General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as "GTC") regulate the rights and obligations of the parties arising from the purchase contract concluded between the buyer and the seller. The subject of the Purchase Agreement is the purchase and sale of products and services by the Seller through the ecommerce website mordorfitness.sk.

The provisions of the GTC are an integral part of the purchase contract. A deviating arrangement in the Purchase Contract shall prevail over the provisions of these GTC. The contract of sale and the terms and conditions are drawn up in Slovak language.

I. BASIC DEFINITIONS

We, the company Mordor Fitness s. r. o. with registered office at Kvašov 123, 020 62 Kvašov, ID No. 53412419, registered in the Commercial Register kept by the District Court of Trenčín, email: info@mordorfitness.sk

You are the person shopping on our e-shop, legally referred to as the buyer;

The Price is the amount of money you will pay for the Goods or Services;

The Shipping Charge is the amount of money you will pay for the delivery of the Goods, including the cost of packing them;

The total price is the sum of the Price and the Shipping Price;

VAT is value added tax according to current legislation;

The invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;

E-shop is an online shop operated by Us at Kvašov 123, 020 62 Kvašov, where the purchase of Goods and Services will take place;

An Order is Your irrevocable proposal to enter into a Contract for the purchase of Goods or Services with Us;

Service is deemed to be all performance under Your Order which is not Goods;

Goods are all tangible things that you can purchase on the EShop;

Access data means a unique login name and the password associated with it entered by the User into the E-shop database during Registration;

Registration means the electronic registration of the User to the E-shop database by filling in at least the mandatory registration data in the user interface of the E-shop and the Access Data and their subsequent storage in the E-shop database;

A user account is an account established on the basis of the data you have provided, which allows you to store the data you have entered and to keep a history of the Goods ordered and the contracts concluded; "User" means any legal or natural person who uses the E-shop;

The Contract (Purchase Contract) is agreed on the basis of a duly completed Order sent via the E-shop, and is concluded at the moment when you receive an Order confirmation from Us.

A Consumer Contract is a Purchase Contract if the parties to the Contract are the Supplier on the one hand and the Consumer on the other hand;

Seller (Supplier) a person who, in concluding and performing a consumer contract, acts within the scope of his trade or other business activity. It is an entrepreneur who offers or sells products or services to a consumer and also an entrepreneur who supplies a product to a buyer directly or through other entrepreneurs;

A consumer (Buyer) is a person who purchases products or uses services for personal use or for members of his/her household, and who does not act within the scope of his/her trade or other business when concluding and performing a consumer contract; A buyer who is not a consumer is a person who, in concluding and performing a purchase contract, acts within the scope of his trade or other business activity;

Shopping Cart means the part of the E-shop that is automatically generated by the activation of the relevant functions by the User in the context of his actions in the user environment of the E-shop, in particular by adding or removing the Goods, respectively. Services / or by changing the quantity of the selected Goods, respectively. Services;

Civil Code means Act No. 40/1964 Coll., the Civil Code as amended;

Operator means Mordor Fitness s. r. o., ID no: 53412419, with registered office at Kvašov 123, 020 62 Kvašov, Slovak Republic.

Access data means a unique login name and the password associated with it entered by the User into the E-shop database during Registration;

II. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

The Operator offers the Purchase Contract to the Buyers through the E-shop. The creation of an Order constitutes a proposal for the conclusion of a Purchase Contract. The Buyer's unconditional acceptance of the Operator's offer to enter into the Purchase Contract shall be deemed to be a click on the button marked "Order".

The Buyer places an Order for Goods or Services in the following manner:

By filling in the order form - without registration,
Through your User Account, if you have previously registered with the online shop.

The Purchase Contract itself is concluded only at the moment of delivery of the Seller's binding consent with the draft Purchase Contract to the Buyer, i.e. j. binding confirmation of the Order by the Seller. From that moment on, mutual rights and obligations between the Seller and the Buyer arise, which are defined in the Purchase Agreement and these GTC.

Costs incurred by the Buyer when using remote means of communication and packaging costs in connection with the conclusion of the Purchase Contract (internet connection or telephone call costs) shall be borne by the Buyer. These costs do not differ from the base rate. The method of packing the Goods shall be determined solely by the Operator. The purchase price for the Goods or Services does not include any payments, fees or other charges that the User must incur for services provided to third parties in connection with the payment of the purchase price for the Goods or Services; these costs are the sole responsibility of the User.

The Buyer can change/correct data before sending the Order until the button marked "Order" is clicked. The Buyer undertakes to fill in the relevant text fields in the user environment of the E-shop with true and complete data, in particular to fill in his email address, identification data and, if applicable, the delivery address. After clicking the "Order" button, the data in the Order are considered correct and complete by the Seller, while the Seller is neither obliged nor authorized to check the entered data. All orders accepted by the Seller are binding.

There may be cases when the Seller will not be able to confirm the Order to the Buyer. These are mainly cases where the Goods are not available or situations where you order a larger number of Goods than the Seller allows. In the event that any situation arises for which the Seller cannot confirm the Order, the Seller will contact the Buyer and send an offer to conclude the contract in a modified form compared to the Order. In such case, the contract is concluded at the moment when the Buyer confirms the Seller's offer.

In the event that an obviously incorrect Price is indicated within the E-shop or the Order proposal, in particular due to a technical error, the Seller is not obliged to deliver the Goods or Services at this Price even if the Buyer has received the Order confirmation and thus the Contract has been concluded. In such a situation, the Seller shall immediately contact the Buyer and send an offer to conclude a new Contract in a modified form compared to the Order. The new Contract shall be concluded at the moment when the Seller's offer is confirmed by the Buyer. In case the Buyer does not confirm the Seller's offer even within 3 days from the date of its sending, the Seller is entitled to withdraw from the concluded Contract. 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 an extra digit is missing or missing.

If the Buyer has a User Account, he can place an Order through it. However, even in such a case, it is still obliged to check the accuracy, truthfulness and completeness of the data filled in in advance. However, the method of creating an Order is the same as in the case of a Buyer without a User Account. However, the advantage is that there is no need to fill in your identification data repeatedly.

III. USER ACCOUNT

Based on the Buyer's registration made within the E-shop, the Buyer can access his User Account. The Buyer may order Goods or Services from this account. The Buyer may order Goods or Services without Registration. When registering a User Account, it is the Buyer's responsibility to enter correct and truthful information and to update it in the event of a change. The data entered during registration are considered correct by the Seller.

Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality with regard to these access data and not to disclose these data to anyone. The Seller shall not be liable for them in case of misuse. The Buyer is fully liable for unauthorized use of these access data or User account and for damage caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the Buyer is obliged to notify the Operator without undue delay. The Operator shall provide the Buyer with the new access data within a reasonable period of time.

The user account is personal and therefore the Buyer is not entitled to allow third parties to use it. The Buyer's user account may be cancelled by the Seller, especially if the Buyer has not used it for more than 5 years or if the Buyer breaches his/her obligations under these GTC. The user account may not be available around the clock, in particular with regard to the necessary maintenance of hardware and software equipment.

IV. UNDER 16 YEARS OF AGE

This e-shop is not directly addressed to persons under 16 years of age. The controller does not process personal data of persons under the age of 16. For each registration/login, the operator asks for an affidavit from the buyer that he/she is at least 16 years of age. In connection with the offer of its services, the controller processes personal data on the basis of the data subject's consent lawfully if the data subject has reached the age of 16.

V. PAYMENT TERMS AND DELIVERY

The price of ordered Goods and Services is always generated specifically for each individual Buyer after filling in the Order on the Operator's E-shop. Payment of the Total Price will be required by the Operator after the conclusion of the Contract and prior to delivery of the Goods or Services.

Payment of the Total Price may be made by the Buyer in the following ways:

By credit card. In this case, the payment is made through the payment gateway Shoptet Pay, whereby the payment is governed by the terms of this payment gateway, while the Buyer follows the instructions of the respective payment gateway provider.
Cash on delivery. You can pay on delivery (only for shipments to the Czech Republic and SK)In this case, payment will be made upon delivery of the Goods against handover of the Goods. In the case of payment on delivery, the Total Price shall be payable on receipt of the Goods. Cash on delivery is not possible when ordering the Service.

The Seller is not a VAT payer, therefore the Prices for Goods and Services are quoted without VAT. Together with the Price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the contractual amount. The Seller shall not require any deposit or other similar payment from the Buyer in advance. Payment of the Purchase Price prior to dispatch of the Goods or Services is not a deposit. The Seller shall be entitled to require payment of the Total Price prior to dispatch of the Goods or provision of the Services to the Buyer. The provisions of § 2119 para. 1 of the Civil Code shall not apply.

Any discounts on the price of the Goods or Services provided by the Seller to the Buyer may not be combined with each other.

The goods are delivered to the Buyer:

to the address specified by the buyer in the order,
via the dispatch office to the address of the dispatch office designated by the buyer,

We are obliged to deliver the Goods to you immediately, but no later than 30 days from the date of conclusion of the Contract. In the performance of the Contract, there may be circumstances which will affect the date of delivery of the Goods ordered by you. We will inform you immediately by e-mail about the change of the delivery date and the new expected date of delivery of the ordered Goods, without prejudice to your right to withdraw from the Contract. Our notification of the new delivery date for the Goods shall include Our request to You to tell You whether You insist on delivery of the Goods ordered by You by the new date.

Upon receipt of the Goods from the carrier, it is your responsibility to check the integrity of the packaging of the Goods and in the event of any damage, immediately notify the carrier and Us. In the event of damage to the packaging indicating tampering and entry into the shipment, you are not obliged to accept the Goods from the carrier.

For each confirmed Order, the Seller shall issue a tax document - Invoice to the Buyer. The invoice will be issued in electronic form after payment of the Total Price and will be sent to the Buyer's e-mail address specified in the Order. The invoice will also be available in the Buyer's User Account, if the Buyer has set one up.

Title to the Goods or Services shall pass to the Buyer only after payment of the Total Price. In the case of payment by bank transfer, the total price is paid by crediting the Seller's account, in other cases it is paid at the time of payment. If the Buyer fails to pay the Seller the Total Price for the Goods or Services in the amount and on the terms and conditions agreed in the Purchase Contract, the Seller shall be entitled to withdraw from the Purchase Contract.

VI. LICENCE

If the ordered product is electronic content pursuant to § 2 par. 8 of Act No. 102/2014 Z. z., such electronic content is protected by the relevant provisions of Act no. 185/2015 Z. z. Copyright Act, as amended (hereinafter referred to as the "Copyright Act"), its author is the Seller and by entering into the Agreement the Buyer agrees to the license terms and conditions for this electronic content, where the Seller acts as the Provider and the Buyer as the licensee and acknowledges that the relevant provisions of the Copyright Act apply to this electronic content.

By paying the Price to the Provider, the Buyer obtains a license to view the Electronic Content and may view and reasonably use or otherwise display the Electronic Content for his/her own noncommercial use only. The Buyer may use the Provider's electronic content on any device that allows such use, and the Provider makes no warranty as to the usability of its electronic content on any device.

The Buyer is not entitled to use the electronic content or any part thereof in any other way than specified in these GTC, in particular, the Buyer may not make copies of the electronic content or any part thereof, sell, rent, lease, lend, share, distribute, publicly display, publicly transmit, modify, process or allow third parties to use them in any way. The Buyer is not entitled to sub-license or assign the license to any third party.

The License shall be valid and effective on the date the Price is credited to the Provider's account.

The licence shall terminate in the following ways:

the expiry of the ordered period,
withdrawal from the contract by the Provider in cases where there is a violation of the license terms or copyright or other material breach of the Buyer's obligations set out in the GTC or a non-substantial breach of obligations, whereby no correction of such non-substantial breach of obligations is made within 5 days upon the Provider's request,
the dissolution of the Buyer, who is a legal entity, or the death of the Buyer, who is a natural person.

VII. SUPPLY

The Seller and the Buyer may deliver all written correspondence to each other by electronic mail. The Buyer shall deliver correspondence to the Seller at the email address specified in these GTC. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or in the Order.

VIII. OPERATOR'S DECLARATION

The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and are protected against changes. Due to a technical error in the E-shop, the purchase price of the Goods may be displayed at an amount that does not correspond to the usual price for such Goods on the market. In this case, the Operator is not obliged to deliver the Goods at the displayed purchase price, it contacts the User and informs him of the actual purchase price of the Goods and the User has the right to decide whether to accept the Goods at the actual purchase price and if not, the Purchase Contract is cancelled from the beginning.

The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may give a distorting impression due to their transfer to the display in the User's technical means, therefore the User is always obliged to familiarize himself with the full description of the Goods and in case of ambiguity to contact the Operator. The Operator's contact details for communication with the User are provided in the user interface of the E-shop in the Contact section.

IX. WITHDRAWAL FROM THE CONTRACT

The Buyer is entitled to withdraw from the Purchase Contract without giving any reason in accordance with Art. § 7 et seq. Act No. 102/2014 Z. z. on Consumer Protection in Distance Selling (hereinafter referred to as the "Act on Consumer Protection in Distance Selling") within 14 days of receipt of the Goods, respectively. from the date of conclusion of the contract for the provision of the Service or the contract for the provision of electronic content not delivered on a tangible medium, if the Seller has timely and properly fulfilled the information obligations under Art. § 3 of the Act on Consumer Protection in Distance Selling. Withdrawal from the Contract, i.e. termination of the contractual relationship between the Seller and the Buyer from its beginning, may occur for the reasons and in the ways specified in this Article, or in other provisions of these GTC in which the possibility of withdrawal is explicitly stated.

Upon withdrawal from the Contract, the Seller shall return to the Buyer all payments made by the Buyer in connection with the conclusion of the Contract. Payments will be refunded to the Buyer without undue delay, no later than 14 days from the date of receipt of the notice of withdrawal. Their payment shall be made in the same manner in which the Price and related costs of the Buyer have been paid, unless the Seller has expressly agreed to a different method of payment, without charging any additional fees. For withdrawal from the contract by Buyers - business entities, the statutory conditions regulated in the Commercial Code apply.

The Buyer has the right to unpack and test the Goods within this period after receipt in a manner similar to the usual way of purchase in a classic "brick-and-mortar" store, to the extent necessary to determine the nature, characteristics and functionality of the Goods. The withdrawal period begins on the day on which the buyer or a third party designated by the buyer, with the exception of the carrier, takes delivery of all parts of the ordered goods. Withdrawal from the contract must be made by the Buyer in writing in a manner that does not raise any doubt that the contract has been withdrawn from. The withdrawal period shall be deemed to have been observed if the notice of withdrawal was sent to the seller no later than on the last day of the period under Art. § 7 para. 1 of the Act on Consumer Protection in Distance Selling.

Withdrawal from the contract of sale under the preceding paragraph of these terms and conditions must contain the information required in the withdrawal form, which is attached as Annex no. 1 of these GTC, in particular the identification of the Buyer, the order number and date, the exact specification of the Goods, the manner in which the Seller is to return the performance already received, in particular the account number and/or postal address of the Buyer.

The Buyer is obliged to send the Goods back to the address of the Operator's registered office without undue delay, but no later than within 14 days from the date of withdrawal from the contract of sale. This does not apply if the Seller has proposed to collect the Goods in person or through a person authorised by him. The time limit under the first sentence of this clause of these GTC shall be deemed to have been complied with if the Goods have been handed over for carriage on the last day of the time limit at the latest. The Buyer is obliged to deliver the Goods to the Seller complete, including complete documentation, undamaged, preferably in the original packaging and unused.

The Seller shall not be obliged to refund payments to the Buyer under this clause of these GTC before the Goods are returned to the Buyer. The Buyer shall bear the cost of returning the goods to the Seller or to a person authorized by the Seller to receive the goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled his obligation under § 3 para. 1 lit. (i) the Act on Consumer Protection in Distance Selling.

The buyer is liable only for the reduction in value of the goods resulting from handling of the goods which goes beyond the handling necessary to ascertain the characteristics and functionality of the goods. The consumer is not liable for the reduction in the value of the goods if the Seller has not fulfilled the information obligation on the consumer's right to withdraw from the contract pursuant to § 3 par. 1 lit. (h) the Act on Consumer Protection in Distance Selling. The Seller is obliged to refund to the Buyer the purchase price for the Goods in the same manner as used by the Buyer in its payment, unless the Seller agrees with the Buyer on a different method of refunding the payments without the Buyer being charged additional fees in this regard.

In the event that the Buyer withdraws from the Contract and delivers to the Seller Goods that are used, damaged or incomplete, the Buyer undertakes to pay the Seller the value by which the value of the Goods has been reduced within the meaning of Art. § 457 of the Civil Code in the actual amount. The Buyer is obliged to pay the Seller compensation in accordance with this point of the GTC in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.

In accordance with Art. § 7 para. 6 of the Act on Consumer Protection in Distance Selling, the buyer cannot withdraw from a contract whose subject matter is:

the sale of goods made to the consumer's specific requirements, made-to-measure goods or goods designed specifically for a single consumer,
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 broken after delivery,
the sale of sound recordings, visual recordings, phonograms, audio-visual recordings, books or computer software sold in protective packaging if the buyer (consumer) has unwrapped the packaging;
the provision of electronic content other than on a tangible medium, if the provision of such content has been initiated with the express consent of the purchaser (consumer),
the provision of a service where the provision of the service has been initiated with the express consent of the consumer and the consumer has declared that he has been duly informed that by expressing such consent he loses the right to withdraw from the contract once the service has been fully provided, and where the service has been fully provided.

X. LIABILITY FOR DEFECTS AND CLAIMS

The Seller shall be liable to the Buyer that the Goods are free from defects on receipt and that at the time the Buyer took delivery of the Goods, the Goods

it has the characteristics agreed between the parties and, in the absence of agreement, it has the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the Seller's advertising,
is fit for the purpose for which the Seller specifies its use or for which Goods of this kind are usually used,
corresponds to the quality or workmanship of the agreed specimen or pattern, if the quality or workmanship has been determined according to the agreed specimen or pattern,
is in the appropriate quantity or weight
complies with the requirements of the legislation.

The buyer is entitled to claim rights from a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to second-hand goods due to a defect corresponding to the degree of use or wear and tear that the Goods had when taken over by the Buyer, or if this results from the nature of the Goods.

In the event of a defect, the Buyer may submit a claim to the Seller and demand:

if it is a defect that can be rectified:

free of charge removal of defective goods,
exchange the goods for new goods,

if it is a defect that cannot be remedied:

a reasonable discount on the purchase price,
withdraw from the contract.

The buyer has the right to withdraw from the contract:

if the goods have a defect which cannot be remedied and which prevents the goods from being properly used as free from defect,
if the goods cannot be used properly due to the recurrence of the defect or defects after repair,
if he cannot use the goods properly due to a large number of defects.

The Buyer is obliged to exercise the right of liability for other defects (hidden defects) without undue delay after discovering the defect in the Goods, but no later than the expiry of the warranty period. The warranty covers only manufacturing defects of the Goods and defects caused by mechanical damage. The Buyer cannot claim the right of liability for defects, in particular for defects caused by wear and tear, mechanical damage, use of the Goods in unsuitable conditions, etc.

The Buyer is not entitled to claim the right of liability for defect in the event that the Buyer was aware of the defect before taking over the Goods, respectively. The Seller has drawn it to the Buyer's attention or the Buyer has been given a reasonable discount on the Price of the Goods for that reason.

The Buyer may notify the Seller of a defect in the Goods and exercise the rights of liability for defects (i.e. claim the Goods) by sending an e-mail or a letter to the addresses indicated in the identification data. The Buyer may also use the sample form provided by the Seller for the complaint.

LINK TO THE FORM

A sample claim form is attached to the Terms and Conditions. The Buyer in his notification claiming the claim shall indicate in particular the description of the defect of the Goods and his identification data, including the e-mail address to which he wishes to be notified of the method of handling the claim, and shall also indicate which of the liability for defects claims specified in X. Paragraphs claim.

When making a claim, the Buyer shall also submit to the Seller a proof of purchase of the Goods (invoice) in order to prove its purchase from the Seller, otherwise the Seller shall not accept the Buyer's claim. The day of delivery of the defective Goods together with the relevant documents shall be considered as the day of commencement of the claim procedure). In the event that the Buyer's submission claiming the claim is incomplete (in particular illegible, unclear, incomprehensible, does not contain the required documents, etc. ), in writing, in particular by e-mail, the Seller shall request from the Buyer a supplement to the submitted complaint. In this case, the complaint procedure begins on the date of receipt of the Buyer's completed submission. If the Buyer does not complete the submitted complaint without undue delay, no later than 10 days from the date of receipt of the Seller's request, the Seller shall consider the Buyer's submission as unjustified. Complaint handling On the basis of the Buyer's decision which of the rights under § 622 and § 623 of Act No.40/1964 Coll. Civil Code, as amended (hereinafter referred to as the "Civil Code"), the Seller shall determine the method of handling the claim immediately, in complex cases no later than 3 working days from the date of the Buyer's claim. In justified cases, in particular if a complex technical evaluation of the condition of the Goods is required, no later than 30 days from the date of the Buyer's claim. Once we have determined how the claim will be handled, we will handle the claim immediately; in justified cases, we may also handle the claim later; however, the processing of the complaint must not take longer than 30 days from the date of the complaint. After the expiry of the complaint period, you have the right to withdraw from the Contract or you have the right to exchange the Goods for new Goods, if possible. We are obliged to issue you with a written proof of the complaint within 30 days from the date of the complaint and we will inform you about the complaint by e-mail. If the claim is accepted, we will send you repaired Goods or replace the Goods with new Goods or refund the price paid for the Goods, unless we agree otherwise. If it is a defect that we can remedy, you have the right to have the defect remedied free of charge, in a timely and proper manner. We will remedy the defect in the Goods without undue delay. Instead of rectifying the defect, you may require replacement of the Goods or, if the defect relates only to a part of the Goods, replacement of that part, provided that we do not incur disproportionate costs in relation to the Price of the Goods or the severity of the defect. Instead of rectifying a defect in the Goods, we may always replace the defective Goods with faultless Goods if this will not cause you serious inconvenience. If there is a defect in the Goods which cannot be remedied and which prevents you from using the Goods properly as if they were free from defect, you have the right to have the Goods replaced or you have the right to withdraw from the Contract. The same rights shall apply to you if the defects are repairable, but you cannot properly use the Goods due to the recurrence of the defect after repair or due to a greater number of defects. If there are other irremediable defects, you are entitled to a reasonable discount on the Price of the Goods. We will settle the claim by handing over the repaired Goods, replacing the Goods, refunding the Price of the Goods, paying a reasonable discount on the Price of the Goods, a written invitation to take delivery of the performance (Goods) or a reasoned rejection of the claim. The exercise of the rights of liability for defects and claims for Goods shall be governed by the provisions of § 619 et seq. of the Civil Code, Act No. 250/2007 Z. z. on consumer protection and on amendment and supplementation of the Act of the Slovak National Council No. 372/1990 Coll. on offences, as amended (hereinafter referred to as the "Consumer Protection Act"), and Act No. 102/2014 Z. z. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller's business premises and on amendment and supplementation of certain laws, as amended (hereinafter referred to as the "Distance Selling Consumer Protection Act"). If you make a claim for Goods: a) during the first 12 months after the purchase of the Goods, we can only reject your claim on the basis of a professional assessment; regardless of the outcome of the expert assessment, we will not require you to pay the costs of the expert assessment or any other costs associated with the expert assessment. We will provide you with a copy of the professional assessment justifying the rejection of the claim within 14 days of the date of the claim; b) after 12 months from the date of purchase and we have rejected such a claim, we will state in the claim document to whom you may send the Goods for professional assessment. If You send the Goods to a designated person for expert assessment, the cost of the expert assessment as well as all other related costs reasonably incurred shall be borne by Us irrespective of the outcome of the expert assessment. If You prove Our liability for the defect in the Goods by a professional assessment, You may make the claim again; the warranty period does not expire while the professional assessment is being carried out. We are obliged to reimburse you within 14 days from the date of the reasserted claim for all costs incurred for the professional assessment as well as all related costs reasonably incurred. A reasserted claim cannot be rejected. If you are an entrepreneur, it is your obligation to notify and reproach the defect without undue delay after you have been able to detect it, but no later than 3 days after receipt of the Goods. If you are a consumer, you have the right to assert liability rights for defects that occur in consumer Goods within 24 months of receipt of the Goods. We have hereby duly informed you of your rights under Section 622 and Section 623 of Act No. 40/1964 Coll. Civil Code. By entering into the Contract, you confirm that you have had the opportunity to read the terms and conditions for claiming the Goods.

XI. ALTERNATIVE DISPUTE RESOLUTION

If the Buyer 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, he has the opportunity to contact the Seller with a request for redress. If the Seller responds to the request for redress in a negative manner or fails to respond within 30 days from the date of its dispatch, the Buyer shall have the right to file a motion for the initiation of an alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Z. z. on Alternative Dispute Resolution for Consumer Disputes and on Amendments and Additions to Certain Acts.

The competent entity for alternative dispute resolution of consumer disputes with the seller is, for example, the Slovak Trade Inspection Prievozská 32, 827 99 Bratislava 27, http://www.soi.sk or another competent authorised legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk ); the buyer has the right to choose to which of the above mentioned alternative dispute resolution entities to turn to.

XII. FINAL PROVISIONS

These GTC are valid as stated on the Seller's E-shop on the day of sending the electronic Order. By submitting an electronic Order, the Buyer accepts without reservation all provisions of the GTC in the wording in force on the date of sending the Order, the applicable amount of the Price of the ordered Goods or Services listed in the price list on the E-shop, unless otherwise has been demonstrably agreed in a particular case.

Relations between the two parties that are not regulated by these GTC are governed by the relevant provisions of Act no. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 Z. z. on consumer protection, as amended, and Act no. 102/2014 Z. z. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller's business premises, Act No. 22/2004 Z. z. on electronic commerce, as amended, or other legal regulations of the Slovak legal order. If the buyer is an entrepreneur, the relationship between the buyer and the seller is governed by the Commercial Code.

The Seller and the Buyer agree that they fully accept the electronic form of communication, in particular via electronic mail and the Internet, as valid and binding for both parties.

These GTC apply as published on the website mordorfitness.sk.

The text of the GTC is effective as of 10 August 2023.

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