1 Guarantee and Complaints Conditions, Complaints Procedure

4.1 The provisions of this point do not apply to a Purchaser who purchases goods for business purposes and not for the purposes of personal consumption of natural persons. Liability for defects of goods, in this case, is governed by the provisions of §422 et seq. of the Commercial Code. The Seller deals with customers’ complaints in accordance with the legal provisions of the Slovak Republic, in particular, Act No. 250/2007 Coll. as amended, the Civil Code of the Slovak Republic and the applicable legal provisions.

4.2 Pursuant to the legal provisions of the Slovak Republic, the standard length of the guarantee period for all goods purchased on the basis of civil-law relationships is 24 months unless the legal provisions of the Slovak Republic stipulate a shorter guarantee period for certain types of goods. The guarantee period starts on the date the goods are accepted by the Purchaser.

4.3 The duration of the guarantee period is governed by the legal provisions of the Slovak Republic. If a time limit for use is indicated on the item being sold, its packaging or in the accompanying instructions, the guarantee period shall not end before the expiry of this period.

The warranty does not cover the defects and damages caused: by standard wear, actions of the Purchaser or a third party after the goods have been accepted by the Purchaser, improper or rough handling, excessive burden, mechanical damage or wear, using the goods contrary to the instructions of use or intended purposes, or by non-compliance with the rules for the use, maintenance or storage, by natural disasters, improper or incorrect assembly, installation or storage, as a result of a failure to perform regular maintenance and service inspections (if instructed to do such inspections by the user manual).

4.4 The Purchaser’s guarantee also expires in the event the seal is removed from the goods or if the goods have been tampered with.

4.5 The Purchaser may lodge a complaint by sending the goods along with other required documents (particularly the proof of purchase) to the central complaint department of MOSS.SK s.r.o. to the address: M.R. Štefánika 297/11, 050 01 Revúca.

4.6 The Purchaser shall enclose a legible original or a copy of the proof of purchase with the claimed goods, and provide a detailed description of the defect and the way the defect is manifested on the outside. The goods shall be delivered in an unaltered condition and with the accessories supplied with the goods.

4.7 When lodging a complaint, the Seller shall issue a confirmation to the consumer. In the event the complaint is lodged by means of distance communication, the Seller shall deliver the confirmation of the lodged complaint to the consumer when delivering the proof of the settlement of the complaint at the latest; the confirmation of the lodged complaint need not be delivered if the consumer has an opportunity to prove the lodging of the complaint in another way. It is not possible to evaluate the complaint without presenting the goods.

4.8 If there is a defect that can be removed, the Purchaser is entitled to have the defect removed free of charge and in a timely and proper manner. The Seller is obliged to remove the error without undue delay. The Purchaser may ask for a replacement of the item instead of a removal of the defect, or, if the defect concerns only a part of the item, the replacement of the part of the item, provided that no unreasonable costs arise to the Seller with regard to the price of the goods or the seriousness of the defect. The Seller may always replace the defective item with a defect-free one instead of removing the defect, provided that this does not cause serious difficulties to the Purchaser. If there is a defect that cannot be removed and this defect prevents the item from being used properly as a defect-free item, the Purchaser is entitled to have the item replaced or withdraw from the Agreement. The same rights belong to the Purchaser if there is a removable defect, but the Purchaser cannot properly use the item due to the re-occurrence of the defect after the repair or due to a larger number of defects. If there are irremovable defects, the Purchaser is entitled to a reasonable discount on the price of the item.

4.9 The Seller shall issue a confirmation of the lodged complaint no later than 30 days from the day the complaint has been lodged in accordance with the Law on Consumer Protection and the legal provisions. The Purchaser acknowledges and agrees with the fact that the confirmation of the lodged complaint and the proof of the settlement of the complaint will be delivered to the Purchaser in accordance with the legal provisions. Upon the completion of the complaints procedure, as well as at the request of the Purchaser, the Purchaser is obliged to accept the claimed goods from the Seller within 15 days, provided that the complaint was settled by means of repair, discount, replacement of the goods (new goods) or rejection of the complaint.

4.10 In the event the Purchaser fails to accept the delivery of the goods within 30 days after the complaint has been settled or within 30 days of the date of repeated delivery of the goods to the Purchaser or the Purchaser fails to collect the goods within the same time period from the moment the Seller sends an invitation to pay to the contact address provided by the Purchaser, the Seller is entitled to ask the Purchaser to pay him/her the amount of €0.25 for each day of storage pursuant to the legal provisions.


5. Returning the Ordered Goods – Withdrawal from the Agreement

5.1. The Seller shall be entitled to withdraw from the Purchase Agreement as a result of stocks being exhausted, unavailability of the goods or if the manufacturer, importer or supplier of the goods agreed upon in the Purchase Agreement, discontinued the production or made such significant changes that prevented fulfilment of the obligation of the Seller arising from the Purchase Agreement or by reason of force majeure or if the Seller, despite all reasonable efforts to do so, was not able to deliver the goods to the customer in the time period stipulated by these commercial conditions or at a price specified in the online store. The Seller is obliged to immediately inform the Purchaser of this fact and to return the already paid advance payment for the goods agreed upon in the Purchase Agreement to the Purchaser within 15 days from the notice of withdrawal from the Agreement by a transfer to the bank account designated by the Purchaser.

5.2. The Purchaser has the right to withdraw from the Purchase Agreement without giving a reason under the conditions governed by Act No. 102/2014 Coll. on the Protection of Consumers in Sale of Goods or Provision of Services under Remote Contracts or Contracts Executed Outside the Business Premises of the Seller and on Amendments to Certain Acts (hereinafter referred to as the “Act on the Protection of Consumers in Sale of Goods”) within 14 days from the date of receipt of the goods. Within this period, the Purchaser has the right to unpack and test the goods in a similar way as is usual when purchasing the goods in a standard permanent store. However, testing the goods does not mean using them and then returning them to the Seller. The goods are deemed to have been accepted by the Purchaser the moment the Purchaser or a third party designated by the Purchaser, with the exception of the carrier, accepts all parts of the ordered goods, or in the event
(a) the goods ordered by the Purchaser in one purchase order are delivered separately, the moment the goods that were delivered last are accepted, or in the event
(b) the goods consisting of several parts or pieces are being delivered, the time of receipt of the last part or the last piece, or in the event
(c) the goods are being delivered repeatedly over a defined period of time, the moment the first goods are accepted.

5.3. By sending a purchase order to the Seller, the Purchaser confirms that the Seller has fulfilled his/her information obligations in a timely and proper manner in accordance with the provisions of §3(1) of Act on the Protection of Consumers in Sale of Goods.

5.4. The Purchaser may exercise the right of withdrawal from the Agreement in paper form or in the form of records on another durable medium or through a withdrawal form sent to the Seller’s mailing address: MOSS.SK, s.r.o., M.R.Štefánika 297/11, 05001 Revúca, Slovak Republic. The withdrawal form can be downloaded here.

5.5. Withdrawal from the Purchase Agreement by means of a withdrawal form under the preceding paragraph of these General Terms and Conditions shall contain the information required therein, particularly the exact specification of the goods, date of order placement, name and surname of the consumer(s), address of the consumer(s), signature of the consumer(s), the manner in which the Seller shall return the already-received payment, particularly the account number and/or the postal address, date. By withdrawing from the Purchase Agreement, the Purchaser is obliged to deliver the goods to the Seller, together with the accessories, including the documentation, instructions, guarantee statement, proof of payment, etc. and send or bring them to the Seller in the original packaging to the address: MOSS.SK, sro, M.R.Štefánika 297/11, 05001 Revúca, Slovak Republic. We recommend insuring the goods. The Seller does not accept cash-on-delivery consignments.

5.6. In the event the Purchaser withdraws from the Agreement, any additional agreement related to the Agreement the Purchaser withdrew from, shall be made void from the outset.

5.7. The Purchaser may withdraw from an agreement, the subject-matter of which is the delivery of goods, even before the commencement of the withdrawal period. The withdrawal period is respected if the Purchaser sends a notification of the exercise of the right of withdrawal before the withdrawal period expires.

5.8. Upon withdrawal from the agreement, the Seller shall return to the Purchaser the payments, which the Purchaser demonstrably made in connection with the conclusion of the Agreement, i.e. the purchase price. However, the Seller is not obliged to pay the additional costs to the Purchaser in the event the Purchaser chose a different type of delivery than the cheapest standard type of delivery offered by the Seller. The term “additional costs” means the difference between the costs for delivery chosen by the Purchaser and costs for the cheapest type of delivery offered by the Seller. The payments shall be returned to the Purchaser within 14 days of the date the Purchaser’s notice of withdrawal is delivered to the Seller. The payment shall be made in the same manner the Purchaser used when making payments to the Seller, provided that the Purchaser did not specify a different type of payment in the withdrawal form, without charging any additional fees.

5.9. The payment for the purchased goods shall be made to the Seller only after the returned goods are delivered to the address specified in point 5.5 of these General Terms and Conditions or upon the submission of the document proving the return of the goods, whichever is the earlier.

5.10. In the event the Purchaser withdraws from the Agreement within the meaning of point 5.2 of these General Terms and Conditions and delivers to the Seller the goods that are used and damaged or incomplete or the value of the goods in question is reduced as a result of such handling of the goods that is beyond the handling necessary to ascertain the properties and functionality of the goods, the Seller is entitled to claim damages in the amount of the restoration of the goods to their original state, or the claimant has the right to ask the consumer to pay the reduction of the value of the goods.

5.11. The Purchaser is obliged to send back and return to the Seller the goods, together with accessories including the documentation, instructions, guarantee statement, proof of payment, etc. in the original packaging within 14 days of the date of withdrawal from the Agreement.

5.12. Upon withdrawal from the Agreement, the Purchaser shall bear the direct costs of returning the goods to the Seller or to the person authorised by the Seller to accept the goods. The direct costs of returning the goods cannot reasonably be calculated in advance. According to the information available, the projected estimate of the amount of these costs – depending on their size, weight, distance from the place the goods are returned from, and the prices for the services the chosen carrier offers – is between EUR 2 to 150.

5.13. Upon withdrawal from the Agreement, the Purchaser shall also bear the direct costs of returning the goods, which cannot be returned by post due to its nature. The direct costs of returning the goods cannot reasonably be calculated in advance. According to the information available, the projected estimate of the amount of these costs – depending on their size, weight, distance from the place the goods are returned from, and the prices for the services the chosen carrier offers – is between EUR 2 to 150.

5.14. In the event the Purchaser fails to fulfil any of the obligations referred to in points 5.4 and 5.5 of these General Terms and Conditions, the withdrawal from the Purchase Agreement is not valid and effective and the Seller is not obliged to refund all the demonstrable payments according to the point 5.8 of these General Terms and Conditions to the Purchaser and at the same time, the Seller is entitled to a reimbursement of the costs associated with sending the goods back to the Purchaser.

5.15. The Purchaser cannot withdraw from an agreement, the subject-matter of which is

(a) the sale of goods manufactured according to the consumer’s specific requirements, custom-made goods or goods specially designed for one consumer,
(b) the sale of audio recordings, visual recordings, audiovisual recordings, books or computer software sold in a protective case, if the consumer has already unpacked the case.
(c) the sale of goods encased in a protective case, the return of which is not appropriate due to health protection or hygiene reasons and the protective case of which was damaged after the delivery, e.g. dental care goods, razor accessories, etc.


6. Final Provisions

6.1 The Seller is entitled to keep and archive the mutual documentation and the Agreement in electronic form along with the relevant General Terms and Conditions for a 5-year period. The archived Agreement is not available to the Purchaser. The Slovak language is used for the conclusion of the Agreement. The Purchaser is entitled to reproduce the essential elements of the Agreement in electronic format pursuant to the legal provisions.

6.2 When delivering electronic messages to the Purchaser, it holds true that if the Seller does not receive an error message saying the message (e-mail or text message) was impossible to deliver to the e-mail address provided or to the Purchaser’s telephone number, the message (e-mail or text message) is considered delivered the next day after being sent, provided that mandatory legal provisions do not specify otherwise. When delivering electronic messages to the Seller (e-mail), it holds true that the electronic document is considered not delivered until the Seller confirms to the Purchaser its delivery by means of a return e-mail message. The consignment is considered delivered even in the event the addressee refused to accept it, or in the event the addressee did not accept it either by his/her own fault or by omission. In such a case, it is considered delivered following the expiry of the storage period at the post office as specified by the consignor and by returning the consignment to the consignor, of which the consignor needs to provide undamaged evidence of. Notices delivered via a deliverer – courier service shall be considered delivered the moment they are accepted by a Contracting Party. In the event of a failed delivery by the courier service, the moment of delivery shall be considered to be the third day after the first delivery attempt was carried out, and the attempt to deliver the goods shall be proved by the deliverer – courier service. It is the exclusive right of the Seller to decide in what form and in which cases to use this form to communicate with the Purchaser (text message or e-mail or by other suitable means).

6.3 Should any of the provisions of the GTC and/or the Agreement be declared invalid or ineffective, such invalidity or ineffectiveness shall not result in the invalidity or ineffectiveness of the remaining provisions of the Agreement/GTC. In such a case, the Parties undertake to replace such invalid or ineffective provision with a new one without any delay so as to preserve the purpose of the relevant invalid or ineffective provision at the time of its adoption, or conclusion of this Agreement.

6.4 The Seller’s activities are to be supervised by the inspectorate of the Slovak Trade Inspection with its registered office in Banská Bystrica for the Banská Bystrica region, Dolná 46, 974 00 Banská Bystrica.

6.5. The applicable law shall be the law of the Slovak Republic. All disputes arising from the GTC, the Agreement or in connection therewith, including the disputes concerning the supply of goods, shall be discussed and adjudicated exclusively by the courts of the Slovak Republic.

6.6 The GTC are valid and binding from the date of their publication on the Seller’s website and may be consulted at the Seller’s registered office, as well. The Seller reserves the right, at his/her own discretion, to cancel, change, amend or replace them with new ones, provided that the concluded agreements are governed by the GTC valid at the time of the conclusion of the Purchase Agreement. By completing a registration, submitting a purchase order and clicking on the consent with the GTC at www.moss.sk when completing the ordering process, the Purchaser confirms to have read and agreed with the content of the GTC, the Complaints Policy and Procedure (Article 5) regarding them as a part of the contractual relationship.

This version of the GTC is published and valid as of 2 March 2014 and will be used for purchase orders delivered to the Seller via a shopping portal after this date.

6.7 The Seller and the Purchaser have agreed to fully accept remote communication – via phone, fax (including a purchase order form filled in by hand), electronic means of communication, particularly via electronic mail and internet network – as valid and binding for both Contracting Parties.

6.8 Dispute resolution – Any disputes between MOSS.SK and the Purchaser may also be resolved via non-judicial means. In this case the Purchaser – the consumer may contact an out-of-court dispute resolution entity, e.g. the Slovak Trade Inspection (www.soi.sk) or resolve the dispute through an ODR platform designated for this purpose (http://ec.europa.eu/odr). The Seller recommends the Purchaser to first contact MOSS.SK to resolve the situation before proceeding to the non-judicial settlement of the dispute. These General Terms and Conditions are valid and effective from 10 April 2016 and repeal the previous version of the GTC. The Purchaser reserves the right to change the GTC without prior notice.