GENERAL COMMERCIAL TERMS AND CONDITIONS

GENERAL COMMERCIAL TERMS AND CONDITIONS

Basic Provisions

These General Commercial Terms and Conditions (hereinafter referred to as "Commercial Terms") are issued by:

MEDEKO CAST s.r.o., having its registered office at 017 01 Považská Bystrica, Orlové 255, Slovak Republic

Registration No: 31 615 007

Registered with the Register of Companies of Trenčín District Court, Section: Sro, File No: 27985/R

Statutory body: Ing. Kristína Lang, Company Executive

Contact details:

E-mail: kristina@medeko.sk

Telephone: 0905 237 085, 042/432 44 95

Internet: www.artcasting.eu

(hereinafter “Seller”)

These Commercial Terms govern the mutual rights and obligations of the Seller and any natural person who enters into a purchase contract, whether outside their business as a consumer, or for their business purposes, (hereinafter "Buyer") through the web interface of the website located at artcasting.eu (hereinafter referred to as "Online Store").
The provisions of these Commercial Terms will constitute an integral part of the purchase contract. Any provision of the purchase contract deviating from these Commercial Terms will take precedence over the provisions of these Commercial Terms.
The Commercial Terms and of the purchase contract will be concluded in the Slovak language.

Information about goods and prices

Information about each article, including its price and main properties, is provided and displayed next to the article in the Online Store catalogue. The prices of the articles are inclusive of value added tax and all related charges and costs of the return of the goods if the goods cannot, by nature, be returned using the regular postal service. The prices of the articles will remain valid as long as they are displayed on the Online Store. This provision does not preclude the negotiation of specific terms for a purchase contract on an individual basis.
All presentation of the articles in the Online Store catalogue is of an indicative nature and the Seller will not be obliged to enter into a purchase contract for any of those articles.
Information on goods packaging and delivery costs is available on the Online Store website.
Any discounts on the purchase price of an article cannot be combined with other discounts, unless the Seller specifically agrees otherwise with the Buyer.

III

Order and purchase contract

Any costs incurred by the Buyer in using remote communication means in connection with the conclusion of a purchase contract (costs of internet connection, costs of telephone calls) will be borne by the Buyer alone. Such costs will not deviate from the basic rate.
The Buyer may order goods using any of the following methods:

Through the Buyer’s customer account if the Buyer has made previous registration for the Online Store;
By submitting the order form without registration.

When making an order, the Buyer will choose the goods, the number of units of the goods and the methods of payment and of delivery.
Before sending the order, the Buyer will be given the opportunity to check the data entered in the order form and make corrections, if and as appropriate. The Buyer will submit the order to the Seller by clicking the "Complete order" button. The Seller will deem the data entered in the order form to be correct. The validity of the order will be subject to the Buyer filling in all mandatory data in the order form and confirmation that the Buyer has read and is aware of these Commercial Terms.
Immediately after receiving the order, the Seller will send a confirmation of the receipt of the order to the Buyer’s e-mail address specified by the Buyer when making the order. The confirmation will be automatised and will not constitute the conclusion of a purchase contract. The confirmation will be sent along with the Seller’s current Commercial Terms. The purchase contract will be concluded only upon acceptance of the order by the Seller. A notification of acceptance of the order will be delivered to the Buyer's e-mail address. / Immediately after receiving the order, the Seller will send a confirmation of the receipt of the order to the Buyer’s e-mail address specified by the Buyer when making the order. The confirmation will constitute the conclusion of a purchase contract. The confirmation will be sent along with the Seller’s current Commercial Terms. The purchase contract will be validly concluded upon confirmation of the order by the Seller to the Buyer’s e-mail address.
If the Seller is not able to meet the Buyer’s requirements specified in the order, or any of them, the Seller will send a modified offer to the Buyer's e-mail address. The modified offer will constitute a new purchase contract proposal, and the purchase contract will be deemed concluded upon the Buyer's confirmation of acceptance of this offer to the Seller’s e-mail address specified in these Commercial Terms.
All orders received by the Seller will be binding. The Buyer will be allowed to cancel the order only until the Buyer receives a notification of acceptance of the order from the Seller. The Buyer may cancel the order by calling the Seller's telephone number, or sending an e-mail to the Seller's e-mail address, as specified in these Commercial Terms.
If an obvious technical error has occurred on the part of the Seller when indicating the price of any goods on the Online Store or during the ordering process, the Seller will not be obliged to deliver the goods to the Buyer at such obviously erroneous price, including in case the automatic confirmation of the receipt of the order was already sent to the Buyer in accordance with these Commercial Terms. The Seller will inform the Buyer about the error without undue delay and send a modified offer to the Buyer’s e-mail address. The modified offer will constitute a new purchase contract proposal and the purchase contract will be deemed concluded upon the Buyer's confirmation of acceptance of the offer to the Seller’s e-mail address.

Customer account

If the Buyer makes registration on the Online Store, the Buyer will be able to access the Online Store and order goods from the Buyer’s customer account, but the Buyer may also order goods without registration.
When registering for a customer account and when ordering goods, the Buyer must enter all information correctly and accurately. The Buyer is also obliged to update the details provided upon registration for the customer account if any change in those details occurs. The Seller will deem the customer account registration details and the information entered in the order form to be correct and accurate.
Access to the customer's account will be secured by a username and password. The Buyer must keep the information required for the access to the Buyer’s customer account in confidence. The Seller will not be liable for any misuse of the customer account by third parties.
The Buyer will not have the right to allow the use of the customer account by third parties.
The Seller may terminate the user account, particularly if the Buyer has not used the Buyer’s customer account for an extended period of time, or if the Buyer has violated its obligations under the purchase contract and these Commercial Terms.
The Buyer understands and acknowledges that the customer account may not be available permanently and the availability may be interrupted, in particular, for the purposes of necessary maintenance of the Seller’s or third parties’ hardware and software.

Payment terms and delivery of the goods

The Buyer will pay the price of the goods and any costs payable in connection with the delivery of the goods under the purchase contract using any of the following methods of payment:

Bank transfer to the Seller’s bank account no. SK83 0200 0000 0003 7964 9372 with VÚB a. s.;
Payment by a card using a payment gate;
Cash on Delivery (CoD), i.e. cash payment upon receipt of the goods;
Cash upon personal collection at the Seller’s place of business.

Along with the purchase price, the Buyer will be required to pay the Seller the contractually agreed amount of the costs of packaging and delivery of the goods. Except as otherwise provided herein below, the purchase price will be inclusive of the costs of delivery of the goods.
In case of cash payment, the purchase price will be payable upon receipt of the goods.
In case of payment through a payment gateway, the Buyer must follow the instructions of the relevant electronic payment provider.
In case of non-cash payment, the Buyer's obligation to pay the purchase price will be deemed fulfilled when the relevant amount is credited to the Seller’s bank account.
The Seller will not request the Buyer to make any advance payment or other similar payment. The payment of the purchase price before the shipment of the goods will not constitute an advance payment.
Pursuant to the Act on the registration of revenues, the Seller will issue a receipt to the Buyer. The Seller will immediately make the online entry of the revenue in the tax administrator’s records, or in the event of a technical failure of the relevant interface, make such entry within 48 hours at the latest.
The available methods of delivery of the goods to the Buyer are the following:

Shipment to the address specified by the Buyer in the Order; or
Collection by the Buyer at the Seller’s place of business.

The preferred method of delivery will be agreed as part of the ordering process.

Depending on the method of shipment and delivery, the costs of shipment will be specified in the Buyer’s order and the Seller’s order confirmation. Where a special method of shipment and delivery is agreed at the Buyer’s request, any risk and any extra costs incurred in connection therewith will be borne by the Buyer.
Where the Seller is required under the purchase contract to deliver the goods to the place specified by the Buyer in the order, the Buyer will be obliged to accept the goods upon delivery. If, for reasons attributable to the Buyer, the goods have to be delivered repeatedly or using a method of delivery other than specified in the order, the Buyer will be obliged to pay any costs incurred in connection with the repeated delivery or the other method of delivery.
Upon receipt of the goods from the carrier, the Buyer must check the consignment to make sure that the packaging is intact, and if any defects are detected, they must immediately be reported to the carrier. If damaged packaging indicates unlawful opening of or interference with the consignment, the Buyer will not be obliged to accept the consignment.
The Seller will issue to the Buyer an invoice as a tax document. The tax document will be sent to the Buyer's e-mail address. / The tax document will be attached to the delivered goods.
The Buyer will acquire the ownership of the goods upon paying the purchase price of the goods in full, including any delivery costs, but not before taking over the goods. The liability for any accidental loss, damage or destruction of the goods will pass to the Buyer at the time of receipt of the goods, or the moment when the Buyer was supposed to take over the goods and did not do so in breach of the purchase contract.

Withdrawal from the purchase contract

If the Buyer has entered into the purchase contract outside its business as a consumer, the Buyer will have the right to withdraw from the purchase contract without giving a reason.
The time limit for the withdrawal from the purchase contract is 14 days:

of the date of taking over the goods;
of the date of taking over the last delivery of the goods, if the purchase contract is made for more than one type of goods or for more than one lot.

The Buyer may withdraw from the purchase contract, inter alia:

If the subject of the purchase contract is goods which have been adapted to the Buyer’s wishes, custom-made goods, or goods intended specifically for one Buyer;

In the other cases referred to in Article 7(6) of the Act No 102/2014 on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at distance or a contract concluded off premises, as amended.

In order to comply with the time limit for withdrawal, the Buyer must send its notice of withdrawal within that time limit.
To withdraw from the purchase contract, the Buyer can use the model contract withdrawal form provided by the Seller. The Buyer must send the notice of withdrawal from the purchase contract to the e-mail or correspondence address of the Seller specified in these Commercial Terms. The Seller will confirm the receipt of the withdrawal notice form to the Buyer without delay.
If the Buyer withdraws from the purchase contract, the Buyer must return the goods to the Seller within 14 days of the withdrawal from the purchase contract. The Buyer will bear the costs associated with the return of the goods to the Seller even if the goods cannot, by nature, be returned using the regular postal service.
If the Buyer withdraws from the purchase contract, the Seller will without delay, and no later than 14 days of the withdrawal from the purchase contract, refund to the Buyer the full sum received from the Buyer, inclusive of the costs of delivery. The funds will be refunded in the same way as they were received from the Buyer. The Seller may use a different method to refund the funds to the Buyer only if the Buyer agrees thereto and does not incur any extra costs in connection therewith.
If the Buyer chose a method of delivery of the goods other than the cheapest one offered by the Seller, the Seller will refund the costs of delivery of the goods to the Buyer only up to the amount of the cheapest method of delivery offered by the Seller.
If the Buyer withdraws from the purchase contract, the Seller will not refund the funds to the Buyer before the Seller receives the goods, or a proof of the return shipment of the goods, from the Seller.

The goods must be returned by the Buyer to the Seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The Seller will have the right to unilaterally set off its claim for compensation for any damage to the goods against the Buyer's claim for the refund of the purchase price.
The Seller will have the right to withdraw from the purchase contract on the ground of exhausted stock and/or unavailability of the goods, or if the manufacturer, importer or supplier of the goods has interrupted the production or import or supply of the goods. The Seller will immediately inform the Buyer accordingly by e-mail to the Buyer’s e-mail address specified in the order, and no later than 14 days of the notification of withdrawal from the purchase contract, refund the full sum received from the Buyer, inclusive of the costs of delivery, to the Buyer in the same way as it was received from the Buyer, or in such other manner as the Buyer determines.

VII

Product liability rights

The Seller warrants to the Buyer that the goods are fee of defects at the time of delivery. In particular, the Seller warrants to the Buyer that at the time of the receipt of the goods by the Buyer:

The goods have the characteristics agreed upon by the Parties and, in the absence of such agreement, have the characteristics described by the Seller, or expected by the Buyer taking regard of the nature of the goods and the promotion thereof by the Seller;
The goods are fit for the use claimed by the Seller or the usual use of goods of this type;
The quality and design of the goods conform to the quality and design of the agreed sample or model, if the goods quality and design were specified on the basis of an agreed sample or model;

The goods are delivered in the relevant quantity or with the relevant weight; and
The goods comply with the requirements of applicable legal regulations.

If any defect manifests itself within six months of the receipt of the goods by the Buyer, the goods will be considered to have been defective at the time of receipt. The Buyer is entitled to make a product liability claim for any defect of consumer goods that occurs within twenty-four months of receipt of the goods. This provision will not apply if the goods were sold at an agreed discounted price because of a known defect, and to normal wear and tear of the goods and to any used goods with a defect corresponding to the degree of their use and/or wear and tear that existed at the time when the goods were received by the Buyer, or is intrinsic to the nature of the goods.
If a defect is detected, the Buyer may submit a claim to the Seller and request:

For a defect which can be rectified:

Rectification of the defect free of charge;
Replacement of the goods by new goods;

For a defect which cannot be rectified:

A proportionate discount on the purchase price;
Termination of the purchase contract.

The Buyer will have the right to terminate the purchase contract if:

The goods have a defect which cannot be rectified and which prevents the goods from being properly used as goods without defects;
The goods cannot be used properly due to the recurrence of the defect or defects after repair;
The goods cannot be used properly because of a multiplicity of defects.

The Seller will be obliged to accept a claim in any establishment where it is possible to accept it, including the Seller’s seat or place of business. The Buyer may also lodge a claim with a person designated by the Seller. If the Buyer's claim is processed by a third party designated by the Seller, such third party may only resolve the claim by delivering the repaired goods; otherwise the claim will be forwarded for processing by the Seller. The Seller will be obliged to issue to the Buyer a written certificate stating the date of the lodging of the claim, the subject-matter of the claim and the method of resolution requested by the Buyer, as well as the date and method of the actual resolution of the claim, including confirmation of the repair of the goods and its duration, or written reasoning for the rejection of the claim, where applicable.
If the Buyer lodges a claim, the Seller or an employee appointed by it, or a designated third party will be obliged to inform the Buyer about the Buyer’s rights arising from the defects of the goods. Depending on the Buyer’s choice of the rights it claims under the product liability, the Seller or its appointed employee or designated third party will be obliged to determine the method of resolving the claim immediately, or, in more complex cases, no later than three business days of the date the claim was made, and in justified cases, in particular if a complex technical assessment of the condition of the goods is required, no later than 30 days of the date of the claim. After determining the method of handling the claim, the claim must be processed and the defect rectified immediately. In justified cases, the claim may be resolved at a later time. However, the claim resolution, including the rectification of the defect, must not take more than 30 days of the date the claim was made. Failure to resolve the claim until expiry of the applicable time limit will constitute a material breach of the purchase contract and the Buyer will have the right to terminate the purchase contract or to have the goods replaced by new ones. A product liability claim will be deemed made when the Buyer expresses its will to make the claim (i. e. to exercise its rights arising from the defects of the goods) to the Seller.
The Seller will notify the result of the processing of the claim to the Buyer in writing and no later than 30 days of the lodging of the Buyer’s claim.
The Buyer’s right to make a product liability claim will not arise if the Buyer knew before taking over the goods that the goods were defective, or if the defect was caused by the Buyer.
Where the claim is justified, the Buyer will be entitled to the reimbursement of any costs reasonably incurred in connection with the pursuit of the claim. The Buyer may exercise this entitlement within one month after the expiry of the warranty period.

Where more than one option for resolving the claim is available, the Buyer will have the right of choice.
The rights and obligations of the Parties with regard to product liability will be governed by Articles 499 to 510, Articles 596 to 600 and Articles 619 to 627 of the Civil Code Act No 40/1964, as amended, and the Act No 250/2007 on consumer protection, as amended.
Other rights and obligations of the Parties related to the Seller's product liability will be governed by the Seller's Claim Policy.

VIII

Notices

The Parties may deliver all written notices to each other by electronic mail.
The Buyer will send notices to the Seller to its e-mail address specified in these Commercial Terms. The Seller will send notices to the Buyer to its e-mail address specified in the Buyer’s customer account details or order.

Out-of-court dispute resolution

The consumer will have the right to request remedy from the Seller if the consumer is not satisfied with the processing of its claim by the Seller, or if the customer believes that the Seller has violated its rights. The consumer will have the right to petition for the initiation of alternative (out-of-court) dispute resolution if the Seller has rejected the request referred to in the preceding sentence, or has not replied thereto within 30 days of sending. This is without prejudice to the consumer's right to turn to a court.
The institution competent to handle the out-of-court resolution of disputes arising from or in connection with a purchase contract will be the Slovak Trade Inspection Authority, having its registered office at: Prievozská 32, 827 99 Bratislava, Registration No: 17 331 927, which can be contacted for this purpose at Slovak Trade Inspection, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at ars@soi.sk or adr@soi.sk, internet address: https://www.soi.sk/. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can also be used to resolve disputes between the Seller and the Buyer under a purchase contract.
The European Consumer Centre of the Slovak Republic, having its registered office at Mlynské nivy 44/a, 827 15 Bratislava, internet address: http://esc-sr.sk/ is the contact point for the purposes of Regulation (EU) No 182/2011 of the European Parliament and of the Council No 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
The Seller is authorised for the selling of the goods by a trader licence. The trader control is exercised by the Sole Trading Administration Department of the competent District Authority. To a limited extent, the supervision of compliance with the Act No 250/2007 on consumer protection, as amended, is exercised by the Slovak Trade Inspection Authority.

Final provisions

All arrangements between the Seller and the Buyer will be governed by the laws of the Slovak Republic. If the relationship established by the purchase contract involves an international element, the Parties have agreed that the relationship will be governed by the laws of the Slovak Republic. The foregoing will not affect the consumer's rights under relevant laws of general application.
The Seller is not bound to the Buyer by any codes of conduct within the meaning of the provisions of Act No 250/2007 on consumer protection, as amended.
All rights to the Seller's website, including without limitation the copyright to the website content, including its layout, photos, videos, graphics, trademarks, logos and other content and elements, will belong to the Seller. Copying, modifying or otherwise using the website or any part of it without the Seller’s consent is forbidden.
The Seller will not be responsible for any errors caused by any third parties’ interference with the Online Store, or as a result of any use thereof contrary to its intended purpose. When using the Online Store, the Buyer must not use any procedures that could adversely affect its operation and must not perform any activity that could allow the Buyer or any third parties to interfere with, or unlawfully use, the software or other components making up the Online Store, and/or use the Online Store or its parts or software in any manner contrary to the intended use or purposes thereof.
The purchase contract, including the Commercial Terms, will be archived by the Seller in an electronic form and will not be publicly available.
The Seller will have the right to amend the text of these Commercial Terms. This provision is without prejudice to any rights and obligations arising during the period of validity of the previous version of the Commercial Terms.
Attached to these Commercial Terms is a model contract withdrawal form.

These Commercial Terms become effective on 19 May 2021.