Terms & Conditions

Article I.

Definitions

Website (e-shop) operator is the company Drumatch s.r.o., with headquarters in Dúbravská 6/2, 97101 Prievidza.
Supplier of goods and services offered in e-shop drumatch.com is the company Drumatch s.r.o.., with headquarters in Dúbravská 6/2, 97101 Prievidza (complete details are listed in contacts).
The buyer is every visitor of e-shop, which created an order by means of e-shop. For the purposes of the Act no. 102/2014 Coll. consumer means natural or legal person, who does not purchase goods for sale to other persons, for the purpose of business or for purpose of employment or occupation.
E-shop is a computer system located on the internet with public access, which allows ordering goods or services.
Goods or services are considered all products published on e-shop website.
Order is created by confirmation of ordering process in e-shop by selecting goods or services by buyer including completing the ordering form.
The buyer fully recognizes electronic communication especially through the e-shop, using e-mail communication as well as telephone communication.

Article II.

Price

All given prices for goods are the final prices. Seller is not a subject to VAT.
The seller is bound by the price quoted on e-shop website at the moment of making a purchase.

Article III.

Order

Order is created by confirmation of ordering process in e-shop by selecting goods or services by buyer including completing of ordering form. For the correct execution of the order, it is necessary to fill in required information in order and to select one of required shipping and payment options for goods or services ordered.
Buyer agrees by sending an order with the price of ordered goods and services and thus order becomes binding for the consumer.
Confirmation of the order by the seller he concludes a sales contract, which is possible to alter, cancel or amend only by means of mutual agreement between buyer and seller unless the law or other legal regulation stipulates otherwise.
After completing an order by buyer, e-shop generates automatically an email confirming receipt of order by e-shop. This e-mail is not a confirmation of goods within the meaning of paragraph 3 of this article.
By completing and sending an order the buyer is obliged for payment of the purchase price of the goods ordered.

Article IV.

Payment conditions

Goods and services ordered in the e-shop can be paid in the following ways:
1. credit card payment
2. payment via PayPal
Gift voucher represents a prepaid amount of money that the buyer can use when buying based on sufficient free pre-paid financial funds. Coupon expiration date is marked on each coupon. The minimum value of the gift voucher can be arranged with the buyer.
Additional payments for single payment options are specified in Article no. VI of these general commercial conditions.
The seller may offer to buyer the possibility of discounts:
1. discount from good price on registration to e-shop,
2. discount for repeated purchases,
3. discount based on single discount coupon.
It is not possible to cumulate offered discounts.

Article V.

Delivery terms

The seller is obliged within 30 days from the date of concluding the purchase contract to send the goods to the buyer, unless longer delivery time was agreed for delivery of specified goods.
If the goods are in stock shipment will be done in the shortest time as possible.
If the order consists from more goods and services and some of them are not in stock, we inform the buyer about this situation by offering him possibility of partial deliveries.
Point of sale is considered place where goods are delivered.
Seller will perform goods delivery to the buyer by means of:
1. postal services
2. courier services

Article VI.

Charges for shipment, packaging and payment options

The amounts of shipment fees and charges for payment services you can find in Shipping and payment terms.
The seller can arrange with the buyer also other than standard (above mentioned) procedure for the shipment of goods or services as well as prices for these services.
The seller may send the goods which is immediately available to buyer and the rest of the ordered goods will be delivered subsequently within the statutory period, provided, however, that the buyer will not be charged by any additional postage, other than that which has been counted in the order.

Article VII.

Transfer of ownership rights

The ownership right passes from the seller to the buyer after settling full payment of the full price for the subject of the purchase contract.
For the goods or services covered still by ownership right of the seller, the seller takes the right in case of complaint by buyer, to proceed after full payment for goods or services by buyer.

Article VIII.

Cancellation of the purchase contract

Buyer has the right to cancel order for delivery goods or services within 2 hours after completing the order without cancellation fee.

Article IX.

The consumer’s right to return goods without giving any reason and consumer guidance

According to Act No. 102/2014 Coll. on Consumer Protection in sale of goods or provision of services on the base of the distance contract or the contract concluded away from business premises of the seller and on amending and supplementing certain other acts (hereinafter referred as the “Act”), pursuant to § 7 and the subsequent, consumer has the right to withdraw from the purchase contract within 14 calendar days after receiving goods. If subject of contract is delivery of goods, consumer has the right to withdraw from the contract even before goods delivery.
The consumer is obliged, if he wants to use this right, to deliver in written withdrawal from the contract personally at the latest on the last day of the specified period on the contact address of the seller, or to hand over this withdrawal to the post office for postal delivery at the latest on the last day of the period to the address that is specified in contacts. The consumer is obliged after getting notification of withdrawal from contract to sent or to deliver personally the subject of the contract he withdraws along with all documentation – eg. original invoice, user manuals and other documentation delivered with goods no later than 14 days from the date of withdrawal (§10 paragraph 1 of the Act). We recommend buyers to get prepared for personal purposes their own copy of the invoice and to send goods as a registered mail covered by insurance. For withdrawal purposes following form can be used: Withdrawal from the contract, in which at least data marked by asterisk has to be completed (https://drumatch.com/wp-content/uploads/2017/12/odstupenie-od-zmluvy.pdf).
Do not send us goods by cash on delivery. Such goods shall be not accepted.
The e-shop operator will reimburse the consideration for the goods / services, including transport costs in accordance with meaning of the provision of section §9 paragraph 3) Act no. 102/2014 Coll. as well as proven costs incurred for ordering the goods within 14 days from the date of the receipt of the withdrawal, but he does not need to return the money before the goods is delivered to him, or the consumer did not demonstrate delivering the goods, what is not the case if the seller suggested to collect the goods himself.
The costs of returning the goods shall be borne by the consumer.
The right of withdrawal does not apply to goods and services, as defined in § 7 par. 6 letter a) to l) of Act no. 102/2014. Coll.
The consumer will bear any diminished value of goods, which has been caused by its use beyond what is necessary to determine the functionality and characteristics of the goods.

Article X.

The rights and obligations of the parties

Parties are considered seller and buyer.
The buyer is obliged:
1. to take over ordered goods,
2. to pay agreed remuneration for the goods to the seller,
3. to check packaging integrity respectively product itself on takeover.
The seller is obliged:
1. to deliver the goods to the customer in required quality, quantity and in agreed price,
2. along with goods or additionally to send all documents relating to the goods such as an invoice for the goods, complaint letter, operating instructions in codified form of Slovak language to the customer.

Article XI.

Privacy

Personal data are processed in accordance with the Act. 122/2013 Coll. on Personal Data Protection, as amended.
The operator does not provide personal information of buyer to a third party, with exception to the shipping company in order to deliver the goods or services or to a public authority for inspection.
Operator acquires from the buyer following personal information: title, birth name, family name, home address, address for goods or services delivery, telephone number, e-mail address.
Personal data you provided to the seller are used in order to manage your order properly.
The operator is obliged to secure personal information from accessing by unauthorized persons. This obligation is specified in the Security Directive.
If the buyer agreed with processing of his personal data within registration process to the e-shop for marketing purposes, by this he agreed especially with sending e-mails to the contact e-mail address, with telephone contacting, or with sending ordinary mail to the contact address.
The buyer has the right to cancel his approval for personal data processing at any time by sending written cancelation to the seller. Seller blocks or eliminates using buyer’s personal data immediately. These personal data will be not used for marketing purposes.

Article XII.

Contractual fine

Seller reserves the right to penalize the buyer by a contractual fine of 5 € (in words: five euros) if the existing contract of sale was not canceled or not withdrawn by buyer, buyer did not take over the goods from carrier and so goods was returned to the seller, or when buyer was called up by seller to take over the goods, while the goods was not taken over, because he breach provisions of Art. X, point 2, letter a.
This contractual fine includes shipment costs and other costs related to the seller’s unfulfilled purchase contract.

Article XIII.

Final provisions

Seller reserves the right to amend these general terms and conditions and complaint conditions without prior notice to buyer. In case of change in general terms and conditions or complaint conditions, entire purchase process will be governed by the general terms and conditions that were in effect at the time of submitting the order by buyer and these conditions are available on the website of the seller.
Complaint conditions are the integral part of these general terms and conditions.
By submitting the order, the buyer confirms he has read the general terms and conditions as well as complaint conditions and agrees with the wording.
These general terms and conditions and complaint conditions are available at the registered office for consultation by the buyer and they are published on the e-shop website as well.
Otherwise not defined relations in these general terms and conditions as well as in their integral parts (Annexes) are governed by the relevant provisions, particularly of Act no. 40/1964 Coll., Act no. 250/2007 Coll., Act no. 102/2014 Coll., Act no. 122/2013 Coll., Act no. 22/2004 Coll. as well as Act no. 513/1991 Coll.
These general terms and conditions, including their integral parts come into force and effect on 15st November 2017.

in Prievidza, 1st November 2017

Jozef Mandík
CEO

Complaint conditions for online store

Integral part of general terms and conditions

It is possible to set a claim only on goods bought from seller and which is a property of buyer.
In case the ownership right has not passed from the seller to the buyer yet, the buyer in accordance with applicable legislation can set a claim following full payment for goods in accordance with § 151 of the Civil Code.
If the buyer is a consumer (natural person who is not acting within the scope of his business, employment or occupation) then there is for all goods offered guarantee for a period of 24 months, if not indicated otherwise for goods, than in this case follow provisions of the Act on consumer protection and Civil Code. If the buyer is not a consumer, follow the provisions of the Commercial Code and the warranty period is one year. The warranty period begins on the date of receipt of the goods from the shipping company or directly from the seller if the buyer takes over the goods personally at the date of its takeover.
The buyer is obliged to raise a complaint to the seller without delay after founding a defect on goods.
Liability for defects does not apply in following circumstances:
1. if defect was caused by mechanical damage of goods caused by the buyer,
2. when handling the goods improperly, that means other way as specified in user manual,
3. when using the goods in conditions not corresponding to normal conditions with regards to its moisture, chemical properties and mechanical influences, differing from goods natural environment,
4. when failing to keep normal care and maintenance of goods,
5. when goods is used in excessive load,
6. when using the goods in contrary to the conditions specified in goods technical documentation, to the general principles, technical standards and safety regulations or breaching warranty in any other way.
Defects resulting from natural disasters are excluded from liability for defects.
Liability for defects does not cover defects caused by normal wear and tear of goods (or part thereof) resulting from the use of the goods. Shorter product life cannot therefore be considered as a fault and therefore cannot be claimed.
It is required to send claimed goods on our address specified below not by cash on delivery. It is required to wrap the goods properly in order to avoid any goods damage during shipping. We recommend sending the goods as registered mail or insured postal mail respectively. Documents to be attached: copy of proof of purchase (invoice) and completed Claim form. (Complaint should be sent solely in writing (by mail).
Seller will acknowledge receipt of the complaint and will issue a confirmation for buyer on proceeding the claim in appropriate way. Delivery date of claim to the seller is deemed for claim applying date. If it is not possible to deliver confirmation about claim immediately, it must be delivered without any delay and at the latest together with proof of settlement of the claim. Confirmation of settlement the claim will be sent in writing.
The seller is obliged to determine the method of settling the claim immediately, in complicated cases within 3 days from the date of the claim. In reasonable cases, in particular where a complex of technical evaluation of the goods is required, at the latest within 30 days from the date of the claim. After determining how to settle the claim the seller will settle the claim immediately, in reasoable cases it can be settled even later. Period for settling the claim cannot exceed 30 days from the date of the claim. After passing the 30-day period for claim settlement, the buyer has the right to withdraw from the contract and will get back the full amount for the goods or has the right to exchange for new goods.
Remedies for raising the claim:
1. If defect is possible to be repaired, the buyer has the right for duly and free of charge repair. Decision how to repair defect has to be done by seller. The buyer may ask the seller instead of repairing the defect (repair) to replace any defective goods for sound one, provided this does not result in unreasonable costs to the seller with respect to the price of goods or severity of defect,
2. When defect is not possible to be repaired, and affects the proper use of goods for specified purpose, the buyer has the right either to exchange the goods or to withdraw from the contract (money back),
3. The complaint shall be considered as settled if claim procedure is completed by handing over of claimed goods, either by goods exchange or by refunding the purchase price, or by written notice for takeover the execution of the contract or if reasonable to perform contract withdrawal.
Not damage to goods, respectively packaging integrity (following instructions for goods taking over) should be checked when receiving the goods, whereas goods may be damaged during shipment. We recommend buyers to unpack the goods and to check it together with carrier. You declare by your signature that goods packaging is not damaged.
These complaint conditions are integral part of general terms and conditions and the seller reserves the right to change them at any time without prior notice to the buyer.
Contact address for supplying the complaints: Drumatch s.r.o., Dúbravská 6/2, 97101 Prievidza. In case of any questions, feel free to contact us on our e-mail addres: info@drumatch.com