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    Terms and conditions

     

    GENERAL TERMS AND CONDITIONS

    Art. 1. GENERAL PROVISIONS

    1.1 These general terms and conditions govern the rights and obligations of the contracting parties arising from the purchase contract concluded at a distance between:

    the trader, who is

    Business name: ONSA Plus s.r.o.

    Registered office: Južná trieda 119, 040 01 Košice

    VAT number: 36 234 150

    Tax ID: 2021499887
    VAT ID: SK2021499887

    entry in the Commercial Register of the District Court Košice Section: Sro, Insert no. 30361/V

    IBAN: SK6209000000005032744947 (Slovenská sporiteľňa) 

                LT143250088420920177 (Revolut Bank UAB, REVOLT21)

    Contact details: 

    tel: +421 911 999 145

    e-mail: onsaplus@onsaplus.sk

     

    and who acts in connection with the consumer contract, the obligations arising therefrom, or in the course of business practices within the scope of their entrepreneurial activity or profession, including through another person acting on their behalf or for their account.

    (hereinafter referred to as "trader")

     

    a

    the consumer, who is

     

    a natural person who, in connection with a consumer contract, an obligation arising therefrom, or in a business practice, does not act within the scope of their business activity or profession.
    (hereinafter referred to as the consumer or buyer)

                                                 

    1. GENERAL INFORMATION OBLIGATIONS OF THE MERCHANT

    2.1 The main characteristics of the product are stated for each type of product offered in the form of a product description provided in the merchant's e-shop.

    2.2 The trade name, telephone number, and registered office or place of business of the merchant or the person on behalf of whom the merchant acts: as stated in Article 1 of these Terms and Conditions.

    2.3 The selling price of the product: is stated for each offered product.

    2.4 Costs for transportation, delivery, shipping, and other costs and fees: stated in Article 8. delivery conditions.

    2.5 Additional costs and fees may be included in the total price if the costs and fees cannot be determined in advance. The buyer will be informed about these additional costs and fees before concluding the contract.

    2.6 Conditions of performance: the trader undertakes:

    - deliver the product according to the purchase contract,

    - make the product available to the buyer at the location agreed upon in the contract, 

    - pack the product in appropriate packaging at the buyer's expense, 

    - inform the buyer in a reasonable time when the product will be available (the trader or a third party – the delivery company will continuously inform the buyer about the status of processing and delivery of the subject of the contract via electronic communication),

    - bear the risk and all costs associated with the product until it is handed over to the buyer,

    - allow the buyer to acquire ownership rights to the product.

    2.7 The buyer shall timely take over the product and pay the purchase price.

    2.8 The moment of fulfillment of the purchase is the delivery of the product to the buyer and the payment of the agreed price for the product by the buyer.

    2.9 The place of fulfillment is the address designated by the buyer in the contract, where the transfer of ownership rights will also take place.

    2.10 The payment terms, delivery terms, and the deadline by which the trader commits to deliver or provide the product are specified in Article 8 of these terms and conditions.

    2.11 Existence and duration of the merchant's statutory liability for product defects: The merchant is liable for defects that the sold product has at the time of receipt by the buyer. For products sold at a lower price, the merchant is not liable for a defect for which a lower price was agreed upon. Unless it concerns products that spoil quickly or used products, the merchant is liable for defects that occur after the product is received during the warranty period (warranty). The availability of consumer warranty is governed by § 626 of the Civil Code as amended.

    2.12 The warranty period is 24 months. If a usage period is indicated on the sold product, its packaging, or the instructions attached to it, the warranty period shall not expire before the end of this period. Rights arising from liability for product defects, for which the warranty period applies, shall expire if not asserted within the warranty period.

    2.13 Rights arising from liability for defects in products that spoil quickly must be asserted no later than the day following the purchase; otherwise, the rights shall expire. If it is a used product, the rights from liability for defects shall expire if they have not been asserted within 24 months from the date of acceptance of the used product by the buyer, or the merchant and the buyer may agree on a shorter warranty period, but not shorter than 12 months.

    2.14   Procedure for asserting rights from liability for product defects:

    - A defect may be asserted at any establishment of the seller, with another person of whom the seller informed the buyer before concluding the contract or before sending the order, or by means of remote communication at the address of the seller's registered office or place of business, or at another address of which the seller informed the buyer when concluding the contract or after the conclusion of the contract.

    - If the buyer raises a defect via postal shipment that the trader refused to accept, the shipment is considered delivered on the day of refusal.

    - The trader will provide the buyer with a written confirmation of the defect raised without delay after the buyer raises the defect. In the confirmation of the defect raised, the trader will specify the deadline within which the defect will be remedied in accordance with § 507 paragraph 1 of the Civil Code. The deadline communicated according to the previous sentence must not exceed 30 days from the day the defect was raised, unless a longer deadline is justified by an objective reason that the seller cannot influence.

    - If the trader denies responsibility for defects, the reasons for the denial must be communicated in writing to the buyer. If the buyer proves the seller's liability for a defect through an expert opinion or professional statement issued by an accredited person, authorized person, or notified person, they may raise the defect repeatedly, and the trader cannot deny responsibility for the defect; the repeated raising of the defect is not subject to § 621 paragraph 3 of the Civil Code. The costs incurred by the consumer related to the expert opinion and professional statement are governed by § 509 paragraph 2 of the Civil Code.

    - If, before the conclusion of the contract or if the contract is concluded based on the buyer's order, the merchant informed the buyer that defects may also be attributed to another person, the actions or omissions of this person shall be considered as actions or omissions of the merchant for the purposes of liability for defects.

    2.15 Conditions of after-sales service: Due to the variety of products offered, the merchant informs the consumer that in case of the need for service of the purchased product, information about the person providing service for the purchased product will be promptly provided to him upon his request/electronically or in another form/.

    2.16 Duration of the contract: the contract is concluded for a specific period, until the expiration of the warranty period of the sold product.

    2.17 Information about the functionality of items with digital elements, digital content, and digital services, including available technical protective measures: The trader does not sell products with digital elements or digital content.

    2.18 Information about the compatibility and interoperability of the product with digital elements, digital content, and digital services that are known to the trader or that can reasonably be expected to be known to the trader: The trader does not sell items with digital elements or digital content.

    2.19 The buyer has the right to contact the seller with a request for remedy if he is not satisfied with the way the seller handled his complaint or if he believes that the seller has violated his rights. The buyer has the right to submit a proposal for the initiation of alternative dispute resolution (hereinafter referred to as the 'proposal') to an alternative dispute resolution entity if the seller responded negatively to the request for remedy or did not respond to it within 30 days from the date of its submission.

    2.20 The subject of alternative dispute resolution is the Slovak Trade Inspection, except for disputes arising from contracts for connection to the distribution system, contracts for connection to the distribution network, contracts for bundled electricity supply, contracts for bundled gas supply, contracts for the supply and consumption of heat, contracts for the supply of drinking water, and contracts for the disposal of wastewater concluded with an entity performing regulated activities according to special regulations, except for disputes arising from contracts for the provision of financial services, disputes arising from contracts for the provision of public services related to the quality and price of services, and except for contracts for the provision of postal services related to postal services and postal payment transactions.

    2.21 The subjects of alternative dispute resolution also include authorized legal entities published on the website: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1

    2.22 The consumer shall not pay a different selling price for the product than that stated for the offered product. In the event that a situation arises where the selling price of the product is actually different, the buyer is obliged to pay this price only if they expressly agreed to this payment before concluding the contract or before sending the order, if the contract is concluded based on the buyer's order. The merchant does not offer the buyer default options that require an action from the consumer to refuse them in order to avoid incurring additional costs.

    2.23 The above-mentioned information in points 2.19 - 2.22 is also published on the merchant's website in the section: Information and Instructions for the Consumer.

     

    1. SPECIAL INFORMATION OBLIGATIONS OF THE MERCHANT

     

    3.1 The merchant's email address: onsaplus@onsaplus.sk

    3.2 Other means of online communication: SMS to the phone number: +421 911 999 145

    3.3 The trader acts solely in their own name and at their own responsibility, and the consumer may assert rights from liability for product defects, withdrawal from the contract, request for remedy, or submit another request at the address specified in Article 1 of the Terms and Conditions.

    3.4 The trader does not set the selling price based on automated decision-making, including profiling of a specific consumer.

    3.5 The price at an increased rate for the use of means of distance communication used when concluding the contract: 0.00 euros.

    3.6 Right of withdrawal from a distance contract and a contract concluded outside the operational premises of the trader:

    3.6.1 The consumer has the right to withdraw from a distance contract and from a contract concluded outside the operational premises of the trader without giving any reason within the period according to § 20 para. 1 to 3 of Act No. 108/2024 Coll. (hereinafter also referred to as the law in various grammatical forms), except for contracts whose subject matter is:  
    a) provision of service, if

    1. the service has been fully provided and
    2. the provision of the service began before the expiration of the deadline for withdrawal from the contract with the express consent of the consumer, and the consumer declared that he was properly informed that by expressing consent he loses the right to withdraw from the contract after the full provision of the service, if according to the contract the consumer is obliged to pay the price,
    3. b) delivery or provision of a product whose price depends on fluctuations in prices on the financial market that the trader cannot influence and which may occur during the deadline for withdrawal from the contract,
    4. c) delivery of goods made according to the specifications of the consumer or goods made to measure,
    5. d) delivery of goods that are subject to rapid deterioration or destruction,
    6. e) delivery of goods enclosed in protective packaging that cannot be returned for reasons of health protection or hygiene if the protective packaging has been damaged after delivery,
    7. f) delivery of goods that, due to their nature, may be inseparably mixed with other goods after delivery,
    8. g) delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, provided that their delivery can take place no earlier than 30 days and their price depends on market price fluctuations that the trader cannot influence,
    9. h) the execution of urgent repairs or maintenance during a visit to the consumer, which the consumer expressly requested from the merchant; this does not apply to a contract whose subject is the provision of a service other than repair or maintenance, and to a contract whose subject is the delivery of goods other than a spare part necessary for the execution of repair or maintenance, if the contracts were concluded during the merchant's visit to the consumer and the consumer did not order these goods or services in advance,
    10. i) delivery of audio recordings, image recordings, audiovisual recordings, or software in protective packaging that has been damaged after delivery,
    11. j) delivery of periodical press except for its delivery based on a subscription contract,
    12. k) goods purchased at a public auction,
    13. l) provision of accommodation services for purposes other than housing, transport of goods, car rental, provision of catering services, or provision of services related to leisure activities, if the contract stipulates that the trader must provide these services at a precisely agreed time or within a precisely agreed period,
    14. m) delivery of digital content that the trader provides otherwise than on a tangible medium, if
    15. the delivery of digital content has begun and
    16. the consumer has given explicit consent to the commencement of the delivery of digital content before the expiration of the deadline for withdrawal from the contract, has declared that he has been duly informed that by expressing consent he loses the right to withdraw from the contract upon the commencement of the delivery of digital content, and the trader has provided the consumer with confirmation according to the law § 17 para. 12 letter b) or para. 13 letter b), if the consumer is obliged to pay the price according to the contract.

    3.6.2 The consumer has the right to withdraw from the contract without stating a reason within the period according to the law § 20 para. 1 letter b), para. 2 letter b) and para. 3, if the consumer and the merchant concluded the contract according to paragraph 1 letter a) to c) or letter e) at a sales event or during an unsolicited visit.

    3.6.3 The consumer loses the right to withdraw from the contract concluded at a distance or outside the operational premises of the merchant, the subject of which is the performance of repairs, at the moment of complete provision of the service, if the consumer expressly requested the merchant to visit for the purpose of performing the repair and the performance began with the prior express consent of the consumer.

     

    1. EXERCISE OF THE RIGHT OF WITHDRAWAL FROM A DISTANCE CONTRACT AND FROM A CONTRACT CONCLUDED OUTSIDE THE OPERATIONAL PREMISES OF THE MERCHANT

     

    4.1 The consumer may withdraw from the contract concluded at a distance and from the contract concluded outside the operational premises of the merchant, without stating a reason, within the period of:

    1. a) 14 days from the day
    2. of acceptance of the goods by the consumer - the goods are considered accepted by the consumer at the moment when the consumer or a third party designated by them, other than the carrier, takes possession of all parts of the ordered goods, or if

    - goods ordered by the consumer in a single order are delivered separately, at the moment of acceptance of the goods that were delivered last,

    - delivers goods consisting of multiple parts or pieces, at the moment of acceptance of the last part or piece,

    - goods are delivered repeatedly over a certain period, at the moment of acceptance of the first goods.

    1. conclusion of a contract whose subject is the provision of service,
    2. conclusion of a contract for the supply of water that is not for sale in a limited volume or in a specified quantity, and a contract for the supply and removal of heat,
    3. conclusion of the contract for the supply of digital content that the merchant provides otherwise than on a tangible medium,
    4. b) 30 days from the date of conclusion of the contract in the case of an unsolicited visit or in connection with it or at a sales event or in connection with it.

    4.2 If the merchant provides the consumer with information about the consumer's right to withdraw from the contract according to § 19 para. 1, Act No. 108/2024 Coll., the conditions, deadlines, and procedure for exercising the right to withdraw from the contract, and the merchant also provides the consumer with a sample withdrawal form according to Annex No. 2 of Act No. 108/2024 Coll., subsequently, no later than 12 months from the start of the deadline for withdrawal from the contract according to paragraph 1, the consumer may withdraw from the contract concluded at a distance or from the contract concluded outside the operational premises of the merchant until:

    1. a) 14 days from the day when the merchant subsequently fulfilled the information obligation, if it concerns the expiration of the deadline according to paragraph 1 letter a), or
    2. b) 30 days from the day when the merchant subsequently fulfilled the information obligation, if it concerns the expiration of the deadline according to paragraph § 19 subsection 1 letter b) of Act No. 108/2024 Coll.

    4.3 If the merchant does not provide the consumer with information about the instruction on the consumer's right to withdraw from the contract according to § 19 subsection 1 of Act No. 108/2024 Coll., the conditions of Act No. 108/2024 Coll., the deadline, and the procedure for exercising the right to withdraw from the contract, and the merchant also does not provide the consumer with a sample form for withdrawal from the contract according to Annex No. 2 of the Act, nor according to subsection § 20, subsection 2 of the Act, the consumer may withdraw from the contract concluded at a distance or from the contract concluded outside the operational premises of the merchant within 12 months from the expiration of the deadline according to § 20 subsections 1 to 3 of Act No. 108/2024 Coll., except for contracts whose subject matter is:

    1. a) provision of service, if
    2. the service has been fully provided and
    3. the provision of service began before the expiration of the deadline for withdrawal from the contract with the explicit consent of the consumer, and the consumer declared that they were properly informed that by expressing consent, they lose the right to withdraw from the contract after the full provision of the service, if according to the contract the consumer is obliged to pay the price,
    4. b) delivery or provision of a product whose price depends on fluctuations in prices on the financial market that the trader cannot influence and which may occur during the deadline for withdrawal from the contract,
    5. c) delivery of goods made according to the specifications of the consumer or goods made to measure,
    6. d) delivery of goods that are subject to rapid deterioration or destruction,
    7. e) delivery of goods enclosed in protective packaging that cannot be returned for reasons of health protection or hygiene if the protective packaging has been damaged after delivery,
    8. f) delivery of goods that, due to their nature, may be inseparably mixed with other goods after delivery,
    9. g) delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, provided that their delivery can take place no earlier than 30 days and their price depends on market price fluctuations that the trader cannot influence,
    10. h) the execution of urgent repairs or maintenance during a visit to the consumer, which the consumer expressly requested from the merchant; this does not apply to a contract whose subject is the provision of a service other than repair or maintenance, and to a contract whose subject is the delivery of goods other than a spare part necessary for the execution of repair or maintenance, if the contracts were concluded during the merchant's visit to the consumer and the consumer did not order these goods or services in advance,
    11. i) delivery of audio recordings, image recordings, audiovisual recordings, or software in protective packaging that has been damaged after delivery,
    12. j) delivery of periodical press except for its delivery based on a subscription contract,
    13. k) goods purchased at a public auction,
    14. l) provision of accommodation services for purposes other than housing, transport of goods, car rental, provision of catering services, or provision of services related to leisure activities, if the contract stipulates that the trader must provide these services at a precisely agreed time or within a precisely agreed period,
    15. m) delivery of digital content that the trader provides otherwise than on a tangible medium, if
    16. the delivery of digital content has begun and
    17. the consumer has given explicit consent for the delivery of digital content to commence before the expiration of the deadline for withdrawal from the contract, declared that he has been properly informed that by expressing consent he loses the right to withdraw from the contract upon the commencement of the delivery of digital content, and the trader has provided the consumer with confirmation of the consumer's declaration according to § 17 paragraph 10 letter b) of the law. b) of the law and confirmation of the consumer's explicit consent according to paragraph § 17, paragraph 10 letter c) of the law or according to § 17 paragraph 15 of Act No. 251/2012 Coll., if provided by the consumer, or § 17 paragraph 13 letter b) of the law, if the consumer is obliged to pay the price according to the contract.

    4.4 The consumer has the right to withdraw from the contract without stating a reason within the period according to § 20 para. 1 letter b), para. 2 letter b) and para. 3 of Act No. 108/2024 Coll., if the consumer and the merchant concluded the contract according to § 19 paragraph 1 letters a) to c) or letter e) of Act No. 108/2024 Coll. during a sales promotion or during an unsolicited visit.

    4.5 The consumer loses the right to withdraw from the contract concluded at a distance or outside the operational premises of the merchant at the moment of complete provision of the service, which is the subject of repairs, if the consumer expressly requested the merchant to visit for the purpose of carrying out the repairs and the performance began with the prior express consent of the consumer.

     

    Procedure for exercising the right of withdrawal from the contract: in the folder withdrawal form of the contract, the form for withdrawal from the contract provided at https://bit.ly/onsaplus-dispute-form instructions are also included on how to fill out and deliver the form to the trader for the purpose of exercising the right of withdrawal from the contract.

     

    4.6 The consumer is obliged to bear the costs of returning the goods after withdrawal from the contract according to § 19 para. 1, Act No. 108/2024 Coll., and if the consumer withdraws from a contract concluded at a distance, they are also obliged to bear the costs of returning goods that, due to their nature, cannot be returned by post,

    4.7 The consumer is not entitled to withdraw from the contract which subject is:
    a) provision of service, if
    1. the service has been fully provided and
    2. the provision of service began before the expiration of the deadline for withdrawal from the contract with the explicit consent of the consumer, and the consumer declared that they were properly informed that by expressing consent, they lose the right to withdraw from the contract after the full provision of the service, if according to the contract the consumer is obliged to pay the price,
    b) delivery or provision of a product whose price depends on fluctuations in prices on the financial market that the trader cannot influence and which may occur during the deadline for withdrawal from the contract,
    c) delivery of goods made according to the specifications of the consumer or goods made to measure,
    d) delivery of goods that are subject to rapid deterioration or destruction,
    e) delivery of goods enclosed in protective packaging that cannot be returned for reasons of health protection or hygiene if the protective packaging has been damaged after delivery,
    f) delivery of goods that, due to their nature, may be inseparably mixed with other goods after delivery,
    g) delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, provided that their delivery can take place no earlier than 30 days and their price depends on market price fluctuations that the trader cannot influence,
    h) the execution of urgent repairs or maintenance during a visit to the consumer, which the consumer expressly requested from the merchant; this does not apply to a contract whose subject is the provision of a service other than repair or maintenance, and to a contract whose subject is the delivery of goods other than a spare part necessary for the execution of repair or maintenance, if the contracts were concluded during the merchant's visit to the consumer and the consumer did not order these goods or services in advance,
    i) delivery of audio recordings, image recordings, audiovisual recordings, or software in protective packaging that has been damaged after delivery,

    1. j) delivery of periodical press except for its delivery based on a subscription contract,
    2. k) goods purchased at a public auction,
    3. l) provision of accommodation services for purposes other than housing, transport of goods, car rental, provision of catering services, or provision of services related to leisure activities, if the contract stipulates that the trader must provide these services at a precisely agreed time or within a precisely agreed period,
    4. m) delivery of digital content that the trader provides otherwise than on a tangible medium, if
    5. the delivery of digital content has begun and
    6. the consumer has given explicit consent to the commencement of the supply of digital content before the expiry of the deadline for withdrawal from the contract, has declared that he has been properly informed that by expressing consent he loses the right to withdraw from the contract upon the commencement of the supply of digital content, and the trader has provided the consumer with confirmation according to § 17 para. 12 letter b) or para. 13 letter b), Act No. 108/2024 Coll., if the consumer is obliged to pay the price according to the contract.

    4.8 Minimum duration of the consumer's obligation: until the product is accepted.

    4.8.1 The consumer has the obligation to accept the subject of the contract, either in person, for digital products at the specified email address, or through an authorized person upon delivery, which has been previously agreed upon with them. The duration of this obligation is until the subject of the contract is accepted.

    4.8.2 The consumer has the obligation to pay for the subject of the contract. The duration of this obligation is no later than upon delivery of the subject of the contract.

    4.9 Instruction on the obligation of the consumer to pay an advance payment or provide another financial guarantee: If the merchant requests the consumer to pay an advance payment, or to provide another financial guarantee because the subject of the contract needs to be modified at the request of the consumer, obtained with different properties than those specified in the offered product, or manufactured according to the consumer's requirements, the consumer is obliged to pay the advance payment or provide another financial guarantee in the amount determined by mutual agreement to the merchant's account specified in Article 1 of these terms and conditions.

    4.10 Information on the exercise of the consumer's right to withdraw from the contract concluded at a distance and the contract concluded outside the operational premises of the merchant is provided at the link:  https://www.onsaplus.eu/sk/poucenie-spotrebitel/

    4.11 The information provided above forms an integral part of the contract concluded at a distance or the contract concluded outside the operational premises of the merchant and may only be amended with the express consent of both parties.

    4.12 The merchant is obliged to ensure that, at the latest at the beginning of the order creation process by the consumer, the online interface is marked with clear and legible information about any delivery restrictions or provision of the product and information about the payment methods that the consumer may use to pay the price.

    4.13 The trader, in a contract concluded at a distance through electronic means, shall, prior to sending the order by the consumer, explicitly, clearly, and understandably provide the information according to:

    - § 5 para. 1 letter. a): the main characteristics of the product, to the extent appropriate to the type and nature of the product, are stated for each offered product in written form,

    - § 5 para. 1 letter d) of Act No. 108/2024 Coll., the selling price of the product (PC) is stated for each offered product. If, due to the nature of the product, the selling price cannot be determined in advance, the selling price shall be calculated as follows: PC = (the merchant's costs for acquiring or producing the product + the merchant's profit margin) x VAT at the legally established rate.

    - The costs of transport, delivery, shipping, and other costs and fees are specified in the section Delivery Conditions.

    - According to § 5 para. 1 letter i) of Act No. 108/2024 Coll., the duration of the contract is: until the expiration of the warranty period of the subject of the contract, if it is a contract concluded for a definite period.

    4.14 The Trader ensured that the consumer explicitly confirmed upon sending the order that they were informed of the obligation to pay the price. To send the order, it is necessary to press the button 'order with payment obligation' in the step 'sending/confirming the order', which clearly indicates that sending the order entails the consumer's obligation to pay the price.

    4.15 Additional costs and fees may be included in the total price if such costs and fees cannot be determined in advance.

    4.16 The consumer is obliged to bear the costs of returning the goods after withdrawal from the contract according to § 19 para. 1 of Act No. 108/2024 Coll., and if the consumer withdraws from a contract concluded at a distance, also the costs of returning goods that, due to their nature, cannot be returned by post.

    4.17 The consumer may withdraw from a contract concluded at a distance or from a contract concluded outside the operational premises of the merchant, the subject of which is the delivery of goods, even before the deadline for withdrawal from the contract begins to run.

    4.18 The consumer may exercise the right to withdraw from a contract concluded at a distance or from a contract concluded outside the operational premises of the trader in written form or in the form of a record on another durable medium, and if the contract was concluded orally, the exercise of the consumer's right to withdraw from the contract requires any clearly formulated statement by the consumer expressing the consumer's intention to withdraw from the contract (hereinafter referred to as the 'notification of withdrawal from the contract'). The consumer may use the sample form for withdrawal from the contract according to Annex No. 2 of Act No. 108/2024 Coll.

    4.19 The deadline for withdrawal from the contract according to § 20 paragraphs 1 to 3 of Act No. 108/2024 Coll. is considered to be met if the consumer sends a notification of withdrawal from the contract to the trader no later than the last day of the deadline.

    4.20 In case of doubts about the delivery, the notification of withdrawal from the contract sent by the consumer is considered delivered upon the expiration of a reasonable time for the method of delivery used, if the consumer can prove the sending of the notification of withdrawal from the contract to the address that the trader notified the consumer according to § 5 paragraph 1 letter b) or § 15 paragraph 1 letters a) to c) of Act No. 108/2024 Coll., or to another address that the trader notified the consumer after the conclusion of the contract. The notification of withdrawal from the contract is considered delivered on the day it is sent to the trader at the address according to the first sentence, if the postal shipment containing the notification of withdrawal from the contract cannot be delivered to the trader for reasons according to § 34 paragraph 3 letters a, b, d of Act No. 324/2011 Coll. on postal services as amended.

    4.21 The trader is obliged to promptly provide the consumer with confirmation of receipt on a durable medium after receiving the notice of withdrawal from the contract, if the consumer has withdrawn from the contract using a special function or form for withdrawal from the contract, which are available in the trader's online interface.

    4.22 The consumer may withdraw from the contract only in relation to a specific product or products if the trader has delivered or provided multiple products based on a contract concluded at a distance or a contract concluded outside the operational premises of the trader.

    4.23 The effects of withdrawal from a distance contract or a contract concluded outside the operational premises of the merchant also apply to any supplementary contract to the contract from which the consumer has withdrawn; this does not apply if the parties expressly agree on a further duration of the supplementary contract.

    4.24 A supplementary contract as referred to in the previous point means any contract for the delivery or provision of an additional product related to the subject of the distance contract or a contract concluded outside the operational premises of the merchant, regardless of whether the product is delivered or provided by the merchant or another person based on an agreement with the merchant.

    4.25 The trader or another person may, in connection with the termination of the supplementary contract pursuant to § 20 paragraph 11 of Act No. 108/2024 Coll., require the consumer only to cover the costs according to § 21 paragraphs 3 and 5 and § 22 paragraph 3 of Act No. 108/2024 Coll.

    4.26 The burden of proof for the exercise of the right to withdraw from the contract lies with the consumer.

     

    1. INFORMATION ON THE EXERCISE OF THE CONSUMER'S RIGHT TO WITHDRAW FROM A CONTRACT CONCLUDED AT A DISTANCE AND FROM A CONTRACT CONCLUDED OUTSIDE THE OPERATIONAL PREMISES OF THE MERCHANT

     

    5.1. Right of withdrawal from the contract

     

    5.1.1 The consumer has the right to withdraw from this contract without giving any reason within 14 days from the day of acceptance of the product by the consumer according to § 20 para. 4 of Act No. 108/2024 Coll. The product is considered accepted by the consumer at the moment when the consumer or a third party designated by them, other than the carrier, takes possession of all parts of the ordered product, or if:

    1. a) products ordered by the consumer in a single order are delivered separately, at the moment of acceptance of the product that was delivered last,
    2. b) delivers a product consisting of multiple parts or pieces, at the moment of acceptance of the last part or piece,
    3. c) delivers the product repeatedly over a certain period, at the moment of acceptance of the first product.

     

    5.1.2 The period for withdrawal from the contract expires 14 days after the day when the consumer or a third party designated by them, other than the carrier, takes possession of the goods.

     

    5.1.3 When exercising the right to withdraw from the contract, the consumer informs the merchant of their decision to withdraw from this contract by a clear statement (for example, a letter sent by post or an email) to the address: ONSA Plus s.r.o., Južná trieda 119, 040 01 Košice, VAT number: 36 234 150, tel: +421 911 999 145, email: onsaplus@onsaplus.sk. For this purpose, the consumer may also use the sample withdrawal form that was provided or sent; however, its use is not mandatory.

    5.1.4 If the consumer is interested, they may fill out and send the sample withdrawal form or any other unequivocal statement of withdrawal from the contract electronically via the merchant's website: https://bit.ly/onsaplus-dispute-form. If the consumer takes advantage of this option, the acceptance of the withdrawal from the contract will be promptly confirmed to them on a durable medium (for example, by email).

    5.1.5 The deadline for withdrawal from the contract is preserved if the consumer sends a notification of the exercise of the right to withdraw from the contract before the deadline for withdrawal from the contract expires.

     

    5.2. Rights and obligations of the consumer after withdrawal from a contract concluded at a distance and a contract concluded outside the operational premises of the merchant

     

    5.2.1 The consumer is obliged to return the goods within 14 days from the day of withdrawal from the contract concluded at a distance or from the contract concluded outside the operational premises of the merchant according to § 19 para. 1 of Act No. 108/2024 Coll., or to hand over the goods to the merchant or a person designated by the merchant for the collection of the goods; this does not apply if the merchant proposes to collect the goods in person or through a person designated by him. The deadline according to the first sentence is considered to be met if the consumer sends the goods back to the merchant no later than the last day of the deadline.

    5.2.2 The consumer is entitled to refuse the return of goods acquired under a contract concluded during an unsolicited visit, at a sales event, or in connection with it, until the merchant refunds the price paid by the consumer.

    5.2.3 In the case of withdrawal from a contract concluded at a distance or from a contract concluded outside the operational premises of the merchant according to § 19 para. 1 of Act No. 108/2024 Coll., the consumer bears only the costs of returning the goods to the merchant or to a person designated by the merchant to receive the goods; this does not apply if the merchant agreed to bear the costs himself, or if the merchant failed to fulfill the information obligation according to § 15 para. 1 letter g) of Act No. 108/2024 Coll.

    5.2.4 The consumer is responsible for the reduction in value of the goods resulting from handling the goods that exceeds what is necessary to ascertain the nature and functionality of the goods.

    5.2.5 The consumer is obliged to pay the merchant the price for the actually provided performance by the day of delivery of the notice of withdrawal from the contract, if the consumer withdraws from the contract concluded at a distance or from the contract concluded outside the operational premises of the merchant, the subject of which is the provision of service, delivery of water that is not for sale in a limited volume or in a specified quantity, or delivery of heat, and before the commencement of the provision of performance, has given explicit consent in accordance with § 17 para. 10 letter c) of Act No. 108/2024 Coll. The price for the actually provided performance shall be calculated proportionately based on the total price agreed in the contract.

    5.2.6 The consumer does not incur any additional obligations or costs, apart from the obligations under § 21 paragraphs 1, 3 to 5 of Act No. 108/2024 Coll. and the obligation to cover additional costs under § 22 paragraph 3 of Act No. 108/2024 Coll., when exercising the right of withdrawal from a contract concluded at a distance or from a contract concluded outside the operational premises of the merchant according to § 19 paragraph 1 of Act No. 108/2024 Coll.

     

    5.3. Rights and obligations of the trader after the consumer's withdrawal from the contract concluded at a distance
    and from the contract concluded outside the operational premises of the merchant

     

    5.3.1 The Trader is obliged to return to the consumer all payments received from him based on or in connection with the contract concluded at a distance, the contract concluded outside the operational premises of the merchant, or with an ancillary contract, including costs for transportation, delivery, shipping, and other costs and fees, within 14 days from the date of receipt of the notice of withdrawal from the contract.

    5.3.2 The Trader is obliged to return to the consumer all payments according to § 22 paragraph 1 of Act No. 108/2024 Coll. to the extent corresponding to the withdrawal from the contract, if the consumer has not withdrawn from the entire contract concluded at a distance or from the entire contract concluded outside the operational premises of the merchant. The trader cannot charge the consumer additional costs for shipping, delivery, postage, and other costs and fees.

    5.3.3. The trader is not obliged to reimburse the consumer for additional costs if the consumer expressly chose a different method of delivery than the cheapest standard delivery method offered by the trader. Additional costs refer to the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard delivery method offered by the trader.

    5.3.4 The trader may not require the consumer to pay for

    1. a) the provision of service, delivery of water that is not for sale in a limited volume or in a specified quantity, or for the delivery of heat during the deadline for withdrawal from the contract according to § 20 para. 1 to 3 of Act No. 108/2024 Coll. regardless of the extent of the provided performance, if
    2. the trader did not provide the consumer with information according to § 15 para. 1 letter f) or letter h), of Act No. 108/2024 Coll. or
    3. the consumer did not grant the trader explicit consent to commence the provision of the service or the delivery of water or heat pursuant to § 17 para. 10 letter. c), Act No. 108/2024 Coll.
    4. b) complete or partial delivery of digital content that the trader provides otherwise than on a tangible medium, if
    5. the consumer did not grant the trader explicit consent to commence the delivery of digital content pursuant to § 17 para. 10 letter. c), Act No. 108/2024 Coll.
    6. the consumer did not declare that he was properly informed that by expressing consent according to the first point, he loses the right to withdraw from the contract, or
    7. the merchant did not provide the consumer with a confirmation according to § 17 para. 12 letter b) or para. 13 letter b) of Act No. 108/2024 Coll.

    5.3.5 The trader is not obliged, upon withdrawal from a contract concluded at a distance or from a contract concluded outside the operational premises of the trader, the subject of which is the delivery of goods, to return payments to the consumer according to § 22 paragraph 1 of Act No. 108/2024 Coll. before the goods are delivered to him, or until the consumer proves the sending of the goods back to the trader, unless the trader proposes to collect the goods in person or through a person designated by him.

    5.3.6 The Trader is obliged to refund the consumer's payments in accordance with § 22 paragraph 1 of Act No. 108/2024 Coll. in the same manner as the consumer used for their payment; this does not affect the Trader's right to agree with the consumer on a different method of payment, provided that no fees will be charged to the consumer in connection with the payment.

    5.3.7 The Trader is obliged to ensure the collection of the goods at their own expense within the period according to § 22 paragraph 1 of Act No. 108/2024 Coll. if, based on a contract concluded outside the operational premises of the Trader, the goods were delivered to the consumer's home at the time of the contract conclusion and, considering the nature of the goods, it is not possible to return the goods to the Trader by mail.

    5.3.8 Unilateral set-off of claims of the merchant and the consumer arising from withdrawal from the contract according to § 19 para. 1, Act No. 108/2024 Coll. is not permissible under the law.

    5.3.9 The withdrawal from a contract concluded at a distance or from a contract concluded outside the operational premises of the merchant, which concerns digital content or a digital service, is governed by § 852m para. 3, 5 to 8 of the Civil Code.                                 

     

     

     

    1. SUBJECT OF THE CONTRACT

    6.1. The subject of the contract consists only of the items of goods expressly stated in the purchase contract – order. The quantity, dimensions, properties, prices, and other data contained on the merchant's website are binding information.
    6.2. The merchant undertakes to supply the buyer with:
    – a product free from defects in accordance with the specifications or with the properties customary for that type of goods,
    – a product compliant with the standards, regulations, and directives applicable in the territory of the Slovak Republic.

    6.3  Requirements for the sold product

    6.3.1 The sold product must comply with the following according to its category:

    1. a) corresponds to the description, type, quantity, and quality defined in the contract,
    2. b) is suitable for a specific purpose of which the buyer was informed at the latest upon the conclusion of the contract,
    3. c) is characterized by the ability defined in the contract to perform functions with regard to its purpose,
    4. d) is characterized by the ability defined in the contract to operate with hardware or software with which products of the same kind are commonly used, without the need to modify the sold item, hardware, or software ("compatibility"), and the ability defined in the contract to operate with hardware or software different from those with which products of the same kind are commonly used ("interoperability"),
    5. e) is characterized by additional properties defined in the contract,
    6. f) is delivered with all accessories specified in the contract,
    7. g) is delivered with instructions for use, including instructions for assembly and installation, as defined in the contract, and
    8. h) updates specified in the contract are provided, if it concerns a product with digital elements, and general requirements if:

    1) it is suitable for all purposes for which products of the same kind are commonly used, taking into account in particular legal regulations, technical standards, or codes of conduct applicable to the relevant industry, if technical standards have not been developed,

    2) corresponds to the description and quality of the sample or model that the seller made available to the buyer before the conclusion of the contract,

    3) is delivered with accessories, packaging, and instructions, including installation and assembly instructions, which the buyer may reasonably expect, and

    4) is delivered in the quantity, quality, and with the characteristics, including functionality, compatibility, safety, and the ability to maintain its functionality and performance (the 'lifespan') during normal use, that are typical for products of the same kind and that the buyer may reasonably expect given the nature of the sold product and taking into account any public statements made by the seller or another person in the same supply chain, including the manufacturer, or on their behalf, particularly in the promotion of the item or its labeling; the manufacturer is considered to be the producer of the item, the importer of the item into the European Union from a third country, or any other person who identifies themselves as the manufacturer by placing their name, trademark, or other distinguishing mark on the item.

    6.3.2 According to § 615 paragraph 2 of the Civil Code as amended, the product may not comply with general requirements if the trader explicitly informed the buyer at the conclusion of the contract that a certain property of the item does not meet general requirements, and the buyer expressly and specifically agreed to the non-compliance.

     

    1. METHOD OF CONCLUDING THE PURCHASE CONTRACT

    7.1 The contract is concluded upon the binding acceptance of the buyer's order by the trader through agreed electronic communication and the trader's confirmation to the buyer regarding the acceptance of the order, after the prior receipt of the order by the buyer marked as 'order confirmation'.

    7.2. Binding acceptance of the order includes details about the name and specification of the product, the sale of which is the subject of the purchase contract, as well as information about the product price, the name and details of the location where the product is to be delivered, and information about the price, conditions, method, and timing of the transportation of the product to the agreed delivery location, as well as any other details.

     

    1. DELIVERY AND PAYMENT TERMS

     

    8.1 The fees for product delivery are as follows:  

    SR Shipping:

    Shipping for orders with a value greater than €49 and a maximum weight of up to 5 kg inclusive is free to Z-Point. 

     

    Delivery to a pickup point

    Zásilkovna Z point (up to 10 kg including, maximum order value €700 including), DPD Pickup (up to 20 kg including)

    Service

    Weight

    Price

    Zásilkovna Z point

    up to 5 kg including

    2,9€

    Zásilkovna Z point

    from 5.01 kg to 10 kg including

    5,1€

    DPD Pickup

    up to 3 kg including

    3,7€

    DPD Pickup

    from 3.01 kg to 5 kg including

    3,9€

    DPD Pickup

    from 5.01 kg to 10 kg including

    4,3€

    DPD Pickup

    from 10.01 kg to 20 kg including

    5,7€

     

     

    Delivery to the address

    DPD Classic (up to 31.5 kg)

    Service

    Weight

    Price

    DPD Classic

    up to 3 kg including

    5,4€

    DPD Classic

    from 3.01 kg to 5 kg including

    5,6€

    DPD Classic

    from 5.01 kg to 10 kg including

    6,9€

    DPD Classic

    from 10.01 kg to 20 kg including

    9,9€

    DPD Classic

    from 20.01 kg to 31.5 kg inclusive

    13,9€

     

    Oversized transport

    Toptrans (over 31.5 kg)

    Service

    Weight

    Price

    Pallet transport

    over 31.5 kg

    Calculated individually upon receipt of the inquiry

     

    SR Payment

    Payment method

    Limit

    Price

    Bank transfer

    -

    free of charge

    Online card

    2000€

    free of charge

    Cash on delivery

    680€ inclusive

    1,5€

    Cash on delivery

    from 680.01€ to 1660€ inclusive

    3,5€

    Cash on delivery

    from 1660.01€ to 3320€ inclusive

    3,9€

     

    Personal pickup: 0 €

    8.2 These fees will be automatically added upon order confirmation, and the buyer can clearly see them in the list/overview of the order before it is submitted.

    8.3 The price of delivery of the product is valid within the territory of the Slovak Republic. When shipping abroad, the shipping costs are calculated individually based on the contract for the price of shipping outside the territory of the Slovak Republic.  

    8.4 The buyer is obliged to pay the seller the purchase price of the product agreed upon in the purchase contract at the time of concluding the purchase contract, including the costs of delivering the goods according to Act No. 18/1996 Coll. in its valid wording in the following form: 

    - By bank transfer or deposit to the seller's account held at the bank specified in point 1, based on the pro forma invoice sent by the system upon receipt of the order, or based on the information sent by the seller to the buyer. 
    - Cash on delivery upon receipt of goods from the courier. 
    - Online card payment on the website (the limit for online payments is 2000 euros)
    - Apple Pay
    - Google Pay

    8.5 In the event that the buyer pays the trader the purchase price by bank transfer, the day of payment is considered to be the day when the entire purchase price was credited to the seller's account IBAN: SK6209000000005032744947, VS: order number.
    8.6 The buyer is obliged to pay the trader the purchase price for the agreed product within the period specified in the purchase contract, but no later than upon receipt of the product.
    8.7 The purchase price shall be deemed paid upon the crediting of the entire purchase price to the merchant's account in the case of payment by bank transfer to the merchant's account, or upon payment in cash to the courier.
    8.8 In the event that the buyer pays the merchant the purchase price for the product agreed upon in the purchase contract, the buyer is entitled to withdraw from the purchase contract and request a refund of the purchase price only in accordance with the applicable legal regulations of the Slovak Republic.
    8.9 In the event that the buyer does not pay the merchant the entire purchase price upon receipt of the product, the contracting parties have agreed that the merchant is entitled to withdraw from the purchase contract and demand compensation from the buyer for the incurred costs of ordering and delivering the unpaid product.
    8.10 Costs associated with carrying out the delivery are not included in the purchase price of the product, and the merchant is not obliged to provide these services to the buyer.
    8.11 The prices of products listed on the merchant's website are valid at the moment of ordering the product. The prices listed in the merchant's printed price list are valid until the issuance of a new price list.
    8.12 The merchant reserves ownership rights to the product until the full purchase price is paid.
    8.13 The purchase document issued based on the purchase contract between the merchant and the buyer is simultaneously a tax document.
    8.14 The acceptance of the product by the buyer is fundamentally possible only after its full payment, unless otherwise agreed.
    8.15 The price of the product is supplemented by the shipping cost of the product, as stated above in Article 8.
    8.16 Products are sold according to the displayed samples, catalogs, or merchant's swatches placed on the merchant's e-commerce website.
    8.17 Unless otherwise agreed between the merchant and the consumer, the merchant commits to deliver or provide the product to the consumer within 30 days of order confirmation.
    8.18 The buyer will take over the product at the location specified in the acceptance of the buyer's order by the trader. 
    8.19 The place of delivery of the product is the location specified in the acceptance of the order by the seller, unless the contracting parties agree otherwise in the purchase contract.
    8.20 In the event that the trader delivers the product to the buyer at the location specified in the purchase contract by the buyer, the buyer will take over the product in person or ensure that the product is taken over by a person authorized by them in case of their absence to take over the product specified in the purchase contract and will sign the delivery and handover protocol of the product. A third party authorized to accept the product specified in the purchase contract shall present to the trader (or courier) the original or a copy of the purchase contract and proof of payment for the product (if payment preceded the delivery of the product) and a written power of attorney. If it is necessary to repeat the delivery of the goods due to the buyer's absence at the location specified in the purchase contract, all costs incurred shall be borne by the buyer, particularly the repeated delivery of the product to the destination specified in the purchase contract. The product is considered delivered at the moment of delivery to the address indicated in the binding acceptance of the order and accepted at the moment of physical receipt of the product by the buyer, respectively. his authorized representative or the refusal of acceptance of the product, which the carrier will indicate in the delivery and handover protocol of the product.

    1. ACQUISITION OF OWNERSHIP AND TRANSFER OF RISK OF DAMAGE TO GOODS

    Ownership rights to the sold product and the risk of accidental destruction, accidental deterioration, and loss of the product pass to the buyer at the moment of delivery.

    1. COPYRIGHTS

     

    Copyrights are governed by Act No. 185/2015 Coll. on Copyright, as amended by valid amendments.

     

    1. LIABILITY FOR DEFECTS

    11.1 Defects of the sold product

    The sold product has defects if it does not comply with the requirements according to § 615 of the Civil Code as amended. regulations, or if its use is prevented or restricted by the rights of a third party, including intellectual property rights.

     

    11.2 Liability for defects

    11.2.1 The trader is liable for any defect that the sold product has at the time of its delivery and which manifests itself within two years from the delivery of the product.

    11.2.2 If the subject of the purchase is a product with digital elements, where the digital content is to be delivered or the digital service is to be provided continuously during the agreed period, the merchant is responsible for any defect in the digital content or digital service that occurs or manifests during the entire agreed period, but for at least two years from the delivery of the item with digital elements.

    11.2.3 For used products, the contracting parties have agreed on a shorter period of responsibility for the merchant. The merchant's responsibility is one year and one day from the delivery of the product.

    11.2.4 The merchant is liable for a defect caused by incorrect assembly or installation of the product, digital content, or digital service if

    1. a) the assembly or installation was part of the purchase contract and was carried out by the merchant or under their responsibility, or
    2. b) the assembly or installation that was to be carried out by the buyer was performed incorrectly by the buyer due to deficiencies in the assembly or installation instructions provided by the merchant or the supplier of the digital content or digital service.

    11.2.5 The trader is not liable for a defect in the product with digital elements that was caused solely by the failure to install the update in accordance with § 617 para. 3 of the Civil Code as amended. regulations, if the buyer did not install the update within a reasonable time after its delivery and

    1. a) the trader informed the buyer about the availability of the update and the consequences of not installing it, and
    2. b) the failure to install or incorrect installation of the update by the buyer was not caused by deficiencies in the provided installation instructions.

     

    11.3. Burden of proof

    11.3.1 If a defect appears before the expiration of the period according to § 619 para. 1 to 3 of the Civil Code as amended. It is presumed that the defect existed at the time of delivery. This does not apply if the contrary is proven or if this presumption is incompatible with the nature of the product or the defect.

    11.3.2 If the subject of the purchase is a product with digital elements, where digital content is to be delivered or a digital service is to be provided continuously during the agreed period, the trader bears the burden of proof that the digital content was delivered or the digital service was provided without defects during the period according to § 619 para. 2. of the Civil Code as amended.

     

    11.4 Rights from liability for defects

    11.4.1 If the trader is liable for a defect in the sold product, the buyer has the right to have the defect removed by repair or replacement (§ 623 of the Civil Code as amended), the right to a reasonable discount on the purchase price, or the right to withdraw from the purchase contract (§ 624 of the Civil Code as amended).

    11.4.2 The buyer may refuse to pay the purchase price or part of it until the trader fulfills the obligations arising from liability for defects, unless the buyer is in default of payment of the purchase price or part of it at the time the defect is pointed out. The buyer shall pay the purchase price without undue delay after the trader has fulfilled their obligations.

    11.4.3 The buyer may assert rights arising from liability for defects, including the right to refuse to pay the purchase price or part thereof, until the trader fulfills their obligations arising from liability for defects, unless the buyer is in default of payment of the purchase price or part thereof at the time the defect is raised, provided that the defect was raised within two months of its discovery, and no later than the expiration of the period according to § 619 paragraphs 1 to 3 of the Civil Code as amended. The provision of § 509 of the Civil Code as amended. The regulations shall apply equally.

    11.4.4 The exercise of rights from liability for defects does not exclude the buyer's right to compensation for damages caused by the defect.

     

    11.5 Assertion of defect

    11.5.1 A defect may be asserted at any establishment of the merchant, with another person whom the merchant informed the buyer about before concluding the contract or before sending the order, or by means of remote communication at the address of the registered office or place of business of the merchant or at another address that the merchant informed the buyer about when concluding the contract or after the conclusion of the contract.

    11.5.2 If the buyer points out a defect by postal shipment, which the trader refused to accept, the shipment is considered delivered on the day of refusal.

    11.5.3 The trader shall provide the buyer with a written confirmation of the defect without delay after the defect has been pointed out by the buyer. In the confirmation of the defect, the trader shall specify the deadline within which the defect will be remedied in accordance with § 507 paragraph 1 of the Civil Code as amended. The deadline communicated according to the previous sentence must not exceed 30 days from the day the defect was pointed out, unless a longer deadline is justified by an objective reason that the seller cannot influence.

    11.5.4 If the trader denies responsibility for defects, the reasons for the denial must be communicated in writing to the buyer. If the buyer proves the trader's responsibility for a defect by an expert opinion or professional statement issued by an accredited person, authorized person, or notified person, they may raise the defect repeatedly, and the trader cannot deny responsibility for the defect; the repeated raising of the defect is not subject to § 621 paragraph 3 of the Civil Code as amended. The costs incurred by the consumer related to the expert opinion and professional assessment are governed by § 509 para. 2 of the Civil Code as amended.

    11.5.5 If, before the conclusion of the contract or, if the contract is concluded based on the buyer's order, before sending the order, the merchant informed the buyer that defects may also be attributed to another person, the actions or omissions of that person shall be considered, for the purposes of liability for defects, as actions or omissions of the merchant.

     

    11.6. Removal of defects

    11.6.1 The buyer has the right to choose the removal of defects by exchanging the product or repairing the product. The buyer cannot choose a method of removing defects that is not possible or that would cause the trader unreasonable costs in comparison to the other method of removing defects, taking into account all circumstances, especially the value that the product would have without defects, the severity of the defect, and the fact that the other method of removing defects would cause significant difficulties for the buyer.

    11.6.2 The trader may refuse to remedy the defect if repair or replacement is not possible, or if it would require unreasonable costs considering all circumstances, including circumstances under which the buyer cannot choose a method of remedying the defect that is not possible or that would impose unreasonable costs on the seller compared to the other method of remedying the defect, taking into account all circumstances, especially the value that the item would have without the defect, the severity of the defect, and the fact that the other method of remedying the defect would cause significant difficulties for the buyer.

    11.6.3 The trader will repair or replace the product within a reasonable time (§ 507 para. 1 of the Civil Code as amended) after the buyer has pointed out the defect, free of charge, at their own expense, and without causing significant difficulties to the buyer considering the nature of the item and the purpose for which the buyer requested the item.

    11.6.4 For the purposes of repair or replacement, the buyer shall hand over or make the product available to the trader or to a person according to § 622 para. 5 of the Civil Code as amended. The costs of accepting the item are borne by the trader.

    11.6.5 The trader shall deliver the repaired product or a replacement product to the buyer at the trader's own expense in the same or a similar manner as the buyer delivered the defective product, unless the parties agree otherwise. If the buyer does not accept the product within a period of six months from the date it was to be accepted, the trader may sell the product. If it is a product of greater value, the trader shall notify the buyer in advance of the intended sale and provide a reasonable additional deadline for the acceptance of the product. The trader shall promptly pay the buyer the proceeds from the sale of the product after deducting the costs that were reasonably incurred for its storage and sale, if the buyer exercises the right to a share of the proceeds within a reasonable time specified by the trader in the notice of the intended sale of the product. The trader may destroy the product at their own expense if it has not been sold or if the anticipated proceeds from the sale will not be sufficient to cover the costs that the trader reasonably incurred for the storage of the product, and the costs that the trader would necessarily have to incur for its sale.

    11.6.6 The trader shall ensure the removal of the product and the installation of the repaired product or a replacement product if the exchange or repair requires the removal of the defective product that was installed in accordance with its nature and purpose before the defect manifested. The trader and the buyer may agree that the removal of the item and the installation of the repaired or replacement product shall be carried out by the buyer at the costs and risk of the trader.

    11.6.7 In the case of removing a defect by exchanging the product, the trader shall not be entitled to compensation for damage caused by normal wear and tear of the product and for remuneration for normal use of the product prior to its exchange.

    11.6.8. The trader is responsible for defects in the replacement product according to § 619 of the Civil Code as amended.

     

    11.7 Discount on the purchase price and withdrawal from the contract

    11.7.1. The buyer has the right to a reasonable discount on the purchase price or may withdraw from the purchase contract without providing an additional reasonable deadline according to § 517 para. 1 of the Civil Code as amended, if:

    1. a) the trader did not repair or replace the product,
    2. b) the trader did not repair or replace the product, in accordance with § 623 para. 4 and 6 of the Civil Code as amended,
    3. c) the trader refused to remove the defect according to § 623 para. 2 of the Civil Code as amended,
    4. d) the product has the same defect despite the repair or replacement of the product,
    5. e) the defect is of such a serious nature that it justifies an immediate discount on the purchase price or withdrawal from the purchase contract, or
    6. f) the trader has declared or it is evident from the circumstances that the defect will not be removed within a reasonable time or without causing significant difficulties for the buyer.

    11.7.2 When assessing the buyer's right to a discount on the purchase price or withdrawal from the purchase contract according to §624, paragraph 1, letters d) and e) of the Civil Code as amended, all circumstances shall be taken into account, particularly the type and value of the product, the nature and severity of the defect, and the possibility for the buyer to objectively request that they trust the merchant's ability to rectify the defect.

    11.7.3 The discount on the purchase price must be proportionate to the difference in value between the sold product and the value that the product would have if it were free of defects.

    11.7.4 The buyer cannot withdraw from the purchase contract according to § 624, para. 1, of the Civil Code as amended. regulations, if the buyer contributed to the occurrence of the defect or if the defect is negligible. The burden of proof that the buyer contributed to the occurrence of the defect and that the defect is negligible lies with the trader.

    11.7.5 If the contract concerns the purchase of multiple products, the buyer may withdraw from it only in relation to the defective product. In relation to the other products, the buyer may withdraw from the contract only if it cannot reasonably be expected that they will be interested in keeping the other products without the defective product.

    11.7.6 The buyer shall return the product to the merchant at the merchant's expense after withdrawing from the contract or part of it. The merchant shall ensure the removal of the product that was installed in accordance with its nature and purpose before the defect manifested. If the merchant does not remove the product within a reasonable time, the buyer may arrange for the removal and delivery of the product to the seller at the merchant's cost and risk.

    11.7.7 The merchant shall refund the purchase price to the buyer no later than 14 days from the day the product is returned to the merchant or upon proof that the buyer has sent the product to the merchant, whichever occurs first.

    11.7.8 The trader will return the purchase price to the buyer or provide a discount on the purchase price in the same manner that the buyer used to pay the purchase price, unless the buyer expressly disagrees with another method of payment. All costs associated with the payment are borne by the trader.

    11.7.9 The trader has no right to compensation for damage caused by normal wear and tear of the product and for remuneration for normal use of the product prior to withdrawal from the purchase contract.

     

    11.8. Consumer Warranty

    11.8.1 The manufacturer or merchant may provide the buyer with a consumer warranty, committing to refund the purchase price, exchange or repair the sold product, or ensure its maintenance beyond the rights arising from liability for defects. The buyer has the right to demand performance from the manufacturer or merchant who provided the consumer warranty under the conditions specified in the warranty document or in related advertising available at the time of concluding the purchase contract or before its conclusion.

    11.8.2 If the manufacturer offers a consumer warranty for the lifespan of the item, the trader has rights against the manufacturer to remedy defects according to § 623 of the Civil Code as amended during the duration of the consumer warranty. regulations, if the manufacturer has not provided more favorable conditions in the consumer warranty for the lifespan.

    11.8.3 The manufacturer or trader who provided the consumer warranty shall provide the buyer with a warranty certificate on a durable medium no later than at the time of delivery of the item in the Slovak language or, with the consent of the consumer, in another language. The manufacturer or merchant who provided the consumer warranty shall clearly and understandably state the details according to § 502 paragraph 3 of the Civil Code as amended in the warranty document. instructions that the buyer has rights against the seller for defects according to § 621 of the Civil Code as amended. regulations that are not affected by the consumer warranty.

    11.8.4 Violation of the obligations of the manufacturer or merchant who provided the consumer warranty according to § 626, paragraph 3 of the Civil Code does not affect the validity of the consumer warranty.

    11.8.5 If the conditions of the consumer warranty in the related advertisement are more favorable for the buyer than the conditions according to the warranty certificate, the conditions stated in the advertisement shall apply. This does not apply if the manufacturer or trader who provided the consumer warranty aligned the related advertisement with the warranty certificate in the same or a similar manner as the advertisement was made before concluding the contract with the buyer.

     

     

    1. FINAL PROVISIONS

     

    12.1 The Trader reserves the right to change these terms and conditions. The obligation to provide written notice of changes to these terms and conditions is fulfilled by posting on the Trader's e-commerce website.

    12.2 In the event that the purchase contract is concluded in written form, any changes must also be in written form.

    12.3 The contracting parties have agreed that communication between them will be conducted in the form of email messages.

    12.4 The relationships not governed by these general terms and conditions are subject to the relevant provisions of the following laws and regulations: Act No. 108/2024 Coll. on consumer protection and on amendments and supplements to certain laws, Act No. 40/1964 Coll. Civil Code (as amended), Act No. 22/2004 Coll. on electronic commerce and on amendments and supplements to Act No. 128/2002 Coll. (as amended).

    12.5 If the order is placed through thewebsites of the company ONSA Plus s.r.o. by a business entity (s.r.o., a.s., etc.) or a natural person with an assigned VAT number and other billing information provided in the respective order, in this case, the contract is governed by the Commercial Code, and the seller - trader reserves the right, in the event of order cancellation by the purchaser (a.s., s.r.o., sole trader, cooperative), to charge a fee of 5% of the order value.

    12.6 These general terms and conditions come into effect for the buyer upon the conclusion of the purchase contract.

                

     

    In Košice, on December 20, 2024