivered to the buyer, unless the contrary is proven by evidence.

4.11. The Buyer shall notify the Seller of any damage to the Goods by e-mail or other appropriate means without undue delay after receipt of the Goods, or without undue delay after discovering the damage, but no later than the expiry of the warranty period.

 

 4.12 The Seller shall promptly inform the Buyer of the impossibility of delivery of the Goods, as well as in cases of force majeure or reasons for which the Seller or the carrier/delivery agent is not responsible. In this case, the Seller shall offer or provide the Consumer with an alternative performance and proceed according to the GTC and the law.

 

 4.13. Personal collection of the goods at the EXIsport store is only possible if the ordered goods are available at the store. Delivery of goods to EXIsport stores is not possible. The Buyer is obliged to immediately complain about obvious defects in the goods.

 

4.14. Personal collection. Goods purchased at www.exisport.com with the possibility of personal collection at the store can also be paid by COD. The exact procedure can be found on this link. Payment by Cash on Delivery can be made by card or cash at the selected store.

1. Payment by card. In the event of a return, the value of the goods will be refunded to the relevant payment card. This process may take several days depending on the financial service provided by the credit card issuer.

2. Payment by cash. In the event of a return, the value of the goods will be refunded in cash immediately.

For correct identification of the buyer, it is necessary to provide a permanent invoice number for the specific order when collecting in person.

 

 

5. Warranty, Complaint Conditions and Complaint Procedure

 

 5.1 The provisions of this clause do not apply to a buyer who is not a consumer and or persons purchasing goods for the purpose of business and not for the purpose of personal consumption of natural persons; liability for defects in goods in this case is governed by the provisions of ž422 et seq. Commercial Code. The Seller handles consumer complaints in accordance with the legislation of the Slovak Republic, in particular Act No. 250/2007 Coll. as amended, the Civil Code of the Slovak Republic and applicable legislation.

 

 5.2 For all goods purchased on the basis of civil law relations, the warranty period in accordance with the legislation of the Slovak Republic is normally 24 months, unless the legislation of the Slovak Republic provides for a shorter period for certain types of goods. The warranty period starts from the date of receipt of the goods by the buyer. The Seller shall be liable to the Buyer-consumer for defects in the goods pursuant to Sections 623 and 623 of the Civil Code.

 

 5.3 The duration of the warranty period is based on the legislation of the Slovak Republic. If a period of use is indicated on the sold item, its packaging or the instructions attached to it, the warranty period shall not expire before the expiry of this period.

 

 5.4. The warranty does not cover defects and damages arising from: in connection with normal wear and tear, the actions of the purchaser or a third party after the purchaser has taken delivery of the goods, unprofessional, careless handling, excessive load, mechanical damage or wear and tear, use of the goods contrary to their instructions or purpose of use, or failure to comply with the rules of use, maintenance or storage, natural disasters, improper or incorrect assembly or installation or storage, as a result of failure to carry out periodic maintenance and service inspections (if specified in the user manual) for goods in the category of skis, roller skates, bicycles and fitness equipment.

 

 5.5 The Buyer's warranty shall also expire if the seal is removed from the Goods or if the Goods are tampered with.

 

 5.6 The Buyer may make a claim: in person at any EXIsport store in the whole territory of the Slovak Republic by presenting the goods and the proof of purchase, by sending the goods together with other required documents (especially the proof of purchase) to the central claims department of PPG Group s.r.o. at the address Opatovskß cesta 14, 040 01 KoÜice.

 

 5.7 The Buyer shall enclose a legible original or a copy of the proof of purchase of the goods to the claimed goods, detailing the description of the defect and the manner in which the defect is externally manifested. The goods are to be delivered in a clean condition and with the accessories supplied with the goods.

 

 5.8 The Seller shall issue a receipt to the Consumer when a claim is made. It is not possible to assess the claim without the goods being presented or without a copy of the proof of purchase.

 

 5.9 The Seller shall handle consumer complaints in accordance with the legislation of the Slovak Republic, in particular Act No. 250/2007 Coll. as amended, the Civil Code of the Slovak Republic and applicable legislation. If it is a defect that can be removed, the buyer has the right to have it removed free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay. Instead of removing the defect, the Buyer may require 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 a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defect, the buyer has the right to have the thing replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defects are remediable, but if the buyer cannot properly use the goods because of the recurrence of the defect after repair or because of a greater number of defects. If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the item.

 

 5.10. The Seller shall issue a proof of complaint handling no later than within 30 days from the date of the complaint in accordance with the Consumer Protection Act and legal regulations. The Buyer acknowledges and agrees that proof of the claim and the handling of the claim shall be delivered to the Buyer in accordance with the law. At the end of the complaint procedure, as well as upon the Seller's request, the Buyer is obliged to collect the claimed goods from the Seller within 15 days, if the complaint has been settled by way of repair, discount, exchange of goods ( new goods ) or rejection of the complaint. Consumer complaints and complaints can be addressed to the address of the Seller's registered office.

 

 5.11. If the Buyer does not take possession of the goods even within 30 days after the complaint has been settled or within 30 days after the goods have been redelivered to the Buyer or does not take possession of the goods within the same period of time after the Seller's call has been sent to the contact address provided by the Buyer, the Seller shall be entitled, in accordance with the law, to demand from the Buyer a performance fee of 0.33Ç for each day of storage.

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5.12. The Buyer - consumer - has the right to contact the Seller with a request for redress (by e-mail to - eshop@ppggroup.eu) if he is not satisfied with the manner in which the Seller has handled his complaint or if he believes that the Seller has violated his rights. If the Seller responds to this request in a negative manner or fails to respond within 30 days of sending it, the consumer has the right to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity (hereinafter referred to as ADR entity) pursuant to Act 391/2015 Coll. ADR entities are authorities and authorised legal persons pursuant to ž3 of Act 391/2015 Coll. The consumer may submit a proposal in the manner determined pursuant to ž12 of Act 391/2015 Coll.

 

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

 

5.13 The goods depicted on the web shop website may differ from the goods actually delivered. Photographs and descriptions of goods are taken from suppliers of PPG Group Ltd. The supplier of the goods, not the operator of the web shop www.exisport.com, is responsible for any differences found. Such goods cannot be claimed. The customer may return the goods according to the terms and conditions. 

 

6. Return of goods - withdrawal from the contract

 

 6.1 Instructions on the consumer's right to withdraw from the contract / exercise the right of withdrawal.

 The buying consumer has the right to withdraw from the contract without giving any reason within 14 days. The withdrawal period expires after 14 days from the date on which the goods are received by the consumer purchaser or a third party appointed by the consumer purchaser, with the exception of the carrier. If the goods are delivered separately, the withdrawal period shall expire 14 days after the date on which the goods which were delivered last are taken over by the purchasing consumer or a person designated by him, with the exception of the carrier. When exercising the right of withdrawal, the Buyer Consumer shall inform the Seller of his/her decision to withdraw from this Contract by an unequivocal statement (e.g. a letter sent by post) to PPG Group s.r.o., Opatovská cesta 14, 040 01 Košice, Slovak Republic. In the event of withdrawal from the contract, we ask customers who have collected the goods ordered in the e-shop at a specific brick-and-mortar outlet of the Seller to return the goods to that brick-and-mortar outlet as a matter of priority. Alternatively, the goods can also be returned by post to the Seller's address. Returns are not possible at any other brick-and-mortar outlet of the Seller.

Customers who have ordered goods delivered by a postal carrier are entitled to return the goods exclusively by sending them back to the address of the Seller - PPG Group s. r. o., Opatovská cesta 14, 040 01 Košice - Vyšné Opátske.

For this purpose, the Buyer Consumer may use the sample withdrawal form sent to the Buyer or made available on the Seller's website/purchase portal. The withdrawal period is preserved if the Buyer Consumer sends a notice of exercise of the right of withdrawal before the withdrawal period has expired. Further conditions are regulated in Act No. 102/2014 Coll. Upon withdrawal from the contract, the seller shall return to the consumer buyer all payments that the seller is obliged to return under the legislation. This does not apply to additional costs if the buyer-consumer has chosen a delivery method other than the cheapest normal delivery method offered by the seller. Payments shall be refunded by the Seller to the Buying Consumer without undue delay, at the latest within 14 days of the date on which the Buying Consumer receives the Buying Consumer's notice of withdrawal from this Contract. They shall be refunded in the same way as was used for the original payment by the Buying Consumer ( unless otherwise specifically agreed, and without charging any additional fees). The consumer purchaser is advised to indicate in the withdrawal the bank account number to which the refund is requested. Payment for the purchased goods will be refunded to the Buyer Consumer only upon delivery of the returned goods back to the Seller's registered office address or upon presentation of a document proving that the goods have been sent back, whichever is sooner. The goods must be delivered back to PPG Group s.r.o., Opatovská cesta 14, 040 01 Košice, Slovak Republic, no later than 14 days from the date of exercising the right of withdrawal. The time limit is deemed to have been observed if the goods are sent back before the expiry of the 14-day period. The direct costs of returning the goods shall be borne by the buyer-consumer, in the case of a distance contract, also the costs of returning goods which, due to their nature, cannot be returned by post. The buyer-consumer shall be liable for any diminution in the value of the goods resulting from handling them in a manner other than that necessary to establish the nature, characteristics and functionality of the goods. The Buying Consumer may not withdraw from the contract in cases pursuant to Section 7(6) of Act No. 102/2014 Coll.

 

 The goods must be returned undamaged, unused, without signs of wear and tear and in the original packaging with proof of purchase. The Seller will inspect and test the returned goods. If the goods have been returned to the Buyer undamaged and unworn, the Seller shall refund the purchase price paid for the goods to the Buyer in accordance with the GTC and the law. Subject to this agreement, the purchase price shall be refunded by bank transfer to the buyer's original consumer account, unless otherwise agreed by the parties.

 

In case of withdrawal from the contract (return of goods), which has been paid for with discount coupons or vouchers purchased on www.zlavomat.sk or www.slevomat.cz , the Seller is obliged to verify the validity of the code or voucher.  The Buyer is obliged to allow an urgent time to verify the validity of the codes and vouchers. If the discount codes or vouchers are not valid (they have not been used for a purchase on the EXIsport network) the Seller is not obliged to reimburse the Buyer for the purchase price of the discount codes or vouchers. The Seller may refund the price of discount codes and vouchers only after the physical return of the goods to PPG Group s.r.o., Opatovská cesta 14, 040 01 Košice, Slovak Republic and the proof of purchase of the discount codes or vouchers. The Seller will only reimburse the actual price paid for the discount codes or vouchers so purchased. If the Buyer requests a refund for unused discount codes or vouchers, it shall do so exclusively with the service provider www.zlavomat.sk or www.slevomat.cz . PPG Group s.r.o. assumes no responsibility for the sale of services on the portals www.zlavomat.sk or www.slevomat.cz, which are governed by the terms and conditions of third parties.

Verification of the vouchers is possible at https://www.zlavomat.sk/kontrola-platnosti-voucheru and https://www.slevomat.cz/kontrola-platnosti-voucheru .

 

 6.2 The Buyer is only liable for any reduction in the value of the Goods resulting from handling of the Goods which is beyond the handling necessary to ascertain the characteristics and functionality of the Goods.

6.3 Subject to agreement between the Seller and the Buyer and in accordance with these GTC, the Buyer shall not be entitled to withdraw from the contract of sale without giving any reason in any of the following cases:

(a) the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery.

(b) the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery.

(c) the sale of goods which, because of their characteristics, cannot be returned. Such goods are, for example, impregnating and cleaning products, shoe care products, underwear, swimwear.

 6.4 In the event of a breach of the conditions for withdrawal from the contract or the proper return of the goods, the Seller shall be entitled to claim compensation from the Buyer for the damages incurred by the Buyer in accordance with the relevant legislation.

 

7. Protection of personal data

 

Protection of persons. Data protection for the purpose of operation of the EXIsport e-shop (link)

Protection of personal data for the purpose of marketing EXIsport (link)

Personal data protection for the purpose of operating the EXIsport loyalty program (link)

 

8. Final provisions

 8.1 The Seller is entitled to keep and archive the mutual documentation and the contract in electronic form together with the relevant General Terms and Conditions for a period of 5 years. The archived contract shall not be accessible to the Buyer. Slovak language is offered for the conclusion of the contract. The Buyer is entitled to reproduce the essential elements of the contract in electronic form in accordance with the law. The contract is concluded for the period until the settlement of the parties' obligations under the contract, or for the period until the moment of its cancellation in accordance with the contract, the GTC and the legal regulations. The minimum duration of the consumer buyer's obligations under the contract shall be determined by the legislation of the Slovak Republic, the GTC and the contract.

 8.2 For the delivery of electronic messages addressed to the Buyer, if the Seller does not receive an error message about the impossibility of delivery of the message ( e-mail or sms message ) to the provided e-mail address or telephone number of the Buyer ( mobile ), the message ( e-mail or sms message ) is considered to be delivered on the next day after its sending, unless otherwise provided for by mandatory legislation. For the delivery of electronic messages addressed to the Seller (e-mail), the electronic document shall be deemed not to have been delivered until the Seller confirms its receipt to the Buyer by return e-mail. The parcel shall also be deemed to have been delivered if the addressee refuses to accept it or if the addressee, through his own fault or omission, fails to accept it. In such a case, it shall be deemed to have been delivered on expiry of the storage period at the post office, as determined by the sender, and on return of the consignment to the sender, of which the sender must provide undamaged proof. Notices delivered by a courier service (in particular DHL, IN TIME, UPS) shall be deemed to have been delivered at the moment of receipt by the contracting party. If delivery by courier service is unsuccessful, delivery shall be deemed to have taken place on the third day following the first attempted delivery, the attempted delivery being evidenced by a declaration by the courier service. It is the Seller's exclusive right to decide in what form and in which cases it will communicate with the Buyer in this form (sms or e-mail or any other appropriate way).

 8.3. If any provision of the GTC and/or the Contract is found to be invalid or ineffective, such invalidity or ineffectiveness shall not result in the invalidity or ineffectiveness of the other provisions of the Contract/GTC. In such a case, the parties undertake to replace such invalid or ineffective provision with a new one without delay so as to preserve the purpose pursued by the respective invalid or ineffective provision at the time of its adoption or the conclusion of this contract, as the case may be.

 8.4 The activities of the Seller shall be supervised by the Inspectorate of the Slovak Trade Inspection based in Košice for the Košice Region, Supervision Department, Vrátna 3, 040 01 Košice. tel. 055/729 07 05, 055/622 76 55 (for more information see www.soi.sk).

 

8.5. The governing substantive and procedural law is the law of the Slovak Republic. All disputes arising out of or in connection with the GTC, the Contract, including disputes arising out of the delivery of goods, shall be heard and determined exclusively by the courts of the Slovak Republic under the law of the Slovak Republic.

 

 8.6 The GTC shall be valid and binding from the date of their publication on the Seller's website and may also be consulted at the Seller's registered office. The Seller reserves the right, at its own discretion, to cancel, change, modify or replace them with new ones, provided that the GTC in force at the time of conclusion of the purchase contract shall apply to the concluded contracts. By registering, as well as by sending the order and by clicking on the consent to the text of the GTC at www.exisport.com at the end of the ordering process, the buyer confirms that he has been provided with information about the buyer's right to withdraw from the contract pursuant to Section 3(1)(h) of Act No. 102/2014 Coll., that he has read and agrees to the GTC, the Complaints Procedure (Article 5 ), considering them to be a part of the contractual relationship.

 

 The GTC in this version are published and valid from 7.9.2020 and apply to orders placed through the shopping portal after this date.

 

8.7 COPYRIGHT PPG Group s.r.o.

Copyright is reserved and is exercised by PPG GROUP s.r.o.., with registered office at Opatovská cesta 14, Košice 04001, Slovakia.  Any use of parts or the whole, in particular reproduction and distribution of texts, photographs, videos or graphs in any mechanical or electronic way in any language other than Slovak without the prior written permission of the publisher is prohibited.

The author of the article, the text published on the EXIsport website: www.exisport.com or in language versions such as www.exisport.cz or in the information medium as such, is represented by PPG GROUP s.r.o., as the sole authorized representative of the author, expressly reserves the right to grant consent for the reproduction and public transmission of articles, texts, descriptions of goods or categories (published on www.exisport.com or other language versions of the EXIsport eshop) not marked or marked "ę Copyright Reserved" or "News license reserved", within the meaning of Section 39 of Act No. 185/2015 Coll. Copyright Act.

PPG GROUP s.r.o., uses photos from SHUTTERSTOCK. All rights reserved. It is a violation of copyright law to publish or redistribute photographs from SHUTTERSTOCK resources without the prior written consent of this provider.

PPG GROUP s.r.o., uses videos from YOU TUBE - EXIsport channel. All rights reserved. Publishing or redistributing videos from YOU TUBE - EXIsport channel without the prior written consent of this provider is a violation of copyright law.

PPG GROUP s.r.o., uses photographs of its own creation. All rights reserved. Publishing or redistributing photographs from EXIsport's website without the prior written consent of this provider is a violation of copyright law.

Authors' contributions (articles, translations, texts, photographic images, videos or other graphic and audiovisual works) of ambassadors, influencers or reviewers that are made for PPG GROUP s.r.o. and have been sent to PPG GROUP s.r.o. representatives. The author, by submitting the contribution, agrees to the transfer of copyright to PPG GROUP s.r.o. and waives his/her previous copyright. The author is doing this on his/her own behalf and consents to publication in all EXIsport marketing channels. The use of these contributions is for an indefinite period of time, regardless of the financial remuneration of the Author.