Terms and Conditions

Art. I – Introductory provisions

1. These Terms and Conditions apply to purchase contracts concluded remotely via the www.ecoprogress.eu website (hereinafter referred to as the "Online Store"), whereby by submitting an order, the Buyer expresses that he has become familiar with these Terms and Conditions and the Complaint Terms and has fully understood their content.

2. These Terms and Conditions and Complaint Terms and Conditions are an integral part of the Purchase Contract and are binding on both parties to the Purchase Contract.

3. Distance Sales Contract means a contract concluded between the Seller and the Buyer who is a consumer for the sale of goods and services by mail order exclusively by means of communication, in particular the Internet, telephone and electronic mail (hereinafter referred to as the "Purchase Contract").

4. The Purchase Contract shall be governed in particular by the relevant provisions of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services on the Basis of a Distance Contract or a Contract Concluded Outside the Seller's Business Premises and on Amendments to Certain Acts (hereinafter referred to as the "Act"), Act No. 40/1964 Coll., the Civil Code, as amended, and these Terms and Conditions governing the details of their conclusion and implementation. If the Buyer purchases in connection with business activity (legal entity), the Purchase Contract shall be governed primarily by Act No. 513/1991 Coll., the Commercial Code, as amended, and these Terms and Conditions.

5. The Seller is Ecoprogress s.r.o., Beskydská 9, 811 05 Bratislava - Staré mesto, Company ID No.: 50 885 049, VAT ID: 2120550850, VAT ID: SK2120550850, entry in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert No. 120115/B (hereinafter jointly referred to as the "Seller").

6. The Seller's contact details in relation to the Online Store are:

a) contact telephone number: (+421) 910 322 236 on weekdays between 09:00 and 18:00

b) e-mail: ecoprogress@ecoprogress.eu

c) bank details:
Ecoprogress s.r.o.,
IBAN: SK28 0900 0000 0051 3154 3745 (Slovenská sporiteľňa a.s.)

When entering the account number and other data, be vigilant, because in case of incorrect filling, the goods will not be able to be sent to you afterwards!

7. The Seller is entitled to sell services (which includes communication with the Buyer, invoicing, sending services, etc.) through (using) the Online Store.

8. The Buyer shall mean the user of the Website, or any visitor to the Website, who has placed an order via electronic communication (hereinafter referred to as the "Buyer"). The Buyer acknowledges electronic communication with the Seller primarily via the Online Shop, telephone and e-mail communication. If the Buyer purchases in connection with business activity (legal entity), he shall also state the business name, place of business or registered office, company number and VAT number (VAT number) and contact address.

9. A service is any product published on the Online Store.

10. The supervisory authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region (Bajkalská 21/A, 820 07 Bratislava), Supervision Department, tel. no. 02/58 27 21 72 or 02/58 27 21 04.

Art. II – Information on goods and prices

1. The price of the goods listed in the catalogue of the Online Store is final, including VAT. The price does not include the costs associated with the delivery and transport of the goods or other additional services, such as assembly services. The costs associated with the delivery of the goods and the costs of other optional services will be automatically added to the purchase price of the goods. The seller is a VAT payer.

2. All promotions are valid until stocks last, unless otherwise stated for a specific product, or until the validity date of the promotion.

3. According to Act No. 222/2004 Coll. on Value Added Tax, it is not possible to change the data in an already issued tax document (invoice) from 1 January 2013. The data in the tax document (invoice) can only be changed if the customer has not yet received and paid for the goods.

Art. III – Order of goods

1. The Buyer confirms that by submitting the order he accepts the price of the goods, business terms and conditions and complaint conditions of the Online Store.

2. All information and documents regarding the order will be sent to the Buyer's e-mail address, in particular: the Buyer's invoicing data, the delivery address, the specification of the goods, the quantity of the ordered goods and the final price of the goods.

3. When confirming the order, the total price of the ordered goods and the estimated delivery date will be determined.

4. Before sending the order definitively, the Seller recommends the Buyer to use the opportunity to carry out a thorough check of the entire order and to study these Terms and Conditions and Complaint Terms and Conditions in detail.

Art. IV – Method of concluding a purchase contract

1. The Purchase Contract is concluded by binding acceptance of the proposal to conclude the Buyer's Purchase Contract by the Seller in the form of:

a) the Buyer's e-mail message sent to the Seller on info@ecoprogress.eu, or

b) a telephone order.

2. Binding acceptance of the order is an e-mail/telephone confirmation by the Seller to the Buyer of the acceptance of the order after prior acceptance of the order and after verifying the availability and delivery date of the goods requested by the Buyer.

3. Binding acceptance of the order contains data on the name and specification of the goods the sale of which is the subject of the purchase contract, as well as information on the price of the goods and/or other additional services, the name and data on the Buyer or the address where the goods are to be delivered, the method of transport of the goods to the agreed place of delivery of the goods for the Buyer, data on the Seller, or other data.

4. The Purchase Contract may be amended, cancelled or supplemented only on the basis of a mutual agreement between the Buyer and the Seller, unless otherwise stipulated by law or other generally binding legal regulation.

5. If necessary, all other information regarding the Buyer's order may be sent to the Buyer's e-mail address.

Art. V – Obligations of the Contracting Parties

The Seller undertakes to supply:

1. The type and quantity of the goods in the purchase price and under the payment terms applicable on the day of dispatch of the order, except for obvious errors, in the event of a significant change in the price of the goods or unavailability of the goods.

2. Goods that will be properly packaged to avoid damage during transportation.

The Seller is not responsible for:

1. Delayed delivery of goods caused by an incorrect address of the recipient.

2. Any failure to deliver goods due to unforeseeable obstacles.

The Buyer undertakes:

1. Take over the ordered goods, check the integrity of the packaging and notify them immediately in case of any defects.

2. Pay the purchase price for the goods in the amount and in accordance with the payment terms valid on the day of sending the order.

3. Do not damage the good business name of the Seller.

Art. VI – Withdrawal from the purchase contract

1. The Buyer, who is a consumer, is entitled to withdraw from the contract without giving a reason in accordance with Act No. 102/2014 Coll. within 14 days of receipt of the goods. In the event that the goods were delivered separately within one order, the withdrawal period runs from the moment of receipt of the goods that were delivered last.

2. In accordance with Section 7 (6) of Act No. 102/2014 Coll. The Buyer may not withdraw from a contract the subject of which is, for example:

(a) the sale of goods enclosed in protective packaging which are not suitable for return for health protection or hygienic reasons and the protective packaging of which has been damaged after delivery;

b) the sale of goods made according to the specific requirements of the consumer, goods made to measure or goods intended specifically for one consumer (custom-made goods),

c) sale of goods that are subject to rapid deterioration or perishability,

(d) carrying out urgent repairs or maintenance expressly requested by the Seller by the Consumer;

e) the provision of electronic content other than on a tangible medium, if its provision began with the express consent of the consumer and the consumer has declared that he has been duly instructed that by giving such consent he loses the right to withdraw from the contract,

f) the sale of periodicals, with the exception of sales on the basis of a subscription agreement and the sale of books not supplied in protective packaging,

(g) the sale of phonograms, video recordings, phonograms, books or computer software sold in protective packaging, where the consumer has unpacked that packaging.

3. After receiving the goods, the Buyer has the right to unpack the goods within the period of withdrawal from the contract in order to determine the properties and functionality of the goods, but he does not have the right to start using the goods and return them to the Seller after a few days. Goods used even to a larger extent cannot be returned, unless the Seller decides otherwise in a specific case; in such a case, the Buyer is responsible for the decrease in the value of the goods that occurred as a result of such handling of the goods that is beyond the treatment necessary to determine the characteristics and functionality of the goods. In relation to the condition referred to in the previous sentence, only goods that are:

a) it is in its original condition,

b) does not show signs of use and wear to a greater extent,

c) it is undamaged,

d) is complete (including accessories).

4. The Buyer is obliged to exercise the right to withdraw from the contract in writing in paper form or in electronic form to the Seller's e-mail address, or by sending a completed form available on the Seller's Website. The period for withdrawal from the contract is considered to have been met if the notice of withdrawal from the contract was sent no later than the last day of the period.

5. The Buyer is obliged to send the goods back to the Seller's address no later than 14 days from the date of withdrawal from the contract. The Seller recommends that the Buyer make a copy of the tax document (invoice) for his own use and send the goods by registered mail and as an insured shipment. It is not advisable to send the goods by cash on delivery, such goods will not be accepted.

6. The buyer is obliged to attach to the package a tax document (invoice), with complete accessories, documentation, packaging, etc., which was delivered to him. The deadline for returning goods is considered to be met if the goods were handed over for transport no later than on the last day of the period.

7. The costs associated with the return of the goods are borne by the Buyer. According to the available information, the estimated costs depending on the size, weight of the goods, the distance from where the return of the goods is made and the prices at which the carrier selected by the Buyer provides its services in the amount of approximately EUR 25 is assumed.

8. The Seller undertakes to return the purchase price within 14 days at the latest. Payment will be made in the same way as the Buyer used for payment, unless another payment method has been agreed. Payment for the purchased goods will be made only after the returned goods are delivered back to the Seller's address, or after the presentation of a document proving that the goods have been sent back, whichever comes first. In the event of an unjustified withdrawal from the contract, the goods will be returned at the Buyer's expense.

9. In the event that the Buyer fails to fulfil any of its above-mentioned obligations under these Terms and Conditions, the withdrawal from the contract is not valid and effective and the Seller is not obliged to return all demonstrable payments under these Terms and Conditions to the Buyer and is also entitled to reimbursement of the costs associated with sending the goods back to the Buyer.

10. A buyer who purchases as part of a business activity may withdraw from the purchase contract only in accordance with the provisions of Act No. 513/1991 Coll., the Commercial Code.

Art. VII – Order Cancellation

1. The Buyer may cancel an order that has not yet been processed by the payment of the purchase price at the latest by sending a request to the address ecoprogress@ecoprogress.eu. The Seller does not charge any fees for the cancellation of the order according to the previous sentence.

2. The Seller has the right to cancel the order due to sold out or unavailability of the goods. The Seller will immediately inform the Buyer about the cancellation of the order by phone or e-mail. In the event that the Buyer has paid the purchase price or part thereof, it will be returned to the Buyer within 14 days by wire transfer to the account from which the payment of the purchase price was made.

Art. VIII – Payment Terms

1. The Website offers the following payment options:

1. a. payment via Certified Payment Gateway – Payment made electronically through a secure payment gateway with the possibility of payment by VISA, VISA Electron, MasterCard, Maestro, V Pay or via internet banking. The payment gateway complies with global standards and meets the strictest security requirements of MasterCard SecureCode and Verified by VISA.

1. b. by transfer to the Seller's bank account.

2. The price for the delivery of a service ordered within one order is independent of the number of pieces ordered.

3. The tax document (invoice) is sent to the Buyer's e-mail address or will be delivered upon delivery of the service. Sent electronic invoices are in PDF format secured against alteration of content and meet all the requirements of a tax document.

Art. IX – Delivery conditions

1. The delivery time begins on the day of receipt of payment to the Seller's bank account.

2. Usual availability of goods is subject to change and the Seller does not guarantee the immediate availability of the goods offered.

3. Unless otherwise agreed, the Seller undertakes to deliver the goods to the Buyer within 30 working days, but no later than 95 working days from the execution of the order, unless a longer period is specified. If the goods are in stock, they are dispatched in the shortest possible time. Delivery of goods is carried out on working days from 08:00 to 18:00.

4. Delivery times are extended in the event of unexpected events beyond the Seller's control, such as unexpected force majeure, bets and other obstacles beyond the Seller's control.

5. If there are several goods in the order and some of them are not in stock, the Seller informs the Buyer about it with the possibility of partial deliveries. This applies even if there is only one product in the order.

6. The Buyer is obliged to completely unpack the goods immediately after the delivery of the consignment with the goods and determine whether they are not mechanically damaged. In the event of mechanical damage or incompleteness of the consignment, the Buyer undertakes to immediately inform the Seller by e-mail or telephone and to write a so-called damage record with the carrier.

7. The Buyer is obliged to provide cooperation for the smooth acceptance of the goods. If the Buyer fails to do so and the goods are returned at the Seller's expense due to repeated failure to reach the Buyer, the Seller is entitled to compensation for the damage incurred against the Buyer in the amount of the actual costs of the attempt to unsuccessfully deliver the goods.

8. The Buyer is obliged to take over the goods at the place and time that is the Seller or his representative, authorized to deliver the goods and the Buyer agreed in the Purchase Contract or in another way at the time before the delivery of the goods.

9. The price for the delivery of the goods is not included in the purchase price of the goods. These will be quantified in the price offer sent by email.

10. When delivering 3 or more shelters, the price for additional transport is charged.

Art. X – Complaints Procedure

1. The Buyer submits a complaint in writing by post at the Seller's address or by e-mail at the e-mail address ecoprogress@ecoprogress.eu within the statutory warranty period, which is 48 months or unless otherwise agreed. The warranty period begins on the day of receipt of the order.

2. When filing a complaint, the Buyer is obliged to send the Seller the original tax document (invoice) together with the claimed goods. The Seller will not accept the claimed goods sent by the Buyer on delivery. The goods must be properly packed to prevent damage to the goods during transport and we recommend sending the goods by registered mail and as an insured shipment.

3. When filing a complaint, the Buyer is obliged to truthfully state all required information, in particular to accurately indicate the type and extent of the defect of the goods. The Buyer is obliged to take a clear photo of these defects and send them to the above e-mail address.

4. The Seller is responsible for defects found on the sold goods upon receipt by the Buyer and for defects that occur after the receipt and use of the goods during the warranty period.

5. The Seller shall not be liable for defects caused in particular by the following use: mechanical damage, unavoidable event (natural disaster, improper handling), contrary to the usual way of use, in special cases, if it results from the nature of the matter also by the intervention of an unauthorized person, including the user, or other unprofessional intervention, use of the goods in conditions that do not correspond in their humidity, chemical and mechanical influences of the natural environment of the goods, neglect of care and maintenance of the goods, damage to the goods by excessive loading, use of the goods contrary to general principles, technical standards or safety regulations or other violation of warranty conditions.

6. The Seller shall determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the date of filing the complaint, in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of filing the complaint, and then settle the complaint within a period that may not exceed 30 days from the filing of the complaint. The settlement of the complaint will be notified to the Buyer by phone, in writing or by e-mail. The settlement of the complaint takes a maximum of 30 days from the date of delivery of the claimed goods to the Seller, unless otherwise agreed.

7. In the case of a complaint filed within 12 months of the purchase of the product, the Seller may settle the complaint by rejection only on the basis of an expert assessment. If the Seller rejects the complaint filed after 12 months from the purchase of the product, the Seller is obliged to inform the Buyer to whom the product can be sent for expert assessment. For the purpose of handling complaints, an expert assessment means, among other things, the opinion of an authorized person or a person authorized by the manufacturer to perform warranty repairs. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related costs reasonably incurred, shall be borne by the Seller regardless of the result of the expert assessment.

8. If it is a defect that can be removed, the Buyer has the right to have it removed free of charge, in a timely manner and properly. The Seller decides on the method of removing the defect and is obliged to remove the defect without undue delay. If it is a defect that cannot be removed and which prevents the item from being properly used as an item without a defect, the Buyer has the right to replace the item or has the right to withdraw from the Purchase Contract. The same rights belong to the Buyer if the defect is remediable, but if the Buyer cannot properly use the item due to the recurrence of the defect after repair or due to a larger number of defects. The recurrence of a defect after repair is considered to occur when the same defect that was removed at least twice during the warranty period occurs again. A larger number of defects is considered to be when the Goods have at least three removable defects at the same time, and each of these defects prevents the proper use of the Goods. Instead of removing the defect, the Buyer may require the replacement of the Goods or, if the defect concerns only a part of the Goods, the replacement of this part, provided that the Seller does not incur disproportionate costs with regard to the price of the Goods or the severity of the defect. If it is an irreparable defect that does not prevent the proper use of the Goods, the Buyer is entitled to a reasonable discount on the price of the Goods.

9. If the Buyer has the right to exchange the Goods or the right to withdraw from the contract, it is up to the Buyer to exercise one of these rights. However, once the Buyer chooses one of these rights, he can no longer unilaterally change this choice himself.

10. The Seller is obliged to settle the complaint and terminate the complaint procedure in one of the following ways: a) by handing over the repaired goods, b) by replacing the goods, c) by returning the purchase price of the goods, d) by paying a reasonable discount on the price of the goods, e) by a written invitation to take over the performance specified by the Seller, f) by justifying the rejection of the complaint of the goods.

Article XI – Dispute resolution of consumer disputes through the European ODR platform

In the event that the Customer is not satisfied with the manner in which the Seller handled their complaint or believes that the Seller has violated their rights, the Customer has the right to contact the Seller with a request for redress. If the Seller responds negatively to the Customer's request under the previous sentence or fails to respond to such a request within 30 days from the date of its dispatch by the Customer, the Customer has the right to file a motion to initiate an alternative dispute resolution pursuant to the provision of Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments to Certain Acts. Similarly, the Seller's claims against the Buyer may be asserted via the European platform. The competent entity for alternative dispute resolution of consumer disputes with the seller is the Slovak Trade Inspection or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the http://www.mhsr.sk/ website); the customer has the right to choose which of the above alternative dispute resolution entities to contact. The customer can use the online dispute resolution platform available on the http://ec.europa.eu/consumers/odr/ website to submit a proposal for alternative dispute resolution of their consumer dispute.

Article XII – Final provisions

1. The Seller reserves the right to change and supplement these Terms and Conditions and the Complaint Terms and Conditions without prior notice to the Buyer. In the event of a change in the Terms and Conditions or the Complaint Conditions, the entire purchase process is governed by those Terms and Conditions that were valid at the time of sending the order by the Buyer and these are available on the Seller's website.

2. An integral part of these Terms and Conditions is also the Complaints Procedure.

3. By submitting the order, the Buyer confirms that he has read the Terms and Conditions as well as the Complaint Terms and Conditions and understood their wording.

4. These Terms and Conditions, including their integral parts, enter into force and effect on 14.04.2020.

5. These Terms and Conditions and Complaint Terms enter into force against the Buyer upon the conclusion of the Purchase Agreement.

6. The purchase contract may be concluded in the Slovak language, or in other languages, if this is not a reason for the impossibility of concluding it.