Terms and Conditions
General terms and conditions of the online shop https://www.catus-airsoft.eu/
I. Identification of the Merchant
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") govern the legal relations between the company
Company name: Helena Žitňanová - CATUS Slovakia
Place of business: 97405 Banská Bystrica, Zvolenská cesta 5579/46, Slovak Republic
Registered with the District Office Banská Bystrica, Trade Register Number 601-13554
ID: 40091911
VAT NUMBER: 1020059282
VAT ID: SK1020059282
Bank account: SK37 1100 0000 0026 2875 6195
The seller is a VAT payer
(hereinafter also referred to as "Seller" or "Merchant") and any person who is a Buyer of products offered by the Seller on the Seller's Web site and who acts in the position of a consumer within the meaning of other provisions of these General Terms and Conditions and relevant laws defining the consumer, within the framework of the applicable legislation of the Slovak Republic, in particular the following laws: the Act No.108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended, the Act No., Act No., Act No.40/1964 Coll. Civil Code, as amended,
1.2 Email contact and telephone contact to the Seller is:
Email: obchod@catus.sk
Phone number: +421 48 413 15 24
1.3 The address for sending contract cancellations is:
Helena Žitňanová-CATUS Slovakia, Zvolenská cesta č.46, 974 05 Banská Bystrica
The parcel must be sent without cash on delivery as a parcel to Helena Žitňanová - CATUS Slovakia, Zvolenská cesta no. 46, 974 05 Banská Bystrica (we do not accept parcels with delivery to the post office).
II. Definition of terms
2.1. For the purposes of these General Terms and Conditions, the Merchant, in accordance with Act No. 108/2024 Coll. as amended, states and defines the following terms:
2.2 A product is a good, service, digital content, real property, electricity, water or gas that is not for sale in a limited volume or specified quantity, heat, rights and liabilities.
2.3 A distance contract is a contract between a Seller and a consumer agreed and concluded exclusively by one or more means of distance communication without the simultaneous physical presence of the Seller and the consumer, in particular by means of an online interface, electronic mail, telephone, fax, mailing list or offer catalogue.
2.4 A Seller (hereinafter also referred to as "Seller") is a person who, in connection with a consumer contract, an obligation arising therefrom or a commercial practice, acts in the course of his or her business or profession, including through another person acting in his or her name or on his or her behalf.
2.5 A consumer is a physical person who is not acting in the course of his or her business or profession in connection with a consumer contract, an obligation arising therefrom or a commercial practice.
2.6. A consumer contract is any contract, regardless of its legal form, concluded between a Seller and a consumer.
2.7 The term Internet shop is identical to the term Electronic shop and the term Web site.
2.8. The Buyer is any person ( physical person or corporate entity) who has placed an order, in particular by using the Seller's website or other remote-communication means.
2.9 Durable medium means a medium which enables the consumer or Seller to retain information addressed to the consumer or Seller for a period of time appropriate to the purpose fulfilled by that information and in a manner which enables it to be reproduced and used unchanged in the future, in particular a letter, email, USB stick, CD, DVD, memory card and computer hard drive.
2.10. All Airsoft weapons are category D weapons according to Act 190/2003 Coll. on firearms and ammunition and on amendment and supplementation of certain acts and their sale is only permitted to persons over 18 years of age.
III. Basic Provisions
3.1. These General Terms and Conditions regulate the legal relations between Buyers who are consumers and the Seller.
3.2. The provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, shall apply to contractual relations (as well as other legal relations that may arise from the contractual relationship) with Buyers who do not act in the capacity of a consumer.
IV. Product order - conclusion of the purchase contract
4.1. The proposal for the conclusion of a purchase contract by the Buyer is the sending of an order for products by the Buyer, mainly by using the website of the Seller. The Buyer may only order the Goods via the shopping cart on the Seller's website. Any other method of ordering may not be accepted by the Seller or may cause non-delivery of the goods.
4.2 The conclusion of the Purchase Contract between the Buyer and the Merchant occurs at the moment of delivery to the Buyer of the confirmation of receipt of the order created by the Buyer in accordance with clause 4.1 of these GTC by the Merchant (electronically to the Buyer's email address chosen by the Buyer in the process of creating the order).
4.3 The Seller shall confirm the submitted order within 48 hours during business days by sending an e-mail about the processing of his order, in selected cases by telephone. All confirmed orders are binding!
4.4 The Seller has the right to cancel the order in the event that the ordered goods cannot be provided. In such case, the Seller shall immediately refund the amount received in full or offer the Buyer replacement goods or another solution, if the Buyer agrees to it. The Seller shall also have the right to cancel the order if it is unable to contact the Buyer (incorrect or unlisted contact details, unavailability, ...).
4.5 The Seller reserves the right to cancel the order (withdraw from the contract) or part of it without further notice if:
4.6 The information published in the description of the goods is for guidance only and is subject possible to change.
4.7 Cancellation of the order by the Buyer is possible within 24 hours of ordering the goods without giving any reason. The Buyer may cancel the order in the Customer section of the Seller's website, by telephone or by e-mail. Upon verification that the cancellation conditions have been met, the Seller shall confirm the cancellation of the order to the Buyer by e-mail or telephone. If the amount for the ordered goods has already been paid, the Seller will send the money back to the Buyer's bank account or deliver it in another way agreed between the parties.
V. Duration of the Purchase Contract
5.1. The Purchase Contract is concluded for a definite term and expires in particular upon fulfilment of all obligations of the Seller and the Buyer. In particular, the delivery and payment of the products in accordance with the concluded purchase contract. This provision shall be without prejudice to the rights of the Buyer under the statutory liability for defects in the products on the part of the Seller.
VI. Purchase price information on the purchase price
6.1. The price of goods and services ordered through the Seller's Website (hereinafter referred to as the "Purchase Price") is stated separately for each product and is valid at the moment of creating an order by the Buyer.
6.2. The Purchase Price of the goods or services listed on the Seller's Website shall be the total price of the goods or services, including all taxes, and shall be clearly stated on the Seller's Website.
6.3 The Seller reserves the right to change prices without prior notice. The prices of all goods may differ from the prices in the shops. The goods listed on this site do not serve as an offer of goods in the stores.
6.4 The price shown for the goods is only valid at the time the price is displayed to the Buyer and at the time of ordering the goods. The price of the Goods in the order shall not change when the price of the Goods is reduced or increased in the future.
VII. Delivery of products
7.1. If the Buyer has chosen cash on delivery as a form of payment for the order, the Seller is obliged to fulfill the order and deliver the products to the Buyer within 30 days from the date of conclusion of the purchase contract within the meaning of clause 4.2 et seq. of these GTC.
7.1.1. If the Buyer has chosen a form of payment for the order other than payment on delivery, the Seller is obliged to fulfil the order and deliver the products to the Buyer within a period of no later than 30 days from the date of conclusion of the Purchase Contract within the meaning of clause 4.2. et seq. of these GTC and payment of the total price of the order to the Seller. If both conditions set out in clause 7.1.1. of these GTC have been fulfilled (i.e. if the purchase contract has been concluded and the total price of the order has been paid to the Seller), the Seller is obliged to deliver the Products to the Buyer within a period of no later than 30 days from the date of fulfilment of both these conditions.
7.1.2. The delivery time for the goods in the Seller's offer is in most cases within 48 hours or within 14 days from the order confirmation (depending on the selected type of goods and the information about the delivery time specified for it), the maximum delivery time is 30 days or may be extended by agreement with the Buyer. The Seller will inform the Buyer of the delivery period and the delivery date when confirming the order by telephone. If the Buyer is not satisfied with the notified extended delivery time, he has the option to cancel the order in accordance with clause 4.6 of these Terms and Conditions.
7.2 The place of collection is determined on the basis of the Buyer's order. Delivery of the goods to the designated place shall be deemed to be fulfilment of the delivery.
7.3 The Goods are adequately packed and secured. The Buyer is obliged to check the integrity of the consignment upon receipt of the goods and at the same time to check the contents of the consignment and if he finds that the contents of the consignment are different or the consignment has arrived incomplete, the Buyer is obliged to contact the Seller as soon as possible, but no later than within 2 working days of receipt of the consignment.
7.4 Together with the goods, the Seller shall deliver to the Buyer an invoice (tax document), a delivery note. The Seller shall also deliver together with the goods the instruction manual and the warranty card if required by the nature of the goods.
7.5 The Seller is liable for the Goods until they have been accepted by the Buyer. The goods shall be deemed to have been accepted by the Buyer from the time when the Buyer acknowledges receipt of the goods in writing.
7.6 The Seller shall not be liable for late delivery of the ordered goods to the Buyer caused by the carrier. Damage to the shipment caused by the carrier shall be the full responsibility of the carrier. Such cases shall be settled by the Seller by delivery of new goods to the Buyer after payment of all damages by the carrier.
7.7 The Seller reserves the right to change the delivery of goods by Slovak Post to courier service only if the consignment is heavier than 10 kg or its dimensions do not comply with the transport conditions of Slovak Post, change the delivery of goods by courier company to the collection point for delivery by courier company to the address, if the dimensions of the consignment do not comply with the transport conditions of the courier company. The Seller may not change the price for the shipping method chosen by the Buyer.
VIII. Transfer of ownership
8.1. The title to the sold item and the risk of accidental destruction, accidental deterioration and loss of the item shall pass to the Buyer at the time of delivery.
IX. Methods of payment
9.1 You may pay for goods and services on the Seller's Website using the following methods:
9.1.1. payment by cash on delivery
9.1.2. payment upon personal collection at the shop
9.1.3. payment by deposit or transfer to the Seller's account
9.2. The Seller reserves the right to change the type of payment from cash on delivery to transfer to account if the customer has not received the goods in previous periods or has cancelled the order after it has been sent. The Seller is obliged to inform the Customer of this by e-mail. The customer has the right to cancel the order free of charge after such a change.
XX. Shipping charges - methods of transport of products and price for their transport
10.1 The purchase price of the goods or services does not include transport costs or other costs related to the delivery of the products
a) by courier service, the price of transport is 4,80€ with VAT,
b) by Slovak Post with delivery to the post office. The price of transport is 4,90€ with VAT,
c) when delivered to a country other than the Slovak Republic, the goods are delivered by courier service only. The price of delivery to the Czech Republic is 6,50€ with VAT.
10.2 Methods of delivery and price for delivery of ordered products:
10.2.1 Forms of Transport:
10.2.1.1. Slovak Post
10.2.1.2. Courier service
10.2.1.3. The Seller informs the Buyer about the forms of transport that the Buyer can choose on the Seller's website during the purchase process, prior to the conclusion of the Purchase Contract, since the price of transport cannot be determined, prior to the determination of the delivery address of the products.
XI. Withdrawal of the Buyer from the Purchase Contract without stating a reason
11.1 The consumer has the right to withdraw from the contract concluded at a distance and from the contract concluded outside the business premises of the Seller without stating a reason within the time limit pursuant to Article XII, paragraphs 12.1 to 12.3 of these GTC, except for the contract, the subject of which is:
11.2 Provision of a service where there has been full provision of the service and the provision of the service has commenced before the expiry of the withdrawal period with the express consent of the consumer and the consumer has declared that he has been duly advised that by expressing his consent he loses the right to withdraw from the contract once the service has been fully provided, if the consumer is obliged to pay the price under the contract,
11.3 The supply or provision of a product, the price of which depends on price movements in the financial market which are beyond the Seller's control and which may occur during the withdrawal period,
11.4 Delivery of goods made to the consumer's specifications or custom-made goods,
11.5 Delivery of goods subject to rapid deterioration or perishability,
11.6 Delivery of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons if the protective packaging has been broken after delivery,
11.7 Delivery of goods which, by their nature, may be inextricably mixed with other goods after delivery,
11.8 the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, the delivery of which can take place at the earliest after 30 days and the price of which depends on market price movements beyond the control of the Seller,
11.9. The performance of urgent repairs or maintenance during a visit to the consumer's premises which the consumer has expressly requested from the Seller; this does not apply to a contract the subject matter of which is the provision of a service other than repair or maintenance and to a contract the subject matter of which is the supply of goods other than a spare part necessary for the performance of the repair or maintenance, if the contracts were concluded during the Seller's visit to the consumer's premises and the consumer has not ordered those goods or services in advance,
11.10. Delivery of sound recordings, video recordings, audiovisual recordings or software in protective packaging that has been damaged after delivery,
11.11. The supply of periodicals, other than those supplied under a subscription contract,
11.12. Goods purchased at public auction,
11.13. The provision of accommodation services for purposes other than housing, the transport of goods, the hire of cars, the provision of catering services or the provision of services related to leisure activities, if, according to the contract, the Seller is to provide these services at a precisely agreed time or within a precisely agreed time limit,
11.14. The supply of digital content which the Seller supplies otherwise than on a tangible medium, where the supply of the digital content has commenced and the consumer has expressly consented to the commencement of the supply of the digital content before the expiry of the withdrawal period, has declared that he has been duly informed that, by giving his consent, he loses the right to withdraw from the contract by the commencement of the supply of the digital content, and the Seller has provided the consumer with a confirmation pursuant to section 17(1)(b) of the contract. 12(b) or 13(b) of Act No 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended, if the consumer is obliged to pay the price under the contract.
11.15. Clause 11.1. of these Terms and Conditions shall not apply to a Buyer who is not a Consumer in relation to a Consumer Contract.
XII. Exercise of the right of withdrawal from a distance contract and a contract concluded away from the Seller's business premises
12.1 The consumer may withdraw from a contract concluded at a distance or from a contract concluded outside the Seller's business premises within
a) 14 days from the date of the consumer's receipt of the goods pursuant to point 12.4. the conclusion of a contract the subject of which is the provision of a service, the conclusion of a contract for the supply of water which is not for sale in a limited volume or in a specified quantity, and a contract for the supply and withdrawal of heat, the conclusion of a contract for the supply of digital content which the Seller supplies otherwise than on a tangible medium,
b) 30 days from the date of conclusion of the contract on or in connection with an unsolicited visit or at or in connection with a sales event.
12.2 If the Seller has provided the Buyer with specific information regarding the instruction on the consumer's right to withdraw from a distance contract and a contract concluded away from the Seller's business premises only subsequently, but no later than 12 months after the start of the withdrawal period pursuant to clause 12.1, the consumer may withdraw from the distance contract or the contract concluded away from the Seller's business premises within the following time limits
a) 14 days from the date on which the Seller subsequently complied with the information obligation, if the time limit under 12.1(a) is running, or
b) 30 days from the date on which the Seller has subsequently complied with the information obligation, if the time limit under paragraph 12.1 is running.
12.3 If the Seller has not provided the consumer with specific information regarding the instruction on the consumer's right to withdraw from the distance contract and the off-premises contract, even pursuant to paragraph 12.2, the consumer may withdraw from the distance contract or the off-premises contract within 12 months from the expiry of the period referred to in paragraph 12.1.
12.4 The goods shall be deemed to have been accepted by the consumer when the consumer or a third party designated by the consumer, other than the carrier, accepts all parts of the ordered goods, or when the consumer or a third party designated by the consumer, other than the carrier, accepts
a) the goods ordered by the consumer in a single order are delivered separately, at the moment of receipt of the goods that were delivered last,
b) he delivers goods consisting of several parts or pieces, at the time of taking delivery of the last part or piece,
c) supplies goods repeatedly over a period of time, from the time of receipt of the first goods.
12.5 The Consumer may withdraw from a contract concluded at a distance or from a contract concluded away from the Seller's premises, the subject of which is the delivery of goods, even before the withdrawal period has started.
12.6 The Consumer may exercise the right to withdraw from a contract concluded at a distance or from a contract concluded away from the Seller's business premises in paper form or in the form of a record on another durable medium and, if the contract was concluded verbally, any unequivocally formulated statement of the Consumer expressing the Consumer's wish to withdraw from the contract (hereinafter referred to as the "withdrawal notice") shall be sufficient to exercise the Consumer's right to withdraw from the contract. The consumer may use the model withdrawal form.
You can download the withdrawal form at the following link: https://www.catus-airsoft.eu/www/upload/filemanager/withdrawal_from_the_contract_en.pdf
12.7 The withdrawal period under paragraphs 12.1. to 12.3. shall be deemed to have been observed if the consumer sends a withdrawal notice to the Seller no later than on the last day of the period.
12.8 The Consumer may only withdraw from the contract in relation to a specific product or products if the Seller has supplied or provided several products on the basis of a distance contract or a contract concluded away from the Seller's business premises
12.9 The burden of proving that the right of withdrawal has been exercised shall be on the Consumer.
XIII. Consumer's rights and obligations after withdrawal from a distance contract and a contract concluded away from the Seller's business premises
13.1 Within 14 days from the date of withdrawal from the distance contract or from the contract concluded outside the Seller's premises pursuant to point 12.1, the consumer is obliged to send back the goods or hand them over to the Seller or to a person designated by the Seller to take over the goods; this does not apply if the Seller proposes to collect the goods personally or through a person designated by the Seller. The time limit referred to in the first sentence shall be deemed to have been complied with if the consumer sends the goods to the Seller no later than the last day of the time limit.
13.2 The goods to be returned must be:
a) undamaged, unused,
b) complete (including accessories, documentation, vacuum cleaners ...),
c) including the original packaging, preferably undamaged, except in the case of product packaging that cannot be opened without damaging the integrity of the packaging,
d) including the accompanying proof of purchase.
13.3 When withdrawing from a distance contract or a contract concluded away from the Seller's premises pursuant to point 12.1, the consumer shall only bear the costs of returning the goods to the Seller or to the person designated by the Seller to take delivery of the goods; this does not apply if the Seller has agreed to bear the costs himself or if the Seller has failed to fulfil the information obligation, i.e. if the Seller has not provided the consumer with specific information regarding the instruction on the consumer's right to withdraw from the contract in the case of a distance contract and a contract concluded away from the Seller's premises.
13.4 The parcel must be sent without COD (Cost on delivery) as a parcel to the address:
Helena Žitňanová - CATUS Slovakia, Zvolenská cesta no. 46, 974 05 Banská Bystrica (we do not accept parcels with delivery to the post office).
13.5 The consumer is liable for the reduction in the value of the goods resulting from the handling of the goods which is beyond the handling necessary to ascertain the characteristics and functionality of the goods; this does not apply if the Seller has not fulfilled the information obligation pursuant to Section 15(1)(f) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended.
13.6 The consumer is obliged to pay the merchant the price for the performance actually provided until the date of delivery of the notice of withdrawal from the contract, if the consumer pursuant to § 19 paragraph 1 of Act No. 108/2024 Coll. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended, withdraws from a contract concluded at a distance or from a contract concluded away from the Seller's premises, the subject of which is the provision of a service, the supply of water not for sale in a limited volume or in a specified quantity, or the supply of heat, and before the commencement of the provision of the performance has given its express consent pursuant to Section 17(10)(c) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended.
The price for the performance actually provided shall be calculated proportionally on the basis of the total price agreed in the contract. The price for the performance actually provided shall be calculated on the basis of the market price of the performance provided, if the total price agreed in the contract is overestimated.
13.7 No further obligations or costs shall arise for the Consumer from the exercise of the right of withdrawal from a distance contract or a contract concluded away from the Seller's business premises pursuant to 11.1, other than the obligations pursuant to clauses 13.1, 13.4 to 13.6 and the obligation to pay additional costs pursuant to clause 14.3.
XIV. The rights and obligations of the Seller after the withdrawal of the consumer from the contract concluded at a distance and from the contract concluded away from the Seller's business premises
14.1 The Seller shall, within 14 days from the date of receipt of the notice of withdrawal, refund to the Consumer all payments received from the Consumer on the basis of or in connection with a distance contract, a contract concluded away from the Seller's premises or a supplementary contract, including the costs of transport, delivery, postage and other costs and charges.
14.2 The Seller is obliged to refund to the Consumer all payments pursuant to paragraph 14.1 to the extent corresponding to the withdrawal from the Contract, unless the Consumer has withdrawn from the entire distance contract or the entire off-premises contract. The Seller may not charge the consumer additional costs for transport, delivery, postage and other costs and charges.
14.3 The Seller shall not be obliged to pay additional costs to the Consumer if the Consumer has expressly chosen a method of delivery other than the cheapest normal method of delivery offered by the Seller. Additional costs means the difference between the cost of delivery chosen by the consumer and the cost of the cheapest normal method of delivery offered by the Seller.
14.4 The Seller may not require the Consumer to pay the cost of
(a) the provision of a service, the supply of water which is not for sale in a limited volume or in a specified quantity, or the supply of heat during the withdrawal period under clauses 12.1 to 12.3, irrespective of the extent of the performance provided, if:
the Seller has failed to provide the consumer with information pursuant to Section 15(1)(f) or (h) of Act No 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended, or
the consumer has not given the Seller explicit consent to commence the provision of the service or the supply of water or heat pursuant to Section 17(10)(c) of Act No 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended,
(b) the full or partial delivery of digital content which the Seller delivers otherwise than on a tangible medium, if:
the Consumer has not given the Seller explicit consent to commence the delivery of the digital content pursuant to Section 17(10)(c) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended,
the Consumer has not declared that he has been duly informed that he loses the right to withdraw from the contract by giving his consent pursuant to the first point; or
the Seller has not provided the consumer with a confirmation pursuant to Section 17(12)(b) or (13)(b) of Act No 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended.
14.5 The Seller shall not be obliged, upon withdrawal from a distance contract or a contract concluded outside the Seller's premises, the subject of which is the delivery of goods, to refund the Consumer the payments pursuant to clause 14.1. before the goods are delivered to the Consumer or until the Consumer proves that the goods have been sent back to the Seller, unless the Seller proposes to collect the goods in person or through a person designated by the Seller.
14.6 The Seller shall reimburse the Consumer for payments under clause 14.1 in the same manner as the Consumer used to make the payment; this is without prejudice to the right of the Seller to agree with the Consumer a different method of reimbursement provided that the Consumer is not charged any fees in respect of the reimbursement.
14.7.The Seller shall be obliged to arrange collection of the goods at his own expense within the time limit referred to in paragraph 14.1 if, under a contract concluded outside the Seller's premises, the goods have been delivered to the Consumer's home at the time of conclusion of the contract and, taking into account the nature of the goods, it is not possible to send the goods back to the Seller by post.
14.8 The unilateral set-off of claims of the Seller and the consumer arising from the withdrawal from the contract pursuant to clause 11.1 is prohibited.
XV. Supervisory Authority
15.1 The competent authority exercising supervision over legality in the field of consumer protection is:
Inspectorate of the Slovak Trade Inspection based in Banská Bystrica for the Banská Bystrica Region
Dolná 46, 974 00 Banská Bystrica 1
Supervision Department
Tel. no. (+421) 048/412 49 69, 048/415 18 71, 048/415 18 73
Fax No (+421) 048/412 46 93
email: bb@soi.sk
web link for submitting complaints: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi
XVI. Alternative Dispute Resolution
16.1 If the Consumer is not satisfied with the manner in which the Seller has handled his/her complaint or believes that the Seller has violated his/her rights, the Buyer has the right to contact the Seller with a request for redress. If the Seller responds to the Consumer's request under the preceding sentence in a negative manner or fails to respond to such a request within 30 days from the date of its dispatch by the Consumer, the Consumer 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 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as amended. The competent entity for alternative dispute resolution of consumer disputes with the Seller is the Slovak Trade Inspection (contact https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi), or another competent authorized 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/, or directly at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.
The consumer has the right to choose to which of the above alternative dispute resolution entities to turn.The consumer may use the online dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/ or directly on the website https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage to submit a proposal for alternative dispute resolution of his/her consumer dispute.Alternative dispute resolution can only be used by the Buyer who is acting in the capacity of a consumer when concluding and performing the contract.Alternative dispute resolution applies only to a dispute between the consumer and the Seller arising out of or relating to a consumer contract.
Alternative dispute resolution applies only to distance contracts. The ADR entity may reject the proposal if the quantifiable value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for the initiation of ADR up to a maximum of EUR 5 including VAT.
All other information regarding alternative dispute resolution between the Seller and the Buyer - consumer arising from the Purchase Contract as a consumer contract or related to the Purchase Contract as a consumer contract is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, as amended.
XVII. Additional provisions
17.1 The Seller shall not conclude a contract of sale or sell, broker or deliver alcoholic beverages /products/, tobacco products and other products to persons (Buyers) who are under 18 years of age at the time of conclusion of the contract of sale and whose sale is prohibited to persons under 18 years of age, in accordance with and in accordance with the valid and effective legislation of the Slovak Republic.
If the Buyer is under 18 years of age, or if the Buyer fails or refuses to prove his/her age, the Seller shall not hand over the order to the Buyer and the contract of sale shall be terminated
XVIII. Information on adopted Codes
18.1. The Seller informs Consumers that there are no specific relevant codes of conduct to which the Seller has committed itself to adhere, a code of conduct being an agreement or set of rules that define the Seller's conduct, which the Seller has undertaken to comply with this Code of Conduct in relation to one or more specific business practices or business sectors, unless these are provided for by law or by other legislation or action of a public authority, which the Seller has undertaken to comply with, and the manner in which the Consumer may become aware of them or obtain their text.
XIX. Consumer evaluation of products
19.1 The Seller shall not control and limit the evaluation of products to persons who have purchased the product from the Seller.
XX. DATA PROTECTION
Customer privacy: as a condition of processing your order or enquiry, we record your personal data. The provision of personal data is optional, voluntary, but if you do not provide it, we will not be able to satisfy your requests and allow you to shop in our online store.
Purpose of processing of personal data: the personal data is processed by the operator solely for the purpose of providing them to the relevant department of the Police Service of the Slovak Republic on the basis of a special regulation and, where applicable, for the purpose of making them available or providing them to other public administration bodies, if such an obligation is imposed on the operator by a generally binding legal regulation.
The scope of recipients of personal data: the Police Force of the Slovak Republic or other public administration bodies, if the obligation of the controller to make the processed personal data available to that body is established by a generally binding legal regulation.
Helena Žitňanová - CATUS Slovakia, respecting the privacy of individuals, undertakes to collect only those personal identification data (information that enables or facilitates the identification of any person, e.g. name, residence, e-mail, as well as information about a person that proves the legal right of that person to purchase in our company products subject to special procedures) that you yourself and voluntarily provide to us and that we necessarily need in order to provide the best possible service.
It will be up to you whether you tell us this information. Personal data that is part of an order and has been communicated to us during the customer registration process is considered confidential by our company and is protected against misuse. Insofar as additional documents are required to enable the purchase, all data on these documents will be treated in the manner set out in these terms and conditions.
By sending a binding order or enquiry, the purchaser grants our company an indefinite consent to the processing of personal data. Our company records and processes the personal data provided by you for the purpose of trade, service and verification of the buyer's age.
If you provide your personal data for the purpose of obtaining products (prominently marked in our offer) by a minor or underage person, even if such products can only be purchased and used by persons over 18 years of age, you assume the legal responsibility for the violation of generally binding legal regulations on yourself.
Helena Žitňanová - CATUS Slovakia undertakes not to disclose, sell or rent information about personal data obtained through our website and online shop to third parties.
Helena Žitňanová - CATUS Slovakia is obliged to disclose a necessary part of your personal data to the transport companies that provide transport of our products to you on the basis of your binding order. These companies are responsible for the protection of your personal data in accordance with the applicable Slovak law.
The provision of personal data is voluntary and optional. Helena Žitňanová - CATUS Slovakia will receive, use, store and discard your personal data in accordance with the relevant internal normative legal acts of the company, in particular in accordance with Act No. 428/2002 Coll. on the protection of personal data. Pursuant to the provisions of Section 20, Paragraph 3 of the Personal Data Protection Act, you are entitled (a) to object in writing at any time to the further processing or use of your personal data, including in the case of postal, fax, electronic or telephone communication. If you provide us with your personal data, you will be able to change or delete this data at any time, provided that you notify us by telephone, fax or e-mail.
XXI. Final Provisions
21.1 The Seller reserves the right to change the General Terms and Conditions. The obligation of written notification of the change of the General Terms and Conditions is fulfilled by placing it on the Seller's Website. In the event of a change in the General Terms and Conditions, the relationship between the Buyer and the Seller shall be governed by the General Terms and Conditions valid and effective at the time of conclusion of the Purchase and Sale Contract until its termination.
21.2 These General Terms and Conditions form an integral part of the Complaints Policy and the Privacy Policy and Privacy Notice of this Website. The documents - the Complaints Policy and the Privacy Policy and Privacy Notice of this Website are published on the domain of the Seller's Website.
21.3 These General Terms and Conditions shall come into force and effect upon their publication on the Seller's Website on 01.07.2024
COMPLAINTS PROCEDURE
Online shop https://www.catus-airsoft.eu/
I. Identification of the Seller
1.1 These Complaints Regulations (hereinafter also referred to as "the Regulations") govern the legal relations between the Company
Business name: Helena Žitňanová - CATUS Slovakia
Place of business: 97405 Banská Bystrica, Zvolenská cesta 5579/46, Slovak Republic
Registered with the District Office Banská Bystrica, Trade Register Number 601-13554
VAT: 40091911
VAT NUMBER: 1020059282
VAT ID: SK1020059282
Bank account: SK37 1100 0000 0026 2875 6195
The Seller is a VAT payer
(hereinafter also referred to as "Seller" or "Merchant") and any person who is a Buyer of products offered by the Seller on the Seller's Web site and who acts in the position of a consumer within the meaning of other provisions of these General Terms and Conditions and relevant laws defining the consumer, within the framework of the applicable legislation of the Slovak Republic, in particular the following laws: the Act No.108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended, the Act No., Act No., Act No.40/1964 Coll. Civil Code, as amended,
1.2. Email contact and telephone contact to the Seller is:
Email: reklamácie@catus.sk
Tel: +421 48 413 15 24
1.3 The address for sending complaints is:
Helena Žitňanová - CATUS Slovakia, Zvolenská cesta 46, 974 05 Banská Bystrica
1.4 The Buyer is obliged to deliver the claimed goods for claim complete including all accessories included in the package, clean, mechanically undamaged, preferably in the original packaging, including manuals, copy of the invoice, delivery note and the original warranty certificate. The buyer is obliged to send a description of the defect together with the goods.
1.5 When making a claim for airsoft guns, it is also necessary to provide the warranty certificate, which is supplied at the time of sale.
1.6 Goods for claim shall be sent by the buyer without COD and with delivery to the following address:
Helena Žitňanová - CATUS Slovakia, Zvolenská cesta no. 46, 974 05 Banská Bystrica:, otherwise the shipment will not be accepted.
II. Basic Provisions
2.1 This Complaints Procedure regulates the legal relations between Buyers who are consumers and the Seller. With the exception of contractual relations (as well as other legal relations that may arise from the contractual relationship) with Buyers who do not act in the capacity of a consumer, the provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, shall apply.
III. Exercise of the right of liability for defects
3.1 The Buyer may exercise the rights from liability for defects only if the defect has been pointed out to the Seller without undue delay, at the latest within 24 months from the acceptance of the item. If the defect is not pointed out within this period, the rights from liability for defects shall be void.
3.2 The Buyer, who does not act in the capacity of a consumer, may exercise the rights of liability for defects only if the defect has been pointed out with the Seller without undue delay, no later than 12 months after the acceptance of the item. If the defect is not pointed out within this period, the rights of liability for defects shall be void.
IV. Liability for defects
4.1 The Seller shall be liable for any defect in the sold item at the time of delivery which becomes apparent within two years from the delivery of the item.
4.2 If the object of purchase is an item with digital elements, where the digital content or digital service is to be supplied continuously for an agreed period, the Seller shall be liable for any defect in the digital content or digital service that occurs or manifests itself throughout the agreed period, but at least within two years of the delivery of the item with digital elements.
4.3 For used goods, the parties may agree on a shorter period of the Seller's liability for defects that are in paragraphs 4.1 and 4.2, but not less than one year from the delivery of the goods.
V. Rights under liability for defects
5.1 If the Seller is liable for a defect in the sold item, the Buyer has the right to have the defect removed by repair or replacement, the right to a reasonable discount on the purchase price or the right to withdraw from the purchase contract.
5.2 The Buyer may refuse to pay the purchase price or any part thereof until the Seller has fulfilled the obligations arising from liability for defects, unless the Buyer is in default of payment of the purchase price or any part thereof at the time the defect is complained of. The Buyer shall pay the purchase price without undue delay after the Seller has fulfilled its obligations.
5.3 The Buyer may exercise the rights of liability for defects, including the right under point 5.2., only if he has pointed out the defect within two months from the discovery of the defect, at the latest until the expiry of the period under points 4.1 to 4.3 of this Complaints Procedure.
5.4 The exercise of the rights of liability for defects does not exclude the right of the purchaser to compensation for damages incurred as a result of the defect.
VI. Statement of Defect
6.1.The defect may be reproached at any establishment of the Seller, at any other person of whom the Seller has informed the Buyer prior to the conclusion of the contract or prior to the dispatch of the order, or by means of long-distance communication at the address of the Seller's registered office or place of business or at any other address of which the Seller has informed the Buyer at the conclusion of the contract or after the conclusion of the contract.
6.2 If the Buyer has complained of a defect by mail which the Seller has refused to accept, the mail shall be deemed to have been delivered on the day of the refusal.
6.3 The Seller shall provide the Buyer with a written confirmation of the defect immediately after the Buyer has pointed out the defect. In the confirmation of the defect, the Seller shall specify the period within which the defect shall be removed in accordance with Section 507(1) of Act No. 40/1964 Coll., Civil Code, as amended. The period notified under the preceding sentence may not be longer than 30 days from the date of the defect, unless a longer period is justified by an objective reason beyond the Seller's control.
6.4 If the Seller refuses liability for defects, the reasons for the refusal shall be notified in writing to the Buyer. If the Buyer proves the Seller's responsibility for the defect by an expert opinion or an expert opinion issued by an accredited person, an authorized person or a notified person, the Buyer may reproach the defect repeatedly and the Seller may not refuse responsibility for the defect; the repeated reproach of the defect is not covered by § 621 paragraph 3 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended. The consumer's costs associated with the expert opinion and the expert opinion are covered by § 509(2) of Act No. 40/1964 Coll., the Civil Code, as amended.
6.5 If, prior to the conclusion of the contract or, if the contract is concluded on the basis of an order of the Buyer, prior to the dispatch of the order, the Seller has informed the Buyer that defects may be raised with another person, the act or omission of that person shall be deemed to be an act or omission of the Seller for the purposes of liability for defects.
VII. Removal of the defect
7.1 The Buyer has the right to choose to have the defect removed by replacing the item or repairing the item. The Buyer may not choose a method of removing the defect which is not possible or which would cause the Seller disproportionate costs in comparison with the other method of removing the defect, taking into account all the circumstances, in particular the value which the item would have without the defect, the seriousness of the defect and whether the other method of removing the defect would cause the Buyer significant difficulties.
7.2 The Seller may refuse to remedy a defect if repair or replacement is not possible or would require disproportionate costs taking into account all the circumstances, including the circumstances under clause 7.1 of the second sentence.
7.3 The Seller shall repair or replace the item within a reasonable time after the Buyer has pointed out the defect, free of charge, at his own expense and without causing serious inconvenience to the Buyer, taking into account the nature of the item and the purpose for which the Buyer has requested the item.
7.4 For the purpose of repair or replacement, the Buyer shall hand over or make available the item to the Seller or to a person pursuant to Section 622(5) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended. The costs of taking over the item shall be borne by the seller.
7.5 The Seller shall deliver the repaired item or a replacement item to the Buyer at its own expense in the same or similar manner as the Buyer delivered the defective item to the Seller, unless the parties agree otherwise. If the Buyer fails to take possession of the item within six months of the date on which he should have taken possession of it, the Seller may sell the item. If the item is of greater value, the Seller shall give the Buyer prior notice of the intended sale and a reasonable additional period of time to take possession of the item. Immediately after the sale, the Seller shall pay to the Buyer the proceeds of the sale of the item after deducting the costs reasonably incurred by the Seller in storing and selling the item, if the Buyer exercises the right to a share of the proceeds within a reasonable period of time specified by the Seller in the notice of intended sale of the item. The Seller may destroy the item at his own expense if it has not been sold or if the anticipated proceeds of sale will not be sufficient to cover even the costs reasonably incurred by the Seller in keeping the item and the costs which the Seller would necessarily have to incur in selling the item.
7.6 In remedying a defect, the Seller shall arrange for the removal of the item and the installation of a repaired item or a replacement item if the replacement or repair requires the removal of a defective item that was installed in accordance with its nature and purpose before the defect became apparent. The Seller and the Buyer may agree that the removal of the item and the installation of the repaired or replacement item shall be arranged by the Buyer at the Seller's expense and risk.
7.7 When removing a defect by replacing the item, the Seller is not entitled to compensation for damage caused by normal wear and tear of the item and to remuneration for normal use of the item prior to its replacement.
7.8 The Seller shall be liable for defects in the replacement item pursuant to Section 619 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended.
VIII. Liability for defects in digital performance
8.1 The Seller shall be liable for any defect in the digital performance at the time of its delivery which becomes apparent within two years of its delivery, if the digital performance is a digital performance delivered in a single delivery or as a set of individual performances.
8.2 The Seller shall remedy the defect in the digital performance within a reasonable time after the Buyer has raised the defect, free of charge and without causing serious inconvenience to the Buyer having regard to the nature of the digital performance and the purpose for which the Buyer requested the digital performance.
8.3 The Seller may refuse to remove the defect if removal is not possible or if it would cause the Seller disproportionate costs taking into account all the circumstances, in particular the value that the digital performance would have without the defect and the severity of the defect.
IX. Liability for defects in service
9.1 The Contractor shall be liable for defects in the item upon its acceptance by the Client.
9.2 If the defect is manifested within 24 months from the date on which the Buyer should have taken possession of the object, it shall be presumed that it is a defect which the object already had at the time of taking possession. This shall not apply if the contrary is proven or if this presumption is incompatible with the nature of the object or the defect."
X. Final Regulations
10.1 This Complaints Policy forms an integral part of the General Terms and Conditions and Privacy Policy and Privacy Notice of this Website. The documents - General Terms and Conditions and Privacy Policy and Privacy Notice of this Website are published on the domain of the Seller's Website.
10.2. This Complaints Procedure is valid and effective at the moment of its publication on the Seller's Website on 01.07.2024
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