Terms and Conditions

 

1. GENERAL PROVISIONS

These general terms and conditions govern the rights and obligations of LOYA s.r.o., with its registered office at Železničná 345/47, Teplička nad Váhom ID number: 53 975 812, VAT number: 2121536769, registered in the Commercial Register of the Žilina District Court, section: Sro, insert no. 77781/L, acting for the company: Tomáš Mahút (hereinafter referred to as the "seller") and the buyer.

Contact person: Tomáš Mahút, phone +421 948 194 166 (availability Mon-Fri: 9:00-15:00), e-mail: tomas.mahut@loya.sk

The business conditions are part of the concluded sales contract between the seller on the one hand and the buyer on the other. All contractual relationships are concluded in accordance with the legal order of the Slovak Republic. In the event that the consumer is the contracting party, relations not regulated by these terms and conditions are governed by Act No. 40/1964 Coll., Civil Code, Act No. 250/2007 Coll., on consumer protection, Act no. 102/2014, on consumer protection when selling goods or providing services, Act no. 22/2004 Coll. on electronic commerce, all in the valid version.

The seller is the operator of the online store www.loyasport.eu          

A buyer is a natural or legal person who registers through the seller's online store or orders goods through it (hereinafter referred to as the "buyer").

By using the seller's online store and creating an order, the buyer agrees to these terms and conditions.

 

Supervisory Authority

Supervision of the seller's compliance with the consumer's obligations is the Slovak Trade Inspection, specifically the SOI Inspectorate for the Žilina Region,Predmestská 1359/71, 010 01 Žilina, department of supervision: tel. . no. 041/763 21 30, 041/724 58 68, website:

http://www.soi.sk

http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

 

2. ORDER

2.1. The buyer orders goods through the seller's online store, by phone or by email.

2.2. With each order, the buyer must state the first and last name, delivery and billing address, telephone number, e-mail; natural and legal person, entrepreneur, ID number, VAT number, product name, number of pieces (order through the seller's online store meets these conditions automatically).

In accordance with the Personal Data Protection Act, these data will only be used within the framework of the business relationship between the seller and the buyer and will not be provided to a third party (with the exception of the person providing the transport of the goods).

 2.3. After delivery of the order, this order will be registered in the seller's system, and at the same time a business relationship between the seller and the buyer is created.

2.4.  The buyer has the right to cancel the order at any time and free of charge before receiving the goods and at the latest within 14 days after receiving the goods.

2.5. If the seller cannot deliver the ordered goods, he has the right to cancel such an order. If the amount for the ordered goods has already been paid, the seller will send it back to the buyer by bank transfer.

A condition for the validity of an electronic order is its true and complete completion. The sent order is a draft purchase contract. The purchase contract is created by confirmation of the order by the seller via e-mail.

By sending an electronic order, the buyer bindingly confirms that he has familiarized himself with these terms and conditions and that he agrees with them. By sending an electronic order, the buyer accepts all provisions of the terms and conditions in the version valid on the day of sending this order. Ownership of the goods is transferred to the buyer upon acceptance and payment of the purchase price. 

 

3. DELIVERY CONDITIONS

3.1. The delivery time for the product marked "In stock" is 4 working days.

3.2. The delivery time for the product marked "On order" is a maximum of 14 working days.

 

4. PRICE, PAYMENT TERMS AND TRANSPORTATION

4.1. The price of the goods is listed on the seller's website. Prices may be subject to change. The seller reserves the right to change prices following changes in the prices of manufacturers and importers.

4.2. The buyer makes the payment by cash on delivery, transfer to the seller's account or electronic payment.

4.3. When handing over the goods, the buyer pays the price for the goods + shipping and, if applicable, the cash on delivery price.

4.4. The method of transport is chosen by the buyer himself when creating an order in the seller's online store or with another method of communication. 

 

5. RECEIPT OF GOODS

5.1. The buyer undertakes to take delivery of the goods at the agreed date at the address indicated on the order.

5.3. The buyer acquires ownership rights to the goods only upon payment of the full price and other amounts agreed in the distance purchase contract to the seller's account. Until the transfer of ownership rights from the seller to the buyer, who has possession of the goods, the buyer has all the obligations of the custodian of the goods and is obliged to store the goods safely at his own expense and mark them so that they are identifiable as the seller's goods under all circumstances.

5.4. The seller is entitled to demand the fulfillment of obligations, in particular payment of the price for the goods, regardless of the fact that ownership of the goods has not yet passed to the buyer.

5.5. The risk of damage to the goods passes to the buyer at the moment of acceptance by the buyer or his representative.

 

6. WITHDRAWAL FROM THE CONTRACT

6.1. The buyer is entitled to withdraw from the contract without giving a reason at any time and free of charge before taking over the goods and at the latest within 30 days from the day of taking over the goods. Withdrawal from the contract must contain all data used to identify the goods, must be delivered within the above-mentioned period together with the goods to the address of the seller or another that the seller determines. 

6.2. The buyer can exercise the right to withdraw from the contract not only in written form, but also in the form of a recording and other permanent carrier, and a clearly formulated statement of the buyer expressing his will to withdraw from the contract, and he can also use a form for withdrawing from the contract.

6.3. After taking over the goods, the seller will return the price paid for the goods to the buyer in a pre-agreed manner within 14 days from the date of withdrawal from the contract.

6.4. The buyer cannot withdraw from the purchase contract concluded at a distance, especially in the following cases:

a) if it is a contract that also includes the provision of a service, if the service began to be performed with the consent of the buyer before the expiry of the period for withdrawing from the contract

b) if it is a contract, the subject of which is the sale of goods or services, the price of which depends on the movement of prices on the financial market, which the seller cannot influence

c) if it is a contract, the subject of which is the sale of goods made according to the specific requirements of the buyer or goods intended specifically for one buyer, or goods that, due to their characteristics, cannot be returned

6.5. The seller reserves the right to cancel the order (withdraw from the contract) or its part if:

a) the goods are not produced or have been discontinued

b) the price of the supplier of goods has changed

c) the displayed price of the goods was incorrect

6.6. An order within the 2X1 or 1+1 promotion (2 glasses for the price of 1) regulates the return of the order separately. In the case of an order within the 2X1 or 1+1 promotion, we consider this order and the items in it as part of one order. In case of returning an order, it is necessary to return all items from the given order, otherwise the return will not be accepted.

 

7. WARRANTY AND SERVICE

7.1. The warranty period for the performance of consumer contracts is set at a minimum of 24 months. Only goods purchased and paid for at the seller can be complained about. When making a claim, the buyer is obliged to deliver the goods to the seller together with the accessories and a signed claim document to the seller's address.

7.2. In the event of a complaint, it is recommended that the buyer notify the seller by phone or email that the goods in question show a fault and how it manifested itself. On the basis of this information, the buyer will be recommended the next procedure for handling the complaint.

 

8. FINAL PROVISIONS

8.1. These terms and conditions apply as stated on the website www.loya-eyewear.eu on the day the order is sent to the buyer, who accepts them without reservation, which he also confirms by actively clicking away when confirming the order. The operator reserves the right to possibly change or supplement the terms and conditions. However, the wording valid at the time of execution of the order applies to concluded orders.

 

ALTERNATIVE DISPUTE RESOLUTION

according to Act 391/2015 Coll. on alternative resolution of disputes and on amendments to certain laws

1. The buyer has the right to ask the company LOYA , s.r.o., Železničná 345/47, 013 01 Teplička nad Váhom (hereinafter referred to as the "seller") for correction by delivering the request by post to the specified company address or by sending an electronic request to the company's e-mail address: support @loya.sk if he believes that the seller has violated his rights or has not handled the complaint to the satisfaction of the consumer. If the seller responded negatively to his request to remedy the violation of his consumer rights, or if he did not respond to his request for more than 30 days, the consumer can submit a proposal to initiate alternative dispute resolution to the alternative dispute resolution entity (hereinafter referred to as the ARS entity) pursuant to Act 391/2015 Z. of . on alternative dispute resolution. According to §3 of Act 391/2015 Coll. ARS subjects are authorities and authorized legal entities.
2. The consumer has the right to choose between ARS subjects.
3. The proposal can be submitted by the consumer in the manner determined according to §12 of Act no. 391/2015 Coll.
4. The list of alternative dispute resolution entities is published by the Ministry of Economy of the Slovak Republic on its website - http://www.economy.gov.sk/obchod/ochrana-spotrebit… Other important information on alternative dispute resolution for consumers is also published on the above page - http://www.economy.gov.sk/obchod/ochrana-spotrebit…
5. The proposal can be submitted to the ARS subject in paper form, in electronic form or orally in the minutes. The address for submitting applications in electronic form to the Slovak Trade Inspection is ars@soi.sk. To submit a proposal, the Buyer can use the form, a sample of which is available on the website of the Slovak Trade Inspection https://www.soi.sk/sk/Alternativne-riesenie-spotre… and each ARS entity. The Buyer shall attach to the proposal documents related to the subject of the dispute, which prove the facts stated in the proposal.
6. In case of sale of goods on the basis of a contract concluded at a distance or of a contract concluded outside the seller's premises, the buyer, living in an EU member state, has the opportunity to submit a request to start ADR in connection with a dispute with the seller, doing business in an EU member state, by delivering the request to the ADR subject in the country of the seller's jurisdiction. He can use the form available on the website of the European Commission https://ec.europa.eu/consumers/odr/main/index.cfm?… In connection with the out-of-court settlement of cross-border disputes, the Buyer can contact the European Consumer Center in the country of his permanent residence. http://ec.europa.eu/consumers/solving_consumer_dis…
7. The buyer, coming from a country outside the EU member states, also has the right to initiate an ARS, in the event that his request for correction, sent by post or electronically to the e-mail address podpora@loya.sk, was answered negatively, or the seller did not respond to him more than 30 days from the delivery of the request. In such a case, in the matter of ARS, the Buyer will contact the ARS entity in the country of the seller's jurisdiction with his request.
8. Pursuant to § 12 paragraph 3 of the Act on Alternative Resolution of Consumer Disputes, the Buyer's proposal for initiating an alternative dispute resolution must contain:
9. consumer's first and last name, delivery address, e-mail address and telephone contact, if any
10. exact designation of the Seller
11. a complete and comprehensible description of the decisive facts
12. indication of what the Buyer as a consumer is demanding
13. the date when the Buyer as a consumer turned to the Seller with a request for correction and information that the attempt to resolve the dispute directly with the Seller was fruitless
14. a statement that the same proposal has not been sent to another ARS entity in the matter, the court or arbitration court has not decided on the matter, no mediation agreement has been concluded in the matter, nor has alternative dispute resolution been concluded in the matter in accordance with § 20 par. 1 letter a) to e) of the Act on alternative resolution of consumer disputes
15. Only disputes resulting from the contract between the seller and the consumer and disputes related to this contract can be resolved in the form of ARS, with the exception of disputes according to section § 1 par. 4 of Act no. 391/2015 Coll. and disputes whose value does not exceed EUR 20.
16. The ARS subject may demand payment of a fee for starting an ARS from the consumer.
17. The costs associated with ARS are borne by each of the parties to the dispute separately without the possibility of reimbursement.

 

These terms and conditions enter into force on November 7, 2021.