Business conditions

These general terms and conditions (" Terms ") regulate the rights and obligations of you, as buyers, and Us, as seller, within the framework of contractual relations concluded through the E-shop on the website www.damax.sk.

All information about the processing of your personal data is contained in the principles of personal data processing, which can be found here www.damax.sk/ochrana-osobnych-udajov.

As you surely know, we primarily communicate remotely. Therefore, it also applies to our Agreement that means of remote communication are used, which allow us to come to an agreement without the physical presence of us and you.

If any part of the Terms and Conditions contradicts what we have jointly agreed upon in the process of your purchase on Our E-shop, this particular agreement will take precedence over these Terms and Conditions.

1.7.
We
are the company Daniela Majerníková-DAMAX , with registered office at Komenského 461/10, Svidník 089 01 , ID number 43876684 , registered in the Trade Register no. section 4/2007/03671-5/CR1; Č.ŽR.780-7042, Tax Identification Number 1024548569, e-mail support@damax.sk , phone number +421 905 594 647 , referred to by law as the seller;

1.9.
The product
is everything you can buy on the E-shop ;

2.1.
The purchase of Goods is possible only through the web interface of the E-shop.

2.2.
When purchasing Goods, it is your duty to provide us with all information correctly and truthfully. We will therefore consider the information you provided to Us when ordering the Goods to be correct and true.

3.
Closing of the contract

3.1.
The contract with Us can only be concluded in the Slovak language.

3.2.
The contract is concluded remotely via the E-shop, while you pay for the costs of using the means of communication remotely. However, these costs do not differ in any way from the basic rate that you pay for the use of these resources (that is, especially for Internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree to the use of means of remote communication.

3.3.
In order for us to conclude the Agreement, it is necessary that you create a draft Order on the E-shop. This proposal must include the following information:

a)
Information about the purchased Goods (in the E-shop, you indicate the Goods you are interested in purchasing with the button "Add to basket" or "Buy now");

b)
Information on the Price, Shipping Price, VAT, method of payment of the Total Price and required method of delivery of the Goods; this information will be entered as part of the creation of the draft of the Order within the user environment of the E-shop, while information on the Price, Shipping Price, VAT and Total Price will be entered automatically on the basis of the Goods selected by you and the method of its delivery;

c)
Your identification data used to enable us to deliver the Goods, especially in the scope of name, surname, delivery address, telephone number and e-mail address;

3.4.
During the creation of the draft Order, you can change and check the data until the time of its creation. After checking by pressing the "Order with payment obligation" button, you create the order. However, before pressing the button, you must confirm your familiarity with and agreement with these Terms, otherwise it will not be possible to create the Order. The check box is used for confirmation and consent . After pressing the "Order with payment obligation" button, all the filled-in information will be sent directly to Us.

3.6.
There may also be cases when we will not be able to confirm your Order. This mainly concerns situations where the Goods are not available or cases where you order a larger number of Goods than is allowed by us. However, we will always provide you with information about the maximum number of items in the E-shop in advance, so it should not be surprising to you. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In that case, the contract is concluded the moment you confirm Our offer.

3.7.
In the event that an obviously incorrect Price is stated in the E-shop or in the draft Order, mainly due to a technical error, we are not obliged to deliver the Goods to you at this Price even if you have received confirmation of the Order, and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In that case, the new Contract is concluded at the moment when you confirm Our offer. In the event that you do not confirm Our offer even within 3 days of its sending, we are entitled to withdraw from the concluded Agreement. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or is missing or has an extra digit.

3.8.
In the event that the Agreement is concluded, you are obligated to pay the Total Price.

3.9.
In some cases, we allow you to use a discount for the purchase of Goods. In order to provide a discount, it is necessary that you fill in the information about this discount in the pre-determined field as part of the draft Order. If you do so, the Goods will be provided to you at a discount.

6.1.
Introductory provision on liability for
defects

7.1.1. We undertake to deliver the Goods to you in the required quality, quantity and without defects.

7.1.2 . We are responsible for defects that the Product has upon receipt. We are not responsible for used goods
defects caused by their use or wear. For Goods sold at a lower price, we are not responsible for defects for which a lower price was negotiated.

7.1.3. The general warranty period is 24 months. The warranty period starts from the moment you take over the Goods.

7.1.4. If the Goods are exchanged, the warranty period will begin again after receiving the new Goods from you
parties.

7.1.5. Your rights from liability for defects in the Goods, for which the warranty period applies, expire if their
you do not apply within the warranty period. However, you must exercise your rights from liability for defects in Goods that deteriorate quickly no later than the day after the purchase, otherwise your rights will expire.

a) has the characteristics that we have agreed with you, and if they have not been expressly agreed, then such,
which we mentioned in the description of the Goods, or those which may be due to
the nature of the Goods to be expected;

b) it is suitable for the purposes that we have indicated or for the purposes that are customary for Goods of this type;

c) corresponds to the quality or design of the agreed sample, if the quality or design was
determined by sample;

d) is in the corresponding quantity and weight;

e) meets the requirements imposed on him by special legal regulations;

f) is not encumbered by the rights of third parties.

6.3.
Conditions for exercising the right from liability
for defects (complaints)

7.3.1. If the Goods are delivered to you in broken or damaged packaging or the shipment is clearly too light, we ask that you do not accept such Goods from the transport company and that you notify us of this fact immediately by phone number +421 905 594 647 or by e-mail support@ damax.sk In case of detection of obvious defects (e.g. mechanical damage), you are obliged to file a claim without undue delay in accordance with point 7.4.1. below. We will not take into account claims made later due to obvious defects in the Goods, including defects consisting in the incompleteness of the Goods.

7.3.2. You are obliged to exercise the right from liability for other defects (hidden defects) in accordance with
point 7.4.1. below without undue delay after you have discovered the defect in the Goods, but at the latest before the expiry of the warranty period.

7.3.3. The warranty applies only to manufacturing defects of the Goods and defects caused by mechanical damage. You cannot apply the right of liability for defects in particular to defects caused by wear and tear, mechanical damage, use of the Goods in inappropriate conditions, etc.

7.3.4. You are not entitled to claim liability for a defect if you knew about the defect before taking over the Goods, or we alerted you to it or you were given an appropriate discount from the Price of the Product for that reason.

6.4.
Exercising the right from liability for damage (complaints)

7.4.2. In your notification, by which you apply for a claim, please provide primarily a description of the defect in the Goods and your identification data, including the e-mail address to which you are interested in receiving an explanation of how to handle the claim, and also indicate which of the claims from liability for defects, specified in point 7.5 .4. until 7.5.8., you apply.

7.4.3. When making a claim, please also present us with a proof of purchase of the Goods (invoice) in order to prove your purchase from Us, otherwise we are not obliged to accept your claim.

7.4.4. We consider the day of initiation of the complaint procedure to be the day of delivery of the defective Goods together with the relevant documents (according to point 7.4.3). In the event that your submission, with which you are making a claim, is incomplete (especially illegible, unclear, incomprehensible, does not contain the required documents, etc.), we will ask you to complete the submitted claim in writing, especially by e-mail. In this case, the complaint procedure begins on the day of delivery of your supplemented submission.

7.4.5. If you do not complete the complaint in accordance with point 7.4.4. of this article without undue delay,
no later than 10 days from the date of delivery of Our invitation according to point 7.4.4. of this article, we will consider your submission unfounded.

6.5.
Complaint processing

7.5.1. Based on your decision, which of the rights according to § 622 and § 623 of Act No. 40/1964 Coll. You apply the Civil Code as amended (hereinafter referred to as the "Civil Code") (specified in points 7.5.4 to 7.5.8), we will determine the method of processing the claim immediately, in complex cases no later than 3 working days from the date of application of your claim. In justified cases, especially if
requires a complex technical evaluation of the condition of the Goods, no later than 30 days from
on the day of your claim.

7.5.2. After determining the method of handling the complaint, we will handle the complaint immediately, in justified cases we can also handle the complaint later; however, processing of the claim may not take longer than 30 days from the date of application of the claim. After the expiry of the deadline for handling the complaint, you have the right to withdraw from the Contract or you have the right to exchange the Goods for new goods, if possible.

7.5.3. We are obliged to issue you a written document about the processing of the claim, no later than 30 days from
We will inform you by e-mail of the day of the claim and its equipment. In the event that the claim is accepted, we will send you the repaired Product or exchange the Product for a new product or refund the paid Product Price, unless we agree otherwise.

7.5.4. If it is a defect that we can remove, you have the right to have the defect repaired free of charge, in a timely manner and properly
removed. We will remove the defect in the Goods without undue delay.

7.5.5. Instead of removing the defect, you can request the replacement of the Product, or if the defect concerns only a part of the Product, the replacement of this part, in cases where this does not incur disproportionate costs for Us in relation to the Price of the Product or the severity of the defect.

7.5.6. Instead of removing the defect in the Product, we can always replace the defective Product with a perfect one, if you like
will not cause serious difficulties.

7.5.7. If it is a defect in the Goods that cannot be removed and which prevents you from being able to properly use the Goods as a defect-free good, you have the right to exchange the Goods or you have the right to withdraw from the Contract. You have the same rights if the defects are removable, but you cannot properly use the Product due to the reappearance of the defect after repair or due to a larger number of defects.

7.5.8. If there are other non-removable defects, you have the right to a reasonable discount from the Product Price.

7.5.9. We will handle the complaint by handing over the repaired Goods, exchanging the Goods, returning the Price of the Goods, paying an appropriate discount from the Price of the Goods, a written request to take over performance (of the Goods)
or by reasoned rejection of the claim.

6.6.
The exercise of rights from liability for defects and claims for Goods is governed by § 619
and so on of the Civil Code, Act No. 250/2007 Coll. on consumer protection and amending Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended (hereinafter referred to as
"Consumer Protection Act"), and Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws as amended (hereinafter referred to as the "Consumer Protection in Distance Selling Act").

6.7.
If you claim a Product:

a.
during the first 12 months from the purchase of the Product, we can reject your claim only on the basis of a professional assessment; regardless of the result of the expert assessment, we will not require you to pay the costs of the expert assessment or other costs related to the expert assessment. We will provide you with a copy of the expert assessment justifying the rejection of the claim no later than 14 days from the day the claim was processed;

b.

after 12 months from the purchase and we have rejected such a claim, we will indicate in the complaint handling document to whom you can send the Goods for expert assessment. If you send the Goods for expert assessment to a designated person, the costs of the expert assessment, as well as all other related costs incurred for the purpose, will be borne by Us, regardless of the result of the expert assessment. If you prove through expert assessment Our responsibility for the defect of the Goods, you can apply the claim again; the warranty period does not expire during the performance of the expert assessment. We are obliged to reimburse you within 14 days from the date of re-application of the complaint all costs incurred for the expert assessment, as well as all related costs incurred purposefully. A renewed claim cannot be rejected.

6.8.
If you are an entrepreneur, it is your duty to notify and point out the defect without undue delay after you have discovered it, but no later than within 3 days of receiving the Goods.

6.9.
If you are a consumer, you have the right to exercise rights from liability for defects that occur with consumer goods within a period of 24 months from the receipt of the goods.

6.10. Hereby, we have properly informed you about your rights, which arise from § 622 and § 623 of Act no. 40/1964 Coll. Civil Code. By concluding the Agreement, you confirm that you have had the opportunity to read the terms of the Goods complaint.

These Terms and Conditions take effect [WILL BE AMENDED