Original parts

General provisions

These General Terms and Conditions govern the rights and obligations of the parties arising from each individual purchase contract concluded between the Seller, which is Auto Group Partners s.r.o., with registered office at Dolná Ždaňa 60, 966 01 Dolná Ždaňa, ID No.: 55 576 052, registered in the Commercial Register of the District Court of Banská Bystrica, Section: Sro, File No.: 18941/S, (hereinafter referred to as the "Seller") and the Buyer, the subject of which is the purchase and sale of goods on the Seller's e-shop website.

Seller's contact details:

Website: www.original-parts.eu

E-mail: info@original-parts.eu

Phone: +421 944 244 333

Correspondence address: Auto Group Partners s.r.o., Dolná Ždaňa 60, 966 01 Dolná Ždaňa

Delivery address: Dolná Ždaňa 60, 966 01 Dolná Ždaňa

Bank connection:
The Buyer acknowledges, expressly confirms and agrees that upon successful registration of the Buyer on the Seller's website, all the terms and provisions of these General Terms and Conditions shall apply to all purchase contracts concluded pro futuro on the e-commerce website operated by the Seller, on the basis of which the Seller shall be obliged to deliver the goods ordered by the Buyer and presented on the website in question to the Buyer, and the Buyer shall also be obliged to pay the price of the goods delivered under the terms and conditions set out in the General Terms and Conditions of Business (hereinafter referred to as the "Purchase Contract"), as well as to any other relations between the Seller and the Buyer, arising in particular during and after the conclusion of the Purchase Contract, including claims for goods.
The General Terms and Conditions are a mandatory and integral part of every purchase contract. In the event that the Seller and the Buyer enter into a written contract of sale in which they agree on terms and conditions that deviate from the General Terms and Conditions, the provisions of the contract of sale shall prevail over the provisions of the General Terms and Conditions.

Registration

The buyer must be an entrepreneur according to the Commercial Code or the Trade Licensing Act.
The Buyer is obliged to enter on the Seller's website the following data necessary for registration: registration email, username, password to the username, in the business, resp. In the case of delivery of goods to an address other than the Buyer's registered office, the name of the company or the name and surname, the address and the postal code, the city or town, the VAT number, the title, name, surname and telephone number of the contact person, in the case of delivery of goods to an address other than the Buyer's registered office, also the name of the company or the name and surname, the address and the number, the postal code, the city or town, where the goods are to be delivered to. After completing the mandatory data, the buyer must check the box that he agrees with the general terms and conditions and then confirm the "Register" box. After filling in the mandatory data, agreeing to the general terms and conditions and confirming the "Register" box, the Seller's system will then automatically generate and send the Buyer an email confirming the registration, which completes the Buyer's registration process, but the Buyer's account is not yet activated.
By registering on the Seller's website, the Buyer also declares that he is not in bankruptcy or restructuring, there are no court or enforcement proceedings against him and he is not a debtor to the Tax Authorities, Labour Authorities, Health Insurance Companies, Social Insurance Companies, or other authorities and institutions, or other legal or natural persons. By confirming the registration, the Buyer also declares that he/she is capable of duly and timely fulfilling his/her obligations towards the Seller, which arise in accordance with the conclusion of purchase contracts concluded on the e-commerce website operated by the Seller.
The Seller reserves the right at any time either to suspend further deliveries or to cancel the Client's registration altogether if there are or become facts contrary to the Buyer's declarations referred to in clause 2.3. The aforementioned shall also apply if at any time the Seller discovers that the Buyer has provided incorrect, incomplete, deceptive, misleading or distorting information concerning the Buyer's registration or other statements made by the Buyer.
The Seller is entitled to verify the data of the Buyer or the Client to the extent it deems appropriate after the registration of the Buyer. Subsequently, after this verification, the Seller sends the Buyer an email about the activation of the Buyer's account together with the allocation of the order code, which is necessary for the execution of orders, or without the indication of which no order can be executed. The assigned order code is generated by the Seller, is unique and is exclusively linked to the Buyer or the Client to whom it was generated and assigned. The order code cannot be changed or modified in any way by the Buyer.
In the event of any discrepancies or incorrectly filled in data by the Buyer in the registration found by the Seller during the verification, the Seller shall either invite the Buyer or the Client to correct the registration or, at its discretion, cancel and delete the Buyer's registration altogether.
By assigning the order code, the activation of the account is completed and the buyer or client becomes an authorized user of the activated account, on the basis of which he is entitled to order goods from the assortment of the seller's offer.

Method of concluding the contract of sale

Each individual purchase contract shall be deemed to be concluded at the moment of conclusion of a binding order in the form of a form completed and sent by the Buyer with mandatory indication of the assigned order code on the Seller's website (hereinafter referred to as the "Order"). If the Buyer does not enter or enters an incorrect order code, the order will not be sent.
At the moment of the valid conclusion of a binding order by the Buyer by filling in and submitting the form together with the assigned order code, the Seller's system automatically allocates the individual items of the order to the suppliers (BWM, VW, Audi, etc.) and at the same time automatically sends to these suppliers a binding order for goods on behalf of the Seller, which is at the same time at this moment a binding order for goods of the Seller against the individual suppliers of goods in relation to the individual items of goods listed on the Buyer's order. The Buyer acknowledges and expressly agrees that as the Buyer's order is automatically sent to the Seller's individual suppliers from the moment it is submitted by the Buyer through the Seller's system, any modifications to the order after it has been submitted by the Buyer, whether to add or remove any goods from the order or to cancel the order, shall be subject to the express consent of the supplier, who shall be contacted by the Seller or an admin upon the Buyer's request, as appropriate. The Buyer acknowledges that the Seller's supplier is not obliged to accept a request for modification or cancellation of an order, and is also entitled to decide solely on cancellation fees.
All requests for cancellation or cancellation of any order must be made by the buyer in principle at the time and within the period specified in point 3.4 by sending an email to info@original-parts.eu . In the e-mail or in the request for cancellation of the order, the buyer is obliged to enter his username, his assigned order code and the number of the order he wishes to cancel.
Cancellation or cancellation of an order without a cancellation fee can only be made during working days from 09.00 to 16.00 and within a period of no later than 60 minutes from the time of sending the order. If both of these conditions have been cumulatively met, the Seller's admin will check with the suppliers the possibility or impossibility of cancelling the order. The Seller's admin then informs the Buyer by e-mail about the possibility of cancelling the order and in what part. If the supplier does not accept the cancellation of the order, the buyer is obliged to take delivery of the goods and pay the agreed purchase price or pay a cancellation fee of 50% of the total purchase price of the cancelled order.
If both conditions set out in clause 3.4 are met and the Supplier subsequently accepts the cancellation of the order free of charge, the Seller shall not charge the Buyer any fees related to the cancellation of the order. If the Buyer has paid the Seller the purchase price or part of it in time to the cancellation of the order, the Seller shall refund the already paid purchase price or part of it within 7 days from the cancellation of the order by transfer to the Buyer's bank account, unless the Parties agree on another way of refunding the purchase price.
The buyer is obliged to pay a cancellation fee of 50% of the total purchase price of the order when cancelling the order on non-business days or later than 60 minutes after the order has been shipped. The Seller shall be entitled to invoice the cancellation fee to the Buyer in the manner, at the time and with the due date as if the goods had been duly and timely delivered.
The Buyer is entitled and has the possibility to monitor the movement or progress of his order or his several individual orders on the Seller's website under his account in the "orders" section, until the time of their processing and invoicing by the Seller. The Buyer can track the already processed and invoiced orders in the "order history" section.

Seller's rights and obligations

The Seller is obliged to:
1. on the basis of an order confirmed by the Seller, deliver the Goods to the Buyer in the agreed quantity, quality and date and pack them or equip them for transport in a manner suitable for their preservation and protection,
2. to ensure that the delivered goods comply with the applicable legislation of the Slovak Republic,
3. hand over to the buyer together with the goods in written or electronic form at the latest all documents necessary for the acceptance and use of the goods, together with the delivery note and the tax document - invoice, as well as other documents prescribed by applicable law, if they exist for the goods or are issued by the manufacturer (e.g. manuals, warranty card).
The Seller shall be entitled to due and timely payment of the purchase price by the Buyer for the goods delivered.
The Seller reserves the right to cancel the Buyer's order in cases where, due to stock out or unavailability of the goods with the supplier, the Seller is unable to deliver the goods to the Buyer within the time specified in these Terms and Conditions or at the price stated in the online shop, unless the Seller and the Buyer agree on alternative performance. The Buyer will be informed of the cancellation of the order by telephone or e-mail and, in the event of payment of the purchase price or part thereof, the funds will be refunded within 21 days to the account specified by the Buyer, unless otherwise agreed with the Seller.
The Seller reserves the right to ask Buyers or Clients who are registered and have an activated account for more than 3 calendar months to enter into a written Master Purchase Agreement, the offer of which will be drawn up by the Seller and submitted to the Buyer for signature. In the event that the Seller and the Buyer enter into a written framework sales contract in which they agree on terms and conditions that deviate from these General Terms and Conditions, the provisions of the framework sales contract shall prevail over the General Terms and Conditions.
Until the time of signing the Master Purchase Agreement pursuant to clause 4.4, the Seller shall be entitled to set a maximum financial order limit for the Buyer or the Client at its own discretion. Orders placed by the Buyer within the financial limit set by the Seller shall be executed without any restrictions. However, the ordering of goods or the execution of an order in excess of the financial limit will not be possible until the Buyer has paid all the Seller's receivables from orders up to the financial limit or until the Buyer has paid the Seller advances or pre-invoices to the Seller's account in the amount exceeding the financial limit up to the purchase price of the ordered goods. The impossibility to execute the order for the reasons stated in this clause cannot be considered by the Seller as any violation either of these Terms and Conditions or of any legal norm, nor can it give rise to any liability of the Seller towards the Buyer for this reason. The framework sales contract concluded pursuant to clause 4.4 shall determine the conditions for determining and securing the financial order limits for each Buyer individually by mutual agreement with the Seller, taking into account the volume of orders placed up to the time of signing of the framework sales contract, and shall also regulate the delivery conditions (personal collection, delivery to the Buyer's destination).

Rights and obligations of the buyer

The buyer is obliged to:
1. to comply at all times with all the terms and conditions of these General Terms and Conditions of Business, to be guided by them in each individual purchase contract concluded on the basis of these General Terms and Conditions of Business,
2. not to unreasonably refuse the conclusion of a framework purchase agreement pursuant to 4.4 of these General Terms and Conditions,
3. to respect the financial limits set by the Seller for the conclusion of orders, or to comply with additional terms and conditions in accordance with clause 4.5 in the case of orders exceeding the financial limit set by the Seller,
4. take delivery of the purchased or ordered goods,
5. to pay the Seller the agreed purchase price duly and on time within the due date, including the cost of delivery of the goods,
6. not to damage the goodwill of the Seller,
7. confirm in writing to the Seller in the delivery note the acceptance of the goods by his signature or the signature of a person authorised by him
The Buyer is entitled to delivery of the goods in the quantity, quality, date and place agreed by the parties in the binding acceptance of the order.

Delivery and payment terms

Goods are sold according to the Seller's price lists listed on the Seller's e-commerce website.
The availability of goods in the Seller's price lists is indicative. Once the Buyer has placed an order and it has been automatically dispatched to the relevant supplier, the relevant supplier will contact the Seller by email to confirm the availability of each item of the ordered goods for a period of business days. The Buyer will also receive information about the availability of the ordered goods by e-mail or the Buyer can monitor it in his/her user account in the manner specified in clause 3.7 of these General Terms and Conditions.
Upon receipt of a return order confirmation email from the relevant supplier, the Seller is obliged to process the Buyer's order in the manner, at the time and under the conditions agreed in the order, i.e. to deliver the goods to the destination, which is primarily, unless the Parties have agreed otherwise in writing in advance, the Seller's warehouse located at Dolná Ždaňa 60, and at the destination so agreed to, subsequently to ensure the personal receipt or dispensing of the goods to the Buyer at this warehouse within the time limit determined in the manner set out in clause 6.2; the Buyer accepts the time and place of delivery of the goods so determined without reservation.
The availability of goods is broken down as follows:

a) in stock (seller's warehouse at Dolná Ždaňa 60),

b) 1-2 working days,

c) 2-3 working days,

d) 3-5 working days,
If the supplier fails to ensure availability within 5 working days, the system automatically generates a cancellation of the order, which is notified to the seller by e-mail and subsequently to the buyer in accordance with point 4.3 of these general terms and conditions, or by displaying this fact in his account on the seller's website. The Buyer acknowledges and expressly agrees to the automatic cancellation of any order for which the availability of the goods is more than 5 working days.
In cases where the system automatically cancels an order where the availability of the goods is more than 5 working days, but the seller is still very interested in purchasing the goods, the buyer can reconfirm the cancelled order. In this order confirmation, a new delivery date for the goods will be agreed and accepted by the Buyer (over 5 working days, usually indicating the number of the calendar week of the year in which the Supplier can deliver the goods to the Seller).
The Parties agree and agree without reservation that for the purposes of these General Terms and Conditions, delivery of the Goods shall be primarily fulfilled by delivery of the Goods to the Seller's warehouse and handing them over to the Client - personal collection. Any other method of delivery of the Goods shall be possible only by prior ad hoc written agreement between the Seller and the Buyer, the subject of which shall be the determination of the place of delivery of the Goods (other than the Seller's warehouse), the method of transport, the carrier and the agreement on the costs of transport and delivery (e.g. UPS, Remax, DPD).
The Buyer is obliged to take delivery of the Goods at the Seller's warehouse or at the place and in the manner agreed in writing by ad hoc with the Seller in accordance with clause 6.6 of these General Terms and Conditions. If the Buyer fails to take delivery of the goods within 7 days after the expiry of the period specified in the Purchase Contract or in the binding order, the Seller shall be entitled to charge the Buyer a storage fee of € 2.00 for each day of storage of the goods.
The Seller is entitled to deliver the goods and invite the Buyer to take delivery of the goods even before the expiry of the delivery period agreed in the Purchase Contract.
The Seller declares and the Buyer acknowledges that the weight, dimensions and other data about the goods contained in price lists, brochures and other documents of the Seller presented on the Seller's e-commerce website are non-binding data.
In the event of non-delivery of the goods by the Seller within the period specified in 6.2 of these General Terms and Conditions, the Buyer shall be entitled to call upon the Seller by mail for performance, providing an additional period for performance, which shall not be shorter than 5 working days, together with a warning that upon its expiry he shall be entitled to withdraw from the relevant contract of sale. Upon the expiry of the additional period for performance, the Buyer shall be entitled to withdraw from the relevant contract of sale in writing and the Seller shall be obliged to refund to the Buyer the part of the purchase price already paid within 15 days of receipt of the withdrawal from the contract of sale by wire transfer to the Buyer's account designated by the Buyer.
Upon delivery of the goods from the Supplier to the Seller's warehouse, the Seller shall physically inspect the goods and assign them to the appropriate Buyer. At this point, the system automatically generates or issues an invoice with a due date of 7 calendar days from the date of issue in written and electronic form for the stocked goods. The buyer will be notified of the issued invoice in their account (a general notification will be displayed, referring to the "Invoices" section) and the system will also automatically send a notification of the issued invoice to the buyer's mailbox. The electronic form of the invoice is available to the Buyer in the "Invoices" section of their account on the Seller's website.
Due to the varying availability of the goods ordered in the order, the Seller is entitled to issue multiple invoices for individual goods ordered in the order. The Buyer is entitled to inquire with the Seller about the extent of the processing of his order by e-mail to info@original-parts.eu.
The Buyer is obliged to inspect the consignment, i.e. the goods as well as their packaging directly upon receipt or delivery. The Seller shall enclose the delivery note and the original invoice in writing with each goods delivered to the Buyer.
The Buyer is obliged to pay the invoices within the due date, even if the physical delivery of the goods has not yet taken place, on the basis of the invoice in electronic form in the "Invoices" section of the Buyer's account on the Seller's website.
Payment methods:
1. In cash on receipt of goods
2. Payment on account on the basis of the invoice issued by the seller
3. Payment by card
If the supplier fails to ensure availability within 5 working days, the system automatically generates a cancellation of the order, which is notified to the seller by e-mail and subsequently to the buyer in accordance with point 4.3 of these general terms and conditions, or by displaying this fact in his account on the seller's website. The Buyer acknowledges and expressly agrees to the automatic cancellation of any order for which the availability of the goods is more than 5 working days.
In the event of the Buyer's delay in paying the invoice to the Seller, the Seller shall be entitled to the agreed contractual penalty in the amount of 0.10% of the amount due for each day of delay.

Purchase price

The Buyer is obliged to pay the Seller the purchase price of the goods agreed in the Purchase Contract and/or according to the Seller's price list valid at the time of conclusion of the Purchase Contract (hereinafter referred to as the "Purchase Price") within the time limit pursuant to clause 6.11 of these General Terms and Conditions, alternatively, either by cash payment directly at the Seller's warehouse upon personal receipt of the goods, or by wire transfer to the Seller's account on the basis of an invoice issued by the Seller. The purchase price stated in the price list includes the costs of transport to the Seller's warehouse referred to in clause 6.3 of these General Terms and Conditions.
Seller price lists are usually categorized as follows:

a) by supplier - by country, if there are multiple suppliers in one or more countries,

b) by vehicle make,

c) combination of a) and b)
In order to maintain the clarity of the price lists, the Seller reserves the right to modify or change the categorization or structure of the price lists at its own discretion.
If the Buyer pays the Purchase Price to the Seller by wire transfer, the date of payment shall be deemed to be the date on which the entire Purchase Price has been credited to the Seller's account.
The Buyer is obliged to pay the Seller the purchase price for the agreed goods within the due date indicated on the invoice issued pursuant to clause 6.11 of these General Terms and Conditions, irrespective of the fact whether the Buyer has already physically taken delivery of the ordered goods or not.
If the Buyer pays the Seller the purchase price for the goods agreed in the Purchase Contract, the Buyer is entitled to withdraw from the Purchase Contract and to claim a refund of the purchase price only in accordance with the applicable laws of the Slovak Republic.
In the event that the Buyer withdraws from the Purchase Contract prior to payment of the full Purchase Price, the withdrawal shall not affect the Seller's claims for cancellation fees assessed by the Seller's suppliers, nor the Seller's claims for damages incurred by the Seller for this reason, which the Buyer shall be obliged to pay to the Seller in the manner and at the time specified in the written settlement thereof.
In the event that the Buyer fails to pay the Seller the full purchase price upon acceptance of the goods, the Parties agree that the Seller shall be entitled to withdraw from the Purchase Contract; the withdrawal shall not affect the Seller's claims for cancellation fees assessed by the Seller's suppliers, nor the Seller's claims for damages incurred by the Seller on this account, which the Buyer shall be obliged to pay to the Seller in the manner and at the time specified in the written settlement thereof.
The Seller reserves the right to change or update price lists at ad hoc times depending on price list updates from its individual suppliers.

Acquisition of ownership and transfer of risk of damage to goods

The buyer acquires ownership of the goods by the cumulative fulfilment of the conditions of acceptance of the goods and full payment of the purchase price for the goods, irrespective of the fact which of these two conditions is fulfilled later.
The risk of damage to the goods passes to the buyer at the time when he takes over the goods from the seller or, if he fails to do so in time, at the time when the seller allows him to dispose of the goods and the buyer does not take over the goods.

Returns

If the Buyer has ordered the goods, they have been delivered and shipped, the invoice has been issued and the Buyer finds that the goods are damaged or do not fit, the Buyer is entitled to request the return of the goods by filling in the return form on the Seller's website. The Buyer is obliged to fill in the return form within the agreed 24-hour time limit from the delivery of the goods; missing the time limit will result in the loss of the right to return the goods.
The return form contains:
1. invoice number
2. the number of the specific original part
3. order number
4. the name of the car part
5. a note - reasons for returning the goods (e.g. faulty or incorrect ordering of the part caused by the buyer, delivery of other goods caused by the seller, returnable goods)
The return form is automatically assigned to the seller's system after completion and confirmation, which the system also informs the seller about by sending an email.
In case of wrong or incorrectly ordered goods by the Buyer, the Buyer is obliged to fill in the return form within the time limit specified in point 9.1. and wait for a reply from the Seller whether or not the goods can be returned. If the goods can be returned, the Seller will accept the goods back, subject to the acceptance of a cancellation fee of 45% of the price of the incorrectly ordered goods, which will be resolved by the issue of a credit note of 55% of the price of the incorrectly ordered goods, which the Seller will promptly refund or credit, subject to the condition that the Buyer returns the goods at his own expense to the Seller's warehouse, located at the following address: Dolná Ždaňa 60, in the original packaging, undamaged, unused, unassembled or otherwise not devalued within 3 working days of receiving an email from the Seller about the possibility of returning and taking back the returned goods and at the same time receiving a credit note from his supplier. Subsequently, the Buyer is obliged to order the correct goods in the usual way, as if the delivery of the wrong or incorrectly ordered goods had never taken place.
If it is proven that the delivery of the wrong or incorrect goods was due to the fault of the Seller (error in the system, in the warehouse, or in the dispatch of the carrier), the Buyer is obliged to proceed in the same way as in clause 9.4, but with the difference that the goods will be returned without any cancellation fees and the Seller will take over the defective goods himself at the Buyer's own expense.
The Buyer is obliged to print the return form in 2 authentic copies, one for the Seller signed by the Buyer and the other for the Buyer, signed by the Seller or an authorized employee of the Seller or the carrier's driver, as the case may be.
Mutual confirmation of the written return form is a condition for the return of goods for all reasons:

a) wrong or incorrectly ordered goods due to the buyer's fault

b) delivery of faulty or incorrect goods due to the fault of the seller

c) returnable parts (max. within 18 days of receipt of goods!)
For the purposes of these General Terms and Conditions, only an apparent defect in the part found exclusively upon receipt of the goods shall be deemed to be a defective part.
The delivery note contains two boxes in addition to the designation of the goods (original part number and part name):

a) Goods delivered without defects

b) Delivered goods with defects (indicated which part and also that it was not accepted by the buyer)
The Parties expressly agree and agree that if the invoice for the ordered goods has already been paid by the Buyer (whether in full or in part) and the goods (part) have a defect or defects, the Seller shall promptly refund the amount of the cancellation item to the Buyer's account, however, in the event of the existence of open and unpaid further orders and invoices of the Buyer, the Seller shall be entitled to unilaterally set off any receivables due from the Buyer against its liabilities to the Buyer.
The Seller reserves the right to set off any claims against the Buyer against its obligations to the Buyer, to which the Buyer expressly agrees without reservation.
The return form is also used for handling "selected" types of goods marked as "returnable part", which is evident from the relevant invoice, where, in the case of a "returnable part", the item under the part number indicates that it is returnable and at the same time indicates the price, or the amount of the deposit, which the seller can reclaim from the supplier, provided that the following conditions are fulfilled:

a) a return form filled in by the buyer, where in the "note" box the reason for returning the goods is that it is a returnable part; in this case, the seller does not confirm receipt of the return form by e-mail

b) the deadline for completing the form is 5 working days from the delivery and receipt of the goods; the deadline is time-limited and failure to do so will result in the loss of the right to return the goods.

c) the new part delivered and the old "return part" returned must be identical in structure, scope and subdivision

d) the old part must be inoperable only because of wear and/or end of service life (e.g. mileage of the manufacturer's specified number of km). The return of parts that are incomplete, damaged, destroyed as a result of traffic accidents or as a result of mechanical forces and violence not resulting from the normal operation of the car or the part in question, as well as as as a result of natural events, is excluded.
The Buyer is obliged to return or deliver the "returnable part" (old, used) to the Seller within 15 working days from the completion of the return form at the latest. The place of delivery of the returnable part is the Seller's warehouse at Dolná Ždaňa 60.
The Seller reserves the right to inspect the returned part and refuse to accept it if all the conditions set out in clauses 9.12 and 9.13 are not cumulatively met.
Once the Seller has received a credit note from its Supplier in the amount of the deposit shown on the invoice for the relevant Returnable Part, it shall issue a credit note in the amount of the deposit to the Buyer, which it shall either promptly reimburse to the Buyer or set off in accordance with clause 9.11.
Seller is not responsible for the accuracy of parts found through the Laximo supplemental catalog (find by VIN), as this is only a customer assistance service and is a third party product, and therefore not responsible for errors and discrepancies in the catalog. Returns will be handled by the standard procedure as for a customer mis-ordered part.

Complaints Procedure

The Seller is liable for defects in the goods and the Buyer is obliged to immediately file a claim with the Seller in accordance with the applicable Complaints Procedure.
The valid Complaints Procedure published on the Seller's website www.original-parts.eu, incorporated into point 10 of these General Terms and Conditions, applies to the handling of complaints. By registering on the Seller's website, the Buyer confirms that he/she has read the Complaints Procedure and agrees with it in its entirety and also confirms that he/she has been duly informed about the terms and conditions and the method of claiming goods.
The Complaints Procedure applies to goods purchased by the Buyer from the Seller in the form of e-commerce on the Seller's e-commerce website.
The Complaints Procedure in this form is valid for all commercial cases, unless other warranty conditions are contractually agreed.
The Buyer has the right to claim a warranty from the Seller only for goods that have defects caused by the manufacturer, supplier or the Seller, are covered by the warranty and were purchased from the Seller.
The Buyer is obliged to inspect the goods upon receipt of the goods. If he fails to do so, he may only claim for defects found during such inspection if he proves that the goods were already defective at the time of receipt of the goods.
During the warranty period, the customer has the right to have the defect rectified free of charge upon presentation of the goods including accessories, documentation and instructions to the seller or the seller's authorised representative together with the warranty certificate and proof of payment.
If the purchased goods are electronic parts (control units, etc.), the warranty is valid only if the part or parts were installed in the car by an authorized service of the vehicle brand, otherwise the warranty does not apply to these parts, i.e. the Seller and its suppliers will not accept any claims for parts installed in the car by an unauthorized service of the respective brand. The Buyer is obliged to provide the Seller with an original confirmation of the installation of the relevant electronic component by the authorised repairer together with the written claim; without such confirmation, the claim will be deemed unacceptable. Mechanical components are covered by the normal warranty regardless of installation by a non-authorised repairer of the vehicle make.
If the goods are defective, the Buyer has the right to claim by delivering the goods to the Seller at the Seller's own expense and in the written claim, the Buyer must specify the exact nature and extent of the defects in the goods.

The complaint procedure for goods that can be objectively delivered to the Seller begins on the day when all of the following conditions are met:

1. written complaint signed by the buyer with a precise specification of the type of goods, the extent, description and description of the defects of the goods,

2. delivery of the claimed goods from the buyer to the seller,

3. delivery of proof of payment, delivery note or warranty card, accessories or documentation of the goods from the Buyer to the Seller.

The Seller recommends the Buyer to insure the shipment of goods. Goods sent on delivery are not accepted by the Seller.

The complaint procedure for goods that cannot be objectively delivered to the Seller and that are fixed begins on the day when all of the following conditions are met:

1. written complaint signed by the buyer with a precise specification of the type of goods, the extent, description and description of the defects of the goods,

2. inspection of the claimed goods by a third party appointed by the Seller, who will issue a written confirmation of the inspection to the Buyer,

3. delivery of proof of payment, delivery note or warranty card, accessories or documentation of the goods from the Buyer to the Seller.

The commencement of the claim procedure is also the date of the claim. The claimed goods must be delivered to the Seller's registered office, unless the Seller or a designated person specifies otherwise (e.g. deliver the goods directly to the designated person).
Buyers are obliged to make claims and the Seller is obliged to accept claims at its warehouse at Dolná Ždaňa 60, or at its registered office, or at any other place designated by the Seller.
The Seller shall ensure the presence of a person authorised to handle complaints at the place designated pursuant to clause 10.10 of these General Terms and Conditions for the receipt of complaints.
The Buyer is obliged to claim defects in the goods from the Seller without undue delay, otherwise the Buyer's right against the Seller to have the defect removed free of charge expires.
The Seller or a designated person shall issue to the Buyer a confirmation of the claim in a suitable form chosen by the Seller, e.g. in the form of an e-mail or in writing, in which the defects of the goods shall be accurately identified and the Buyer shall be advised of his/her rights under the provisions of Section 622 and Section 623 of the Civil Code.
On the basis of the buyer's decision, which of his rights within the meaning of § 622 and § 623 of the Civil Code he claims, the seller or a designated person shall determine the method of handling the complaint. After determining the method of handling the complaint, the seller or the designated person shall handle the complaint immediately; in justified cases, the complaint may also be handled later. The Seller shall inform the Buyer of the conclusion of the complaint procedure and the outcome of the complaint in a form agreed between both Parties (by e-mail, registered letter or other appropriate means) and the Buyer shall receive the complaint report together with the goods.
The buyer does not have the right to claim warranty for defects of which the seller was notified at the time of conclusion of the contract or of which, taking into account the circumstances under which the purchase contract was concluded, he should have known (e.g. in the case of items sold for a lower price, the seller is not liable for the defect for which the lower price was negotiated).
The Seller reserves the right to replace the defective goods with other similar goods with comparable technical parameters.
The buyer's right to claim the warranty expires:
1. failure to submit proof of payment, delivery note or warranty card, accessories or documentation of goods,
2. timely failure to report obvious defects, i. e. non-notification upon receipt of the goods,
3. expiration of the warranty period of the goods,
4. mechanical damage to the goods caused by the buyer,
5. transport, storage or use of goods in climatic conditions which do not correspond by their humidity, thermal, chemical and mechanical influences as the natural environment,
6. improper handling, operation, assembly or neglect of the goods,
7. damage to the goods by excessive loading or use in violation of the conditions specified in the manufacturer's warranty, documentation, general principles, technical standards or safety regulations valid in the Slovak Republic,
8. damage to the goods by unavoidable and/or unforeseeable events, including force majeure circumstances,
9. damage to the goods by accidental destruction and accidental deterioration,
10. unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other force majeure,
11. unathorized tampering with the goods by an unathorized entity or person,
12. assembly of the electronic component by an unauthorised service of the given vehicle make,
13. for other reasons stated in these general terms and conditions, or for reasons agreed in the relevant concluded framework purchase contract, as well as for reasons ad hoc agreed in writing between the Seller and the Buyer.
The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
1. by handing over the repaired goods,
2. exchange of goods,
3. by refunding the purchase price of the goods,
4. by paying a reasonable discount on the price of the goods,
5. by a written invitation to take delivery of the performance specified by the Seller,
6. by reasoned rejection of the complaint.
The Seller, after handling the complaint by one of the methods specified in clause 10.18, shall issue to the Buyer a written proof of the manner in which the complaint has been handled by a postal or courier or delivery service provider, or by e-mail, or in any other appropriate manner.
The warranty period is 12 months (unless a different warranty period is specified for specific cases) and starts from the date of receipt of the goods by the buyer.
The warranty period shall be extended by the period during which the buyer could not use the goods due to the warranty repair of the goods.
If repairs are made to the goods, the buyer will receive a document showing the repaired goods and the repairs made, and any further claims will be made on the basis of the original warranty certificate and this claim document. If the goods are replaced with new goods, the warranty period will start again from receipt of the new goods, but only for the new goods.
All legitimately claimed warranty repairs will be carried out free of charge.
In the case of a remediable defect, the claim will be handled in the following manner, depending on the Buyer's decision pursuant to clause 10.14. of these Complaints and Terms and Conditions:
1. the seller ensures that the defect is rectified, or
2. the seller will replace the defective goods.
If there is a defect that cannot be removed, or one repeatedly repeated removable defect, or a greater number of different removable defects, which prevent the goods from being properly used as without defect, the Seller shall, depending on the Buyer's decision pursuant to clause 10.14. of these Complaints and Terms and Conditions, handle the complaint in the following manner:
1. by exchanging the goods for other functional goods of the same or similar technical parameters, or
2. in the event that the Seller is unable to replace the goods with other goods, the Seller shall settle the claim by issuing a credit note for the defective goods.
The handling of the complaint applies only to the defects that were precisely stated by the buyer in the written complaint at the beginning of the complaint procedure.
For the purposes of the complaint, the occurrence of a single repairable defect more than twice is considered to be a repetitive repairable defect.
For the purposes of the complaint, the occurrence of more than three different repairable defects at the same time shall be deemed to be a greater number of different repairable defects.
For the purposes of the complaint, the period during which the Buyer cannot properly use the goods shall be deemed to be the period during which the Buyer cannot use the goods for a total of more than 180 days after the conclusion of the contract of sale due to defects in the goods.
The Buyer's right to claim a defect in the Goods is exhausted after he has exercised his right and requested the Seller to remedy the defect in the Goods pursuant to clause 10.7 of these Complaints and Terms and Conditions and, regardless of the outcome of the claim, he is not entitled to make a claim again for the same unique defect (not a defect of the same kind).
Complaints policy:
1. Contact the Complaints Department by phone
2. List a complaints form
3. Complaint of a part connected with fault detection using diagnostics - make a record in print form, upload as an attachment (max. 8 MB)
4. Follow the instructions - answers from the complaints department in the section List of complaints - reply (or reply by email)
5. AGP will arrange an inspection appointment with an Authorized Dealer to inspect the damaged, non-functioning part after items 1 and 2 have been met
6. Subsequently, the complaint will be dealt with at an Authorised Service Centre in the customer's vicinity.

Personal data and their protection

The Parties agree that the Buyer, if he is an entrepreneur under a trade license, is obliged to notify the Seller of his name, surname and title, address of permanent residence, including postal code, business ID number, telephone number and e-mail address.
The Parties agree that the Buyer, in case he is an entrepreneur registered in the Commercial Register of the Slovak Republic or in a similar register abroad, is obliged to notify the Seller of his business name, registered office address including the postal code, company ID number, registration court together with the registration number, telephone number and e-mail address and title, the name, surname and telephone number of the person or persons authorised to act and conclude legal transactions on behalf of the entrepreneur, or the title, name, surname and telephone number of the person who is authorised by the person(s) authorised to act on behalf of the entrepreneur, together with the presentation of a valid power of attorney.
By successfully registering on the Seller's website, the Buyer also declares that he/she agrees in accordance with § 7 (1) of Act no. 428/2002 codex on the protection of personal data, as amended (hereinafter referred to as "ZnOOÚ"), that the Seller processes and stores his personal data, especially those listed above and/or which are necessary for the Seller's activities and processes them in all its information systems. At the same time, the Buyer grants the Seller its consent to the provision of personal data to another person for the purpose of concluding a sales contract between the Seller and the Buyer. The Seller undertakes to handle and dispose of the Buyer's personal data in accordance with the applicable laws of the Slovak Republic. The Buyer grants the Seller this consent for a limited period of time until the purpose of processing the Buyer's personal data is fulfilled. The consent to the processing of personal data may be revoked by the Buyer at any time in writing. The consent shall expire within 1 month from the receipt of the withdrawal of consent by the Buyer to the Seller.
The buyer has the right and opportunity to update his personal data directly in the online mode on the website of the online store, in the customer section, immediately after logging in. The Buyer is obliged to update his/her personal data directly in the online mode on the website of the online shop, in the customer section, always within 5 working days from the date of any change of any data concerning the Buyer indicated in his/her registration form.
The Seller declares that, in accordance with the provisions of § 6 (1) (c) ZnOOÚ, personal data will be collected solely for the purpose of concluding a purchase contract between the Seller and the Buyer.
The Seller declares that, in accordance with the provisions of § 6 (1) (e) ZnOOÚ, it will collect personal data for purposes other than those specified in Section 11.5 of these General Terms and Conditions separately and will ensure that the personal data is processed and used only in a manner that corresponds to the purpose for which it was collected and that it will not combine it with personal data that was collected for other purposes.
The Seller declares that, in accordance with the provisions of § 6 (1) (i) ZnOOÚ, it will process personal data in accordance with good manners and will act in a manner that does not contradict the Act or other generally binding legal regulations. The Seller declares that it will not coerce or condition the data subject's consent by threatening to refuse a contractual relationship, service, goods or obligation imposed on the Seller.
The Buyer has the right to request the Seller in writing to:

a) in a generally understandable form, information on the status of processing of their personal data in the information system to the extent pursuant to § 26 (3) ZnOOÚ; upon the issuance of a decision pursuant to § 4 letter b) ZnOOÚ, the Buyer shall be entitled to familiarize themselves with the processing procedure and the evaluation of operations,

b) precise information in a generally comprehensible form about the source from which he obtained his personal data for processing,

c) a copy of his personal data subject to processing in a generally intelligible form,

d) the rectification of inaccurate, incomplete or outdated personal data subject to processing,

e) the destruction of his or her personal data, if the purpose of processing pursuant to § 13 par. 1) ZnOOÚ of the GDPR has been fulfilled; if official documents containing personal data are processed, he or she may request their return,

f) the destruction of his personal data subject to processing if the law has been violated.
The right of the buyer can be restricted only according to § 1 letter d) and e) ZnOOÚ, if such a restriction results from a special law or its application would violate the protection of the buyer, or the rights and freedoms of other persons would be violated.
The buyer has the right to object to the seller on the basis of a free written request

a) the processing of his personal data which he assumes are or will be processed for direct marketing purposes without his consent and request their destruction,

b) use of personal data specified in § 7 (4) letter d) ZnOOÚ for the purposes of direct marketing by post; or

c) provision of personal data specified in § 7 (4) letter d) ZnOOÚ for the purposes of direct marketing.
The buyer, on the basis of a free written request or in person, if the matter cannot be postponed, has the right to object to the seller at any time:

a) against the processing of personal data in cases pursuant to § 7 (4) letter a), e), f) or g) ZnOOÚ by expressing justified reasons or by providing evidence of unauthorised interference with his rights and legally protected interests, which are or may in a specific case be harmed by such processing of personal data; if this is not prevented by legal reasons and it is proved that the buyer's objection is justified, the seller is obliged to block and destroy the personal data, the processing of which the buyer objected to, without undue delay as soon as circumstances allow,

b) and not to submit to a decision of the seller which would have legal effects or a significant impact on it, if such a decision is issued solely on the basis of acts of automated processing of his personal data. The buyer has the right to request the seller to review the issued decision in a manner different from the automated form of processing, while the seller is obliged to comply with the buyer's request, so that the authorised person will have a decisive role in reviewing the decision; the seller informs the buyer about the method of examination and the result of the findings within the period according to § 21 (3) ZnOOÚ. The buyer does not have this right only if provided for by a special law in which there are measures to safeguard the legitimate interests of the buyer, or if the decision was taken during the conclusion or performance of the contract between the seller and the buyer, provided that the buyer's request was met whichis the content of the contract, or the buyer has been granted the right to exercise his views at any time during the term of the contract.
The buyer has the right to disagree with the seller's decision under § 23 (5) ZnOOÚ and refuse the transfer of their personal data to a third country that does not guarantee an adequate level of personal data protection, if the transfer is to be carried out on the basis of § 23 (4) letter a) ZnOOÚ.
If the buyer suspects that his personal data is being processed unjustifiably, he may submit a notification to the Office for Personal Data Protection.
If the buyer does not have full legal capacity, his rights can be exercised by a legal representative. If the buyer is not alive, his rights, which he had according to ZnOOÚ, can be exercised by a close person.
Requirements of the buyer according to § 20 (1) letter a), d) to f) ZnOOÚ will be fulfilled by the seller free of charge. Information according to § 20 (1) letter b).
The seller will comply with the requirements of the buyer according to § 20 ZnOOÚ and inform him in writing no later than 30 days from their receipt of such request.
Restriction of the buyer's rights according to § 20 (1) letter d) and e) the seller shall immediately notify the person concerned and the Office in writing.

Withdrawal from the contract of sale

The seller is entitled to withdraw from the purchase contract due to the sold out stock, unavailability of goods, or if the manufacturer, importer or supplier of goods agreed in the purchase contract interrupted production or made major changes that prevented the fulfillment of the seller's obligations under the purchase contract or force majeure or if, even with all reasonable efforts to be required of him, he is unable to deliver the goods to the customer within the period specified in these terms and conditions or at the price indicated in the online store. The seller is obliged to immediately inform the buyer of this fact and return the deposit already paid for the goods agreed in the purchase contract within 15 days of notification of withdrawal from the contract by wire transfer to the account specified by the buyer.
If it is a defect that cannot be removed and which prevents the goods from being properly used as a goods without defects, the buyer has the right to exchange the goods or has the right to withdraw from the contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer cannot properly use the item due to the recurrence of the defect after repair or for a larger number of defects in accordance with clauses 10.27 and 10.28 of these general terms and conditions.

Force majeure

Force majeure shall be deemed to exist if the performance of a party's contractual obligations is totally or partially prevented or complicated by any power over which the parties have no control and is independent of the will of the parties, as well as in the event of such situation which make it impossible to expect performance of a particular obligation by either party, regardless of whether such events could have been foreseen or anticipate existence of these facts at the time of signing the relevant purchase agreement.
In the event of force majeure, the obligations of both parties shall be temporarily suspended until force majeure ceases to exist. If the duration of force majeure is more than 9 working days from the date of receipt of the notification stated in clause 13.4. of this article, either party may immediately withdraw from the relevant purchase agreement in part or in full, in which case neither party shall be entitled to compensation for any damage or loss of profit.
Force majeure includes: cases of floods, earthquakes, as well as other natural disasters, explosions, fires, wars or military operations, international conflicts, civil unrest, riots, quarantines, embargoes, mobilizations, strikes, general strikes, blockades, prohibitions export or import or other matters over which the contracting parties have no control and which are independent of the will of the contracting parties. The facts mentioned in this clause as well as the facts mentioned in clause 13.1. are also considered as reasons of force majeure, as for the supplier, respectively suppliers of the seller.
A party with a total or partial impossibility of fulfilling obligations due to force majeure is obliged to inform the other party in writing within 3 working days of the occurrence or termination of these obstacles, respectively and within the same period, submit to the other party a confirmation of the occurrence of such a fact from the relevant chamber of commerce or other competent authority.

Final provisions

The seller reserves the right to change these general terms and conditions. The obligation to notify of the changes in these general terms and conditions in writing is fulfilled by placing it on the seller's e-commerce website.
The buyer, respectively clients already registered before the change of the general terms and conditions, automatically agree to the changed general terms and conditions, either at the time of sending the order or 30 days after placing the changed general terms and conditions on the seller's e-commerce website.
If the purchase contract is concluded in writing, any change must be in writing.
In case of doubt, the parties agree that the period of use is considered to be the time from delivery of the goods to the buyer (including the date of delivery) to the date of return of the goods to the seller.
The contracting parties have agreed that communication between them will take place mainly in the form of e-mails or by letter.
The relevant provisions of the Commercial Code and the Civil Code apply to all relations not regulated by these general terms and conditions.
These general terms and conditions take effect by registering the buyer on the seller's website.
By registering, the buyer confirms that he has read these general terms and conditions and agrees with them in full.

General Terms and Conditions

Content: