www.rack-art.com | Last updated: November 2022
Terms and conditions for sales contracts concluded at a distance via the rack-art™ e-shop (https://shop.rack-art.com).
1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") apply to the purchase of goods via the rack-art™ e-shop. The purchase of goods in accordance with these terms and conditions may be made by natural persons and legal entities (hereinafter referred to as the "Customer") without restriction, provided that the Customer agrees that the purchase contracts concluded in this way are subject to these terms and conditions, the provisions of the Complaints Policy, the other terms and conditions set out on rack-art™ and the relevant statutory provisions.
1.2 In these Terms and Conditions, "Seller" is understood to mean Rack-art™, s.r.o., registered office: Kolónia 3232/46, 924 01 Galanta, ID No.: 53 931 033, registered in the Commercial Register of the District Court of Trnava, entry No. 47705/T, section Sro, e-mail: firstname.lastname@example.org, (hereinafter referred to as "Seller" or "Rack-art™" or "Rack-art™").
1.3 Supervisory Authority: Slovak Trade Inspectorate (SOI) Inspectorate SOI for the Bratislava Region Prievozská 32, P.O. Box 5, 820 07 Bratislava 27, Department of Technical Product Control and Consumer Protection, tel. no.: 02/ 58272 172-3.
2.1 The Customer may order any goods via the rack-art™ e-shop by pressing the "ADD TO BASKET" button.
2.2 After pressing the button "IN THE SHOPPING CART", the ordered goods are automatically placed in the shopping cart, which can be viewed at any time. A prerequisite for placing an order is registration on rack-art™, during which the customer must enter the data required by the system
(if the customer enters his ID number, he acts and buys as an entrepreneur and not as a consumer). This data is used for the purpose of creating the order and the subsequent processing of the contract. Provided that the customer agrees during registration to be informed about news and discounted offers, Rack-art™ may also use the registration data for business-related marketing activities. After registration, each customer is assigned a personal account with which they can log in to rack-art™ for their purchases. Under this account, orders are created, discounts and other benefits are registered for each customer. Rack-art™ recommends that you make a note of your login details and keep them for future purchases. For each subsequent purchase, simply log in with your login details. At the same time, it is in every customer's interest to protect their login details, as passing them on to another person may result in them appearing on rack-art™ under that customer's name.
2.3 By submitting the order, the customer confirms that he has read and/or been informed by the seller of the essential characteristics of the goods, their total price and other costs, in particular the delivery costs. the total price and costs (hereinafter referred to as the "Price"), and that he is obliged to pay this specific amount of the Price to the Seller and that he has chosen a satisfactory method of payment of the Price from among the options offered by the Seller, the delivery terms, the time at which the Seller undertakes to deliver the Goods, including the provision of delivery or transport services (hereinafter referred to as the "Accompanying Services"). Once an order has been created, it is registered in the Rack-art™ system, of which the customer is informed by e-mail that the order has been received. Upon delivery of the order confirmation to the customer, the contract for the purchase of goods is deemed to be concluded, subject to the delivery of the goods specified in the order and the provision of the accompanying services at the price specified therein, on the terms and conditions set out on the rack-art™ website, in these General Terms and Conditions and in the Complaints Policy.
2.4 The rack-art™ e-shop enables the customer to access information on the status of his orders (in particular registration, receipt, payment, dispatch, etc.) after authorisation with his login data.
2.5 By placing an order, the customer confirms that he has read these conditions and agrees with them in full. The Seller reserves the right to amend the Terms and Conditions. These changes will take effect from the date of publication of the updated version of the General Terms and Conditions on the rack-art™ website. However, if the contract is for the purchase of goods, the General Terms and Conditions in force at the time of conclusion of the contract shall apply to that contract. These General Terms and Conditions shall be valid from 01.08.2020.
Terms of payment
- 3.1 All prices of the goods are inclusive of VAT. In this case, the price stated in the order must be paid to the delivery agent when the goods are collected.
Delivery terms and delivery costs
4.1 Rack-art™ undertakes to deliver the goods ordered to the buyer within 14 working days of receipt of the order by the seller at the latest. However, if Rack-art™ does not have the goods physically in its warehouses (of which it will inform the orderer) and orders them from the supplier only on the basis of the order placed by the orderer, it undertakes to deliver the goods to the orderer at the latest within 10 weeks of receipt of the order. The orderer acknowledges that circumstances beyond Rack-art™'s control may arise which make it impossible for Rack-art™ to deliver the ordered goods to the orderer (usually force majeure); in such a case the procedure described in the following paragraph shall apply.
4.2 If the aforementioned delivery time cannot be met for technical reasons, Rack-art™ is obliged to inform the customer immediately and, if no agreement is reached between Rack-art™ and the customer on the delivery of the goods within another period, on the provision of other goods of the same quality and price or on any other substitute service, the customer is entitled to withdraw from the order.
4.3 Rack-art™ undertakes to deliver the goods to the customer at the address in the EU which the customer specifies as the place of delivery in the order. The shipping price is calculated on the basis of the weight of the package up to 30 kg. For parcels and pallets weighing more than 30 kg, the customer will be notified by telephone and the consignment will not be dispatched until the customer has given his consent.
4.4 If the customer chooses personal collection at Rack-art™'s premises as the method of dispatch, this is only possible if the goods ordered are physically available. In case of unavailability, an alternative procedure will be agreed with the customer; if the customer does not agree with the proposed procedure and the parties do not agree otherwise, the customer has the right to withdraw from the purchase agreement.
Cancellation of the order
The provisions of this Article 5 are without prejudice to the right of a customer acting as a consumer and purchasing from rack-art™ to withdraw from a distance contract within the meaning of the relevant legislation, as set out in Article 6 below. Such a customer acting as a consumer may also withdraw from the distance contract (cancel their order) before the withdrawal period has begun as set out in Article 6.
Cancellation of an order by Rack-art™.
Rack-art™ reserves the right to cancel an order or part of it if, for technical reasons, the goods cannot be delivered in the time requested or on the terms of the order, if the goods are no longer manufactured or delivered, or if the price charged by the supplier of the goods has changed significantly. In this case, Rack-art™ will immediately contact the customer to agree on the further course of action.
Notification of the customer's right of withdrawal (only applicable to purchases made through rack-art™ by a customer who is deemed to be a consumer).
- 6.1 A customer who is a consumer vis-à-vis the seller has the right to withdraw from the contract within 14 calendar days of receipt of the goods without giving any reason; this period is met if the notice of withdrawal is sent to the seller no later than the last day of the period. The goods shall be deemed to have been taken over by the customer if the customer or a third party named by the customer, with the exception of the carrier, has taken over all parts of the goods ordered or if:
(a) the goods ordered by the customer in one order are delivered separately, at the time of taking delivery of the last goods delivered,
(b) he delivers goods consisting of several parts at the time of taking delivery of the last part or piece
(c) he delivers repeated items over a period of time, at the time of taking delivery of the first item delivered.
- 6.2 The Customer shall exercise its right of withdrawal in writing at the Seller's business address (which shall also be the place where the Goods are collected in person), by email to email@example.com or by any other means which leaves no doubt that a withdrawal has taken place. The burden of proof for the exercise of the right of withdrawal shall be borne by the customer as a consumer. If the customer makes use of his right of withdrawal, he must return the goods within 14 days from the day on which he has exercised his right of withdrawal, but no later than from the date of delivery of the notice of withdrawal to the Seller, to be returned to Rack-art™ in person at the premises of Rack-art™, Kolónia 3232/46, 924 01 Galanta, or to be sent to the address of the Seller's place of business, or to be returned by any other means agreed with Rack-art™ in advance. The goods must be sent or handed over to Rack-art™ with the proof of purchase, complete accessories, documentation and packaging. The customer has the right to unpack and test the goods after receipt of the goods within the withdrawal period in a way that is usual for a purchase in a conventional retail shop, i.e. to test the goods in order to convince himself of the characteristics and functionality of the goods. The customer is liable for any loss in value of the goods that is due to handling the goods in a way that is not necessary for testing the condition and functionality of the goods. Damage to the packaging and to the goods themselves shall only be recognised by the Seller to the extent that it could not have been avoided by a reasonable inspection of the goods in accordance with this provision of these Terms and Conditions, i.e. does not exceed the scope of the handling necessary to ascertain the properties and functionality of the goods.
- 6.3 If the customer withdraws from the purchase contract, any supplementary contract to this purchase contract shall also be cancelled from the outset.
- 6.4 In the event of withdrawal from the contract, the customer shall bear the costs of returning the goods to the seller. However, if the goods delivered do not have the characteristics desired by the customer and which correspond to the seller's description, the costs of returning and delivering the goods in conformity with the contract, as well as all costs reasonably incurred by the customer in this connection, shall be borne by the seller.
- 6.5 Rack-art™ undertakes to repay to the Customer all payments received by Rack-art™ under or in connection with the contract, including transport, delivery and shipping costs and other costs and charges, without delay and at the latest within fourteen days of the date on which Rack-art™ received notification of the cancellation of this contract, in the same manner as used by the Customer in making payment for the goods, unless otherwise agreed with the Customer. However, the Seller will only pay the Customer's shipping, delivery and postage costs to the extent of the cheapest usual method of shipment offered by the Seller, irrespective of the method of shipment chosen by the Customer. Notwithstanding the foregoing, the Seller shall not be obliged to refund the price and other costs to the Customer until the Goods have been delivered to the Customer or the Customer proves that it has returned the Goods to the Seller.
- 6.6 Under the law, the Customer cannot cancel a contract which is for:
(a) the supply of a service, if the supply of the service has begun with the express consent of the customer and the customer has represented that he has been duly informed that, by giving such consent, he loses the right to rescind the contract as soon as the service has been fully performed and the service has been fully rendered;
(b) the sale of goods made to the customer's special requirements, of custom-made goods or of goods specifically intended for a single customer;
(c) the sale of goods which are subject to rapid deterioration or are perishable;
(d) the sale of phonograms, videograms, sound recordings, books or computer software sold in protective packaging when the customer has unpacked the packaging;
(e) the sale of goods in protective packaging which are not suitable for return for reasons of health protection or hygiene and whose protective packaging has been damaged after delivery;
(g) the supply of electronic content on a medium other than a tangible medium, where the supply of such content has been arranged with the express consent of the customer and the customer has stated that he has been duly informed that by giving such consent he loses the right to withdraw from the contract.
Procedure for requesting and handling customer complaints, claims and grievances
7.1 The customer shall visually inspect the goods immediately upon or after receipt. He is entitled to refuse to accept the goods if the goods or their packaging show visible mechanical damage that is obviously due to transport or if the goods are incomplete. In such a case, he is always obliged to make a damage/complaint report to an employee of Rack-art™ and/or to the transport company that arranged the delivery to him and to refuse to accept the consignment. Mechanical damage to the product in intact packaging must be reported immediately upon receipt of the shipment and the product must not be used. Later complaints of this kind cannot be accepted in view of the carrier's complaints policy.
7.2 In the event of a complaint, the normal complaints procedure set out in the Rack-art™ Customer Complaints Policy will apply. The customer has the right to have the defective goods repaired at Rack-art™ or at one of the authorised service points in accordance with the product's warranty card. When exercising the right to repair, the customer must bring the claimed goods, including the invoice (or other tax receipt). When exercising other rights arising from Rack-art™'s liability for defects (e.g. right to exchange, right to withdraw from the purchase contract and right to a reasonable price reduction), the customer must bring the goods complained about, including the invoice (or other tax document) and the warranty card, to Rack-art™'s business address. The customer and Rack-art™ may also choose another
agree on the method of dispatch of the goods. If the customer wishes to make such an agreement, the customer can inform Rack-art™ of this by e-mail to firstname.lastname@example.org.
7.3 Rack-art™ is not liable for defects caused by mechanical damage to the product, operation of the product in unsuitable conditions (in particular chemically aggressive, dusty, humid environment, strong magnetic fields, etc.), tampering with the product by an unauthorised person (authorised service technician) or by natural disasters or incorrect mains voltage.
7.4 If the Customer is not satisfied with the way the Seller has handled his complaint or if he believes that the Seller has violated his rights, the Customer has the right to contact the Seller to request redress. If the Seller responds negatively to the Customer's request under the preceding sentence or fails to respond to such request within 30 days from the date of dispatch by the Customer, the Customer has the right to submit a request to initiate an alternative dispute resolution procedure in accordance with the provisions of Section 12 of Act No. 391/2015 Coll. on the Alternative Dispute Resolution of Consumer Disputes and on the Amendment and Supplementation of Certain Legal Acts, as amended. The competent body for alternative dispute resolution in consumer disputes with the Seller is the Slovak Trade Inspectorate or another competent authorised legal entity registered in the list of alternative dispute resolution bodies maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/); the Customer has the right to choose which of the above-mentioned alternative dispute resolution bodies to contact. The customer can use the online dispute resolution platform at http://ec.europa.eu/consumers/odr/ to submit a proposal for the alternative resolution of his consumer dispute.
7.5 Complaints and grievances may be submitted by the customer by e-mail to email@example.com. Depending on the form of the complaint or grievance, a response will be sent to the customer within 30 days of receipt.
Protection of consumers' personal data
In connection with the introduction of new legislation in the field of personal data protection - Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation) (hereinafter referred to as the "GDPR") and the implementation of measures to ensure compliance with the GDPR by Rack-art™, s. r.o. and related relevant legislation on the protection of personal data (e.g. Act No. 18/2018 Coll. on the Protection of Personal Data and on the Amendment and Supplementation of Certain Acts, Regulations of the Office for the Protection of Personal Data of the Slovak Republic), the general information obligation on the protection of personal data can be found on the website.