Article I

General Provisions

1. These terms and conditions apply to purchase agreements concluded remotely via the website www.ecoprogress.eu (hereinafter also referred to as the "Online Store"), whereby by submitting an order, the Buyer declares that they have familiarized themselves with these terms and conditions and the complaint procedures and fully understand their content.

2. These terms and conditions and complaint procedures are an integral part of the purchase agreement and are binding for both contractual parties of the purchase agreement.

3. A purchase agreement concluded remotely is understood to be a contract concluded between the seller and the Buyer, who is a consumer, for the delivery sale of goods and services exclusively through means of communication, particularly the internet, telephone, and email (hereinafter referred to as the "Purchase Agreement").

4. The Purchase Agreement is governed primarily by the relevant provisions of Act No. 102/2014 Coll. on the Protection of Consumers when Selling Goods or Providing Services Based on a Contract Concluded Remotely or a Contract Concluded Off-Premises by the Seller and on Amendments and Supplements to Certain Laws (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 execution. If the Buyer purchases in connection with business activities (legal entity), the Purchase Agreement is 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, ID No.: 50 885 049, Tax ID No.: 2120550850, VAT ID No.: SK2120550850, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert No. 120115/B (hereinafter collectively 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 during working days between 09:00 and 18:00 hrs.

   b) Email: ecoprogress@ecoprogress.eu

   c) Bank connection:

   • Ecoprogress s.r.o.: IBAN: SK28 0900 0000 0051 3154 3745 (Slovenská sporiteľňa a.s.)

   When entering the account number and other details, please exercise caution, as incorrect information may prevent the delivery of your goods!

7. The Seller is authorized to sell services (which include communication with the Buyer, invoicing, service delivery, etc.) through (using) the Online Store.

8. The Buyer is understood to be a user of the Website, or any visitor of the Website who has submitted an order via electronic communication (hereinafter referred to as the "Buyer"). The Buyer acknowledges electronic communication with the Seller primarily through the Online Store, telephone, and email communication. If the Buyer purchases in connection with business activities (legal entity), they must also provide the trade name, place of business or registered office, ID No., Tax ID No. (VAT ID No.), 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.

Article II
Information about Goods and Price

1. The price of goods listed in the Online Store catalog is final, including VAT. The price does not include costs associated with the delivery and transportation of goods or other additional services, such as assembly services. Costs associated with the delivery of goods and costs for 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 while stocks last, unless otherwise specified for a particular product, or until the promotion period expires.

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 January 1, 2013. Data in the tax document (invoice) can only be changed if the customer has not yet received and paid for the goods.

Article III
Order of Goods

1. The Buyer confirms that by submitting the order, they accept the price of the goods, the terms and conditions, and the complaint procedures of the Online Store.

2. All information and documents regarding the order will be sent to the Buyer's email address, including: the Buyer’s billing details, the delivery address, specification of goods, quantity of ordered goods, and the final price of the goods.

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

4. Before the definitive submission of the order, the Seller recommends that the Buyer thoroughly review the entire order and carefully study these terms and conditions and complaint procedures.

Article IV
Method of Concluding the Purchase Agreement

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

   a) An email message sent by the Buyer to the Seller at info@ecoprogress.eu, or

   b) A telephone order.

2. Binding acceptance of the order is the email/telephone confirmation by the Seller to the Buyer of accepting the order after previously receiving the order and verifying the availability and delivery date of the goods requested by the Buyer.

3. Binding acceptance of the order includes details about the name and specification of the goods, the price of the goods and/or other additional services, the name and details of the Buyer, the address where the goods are to be delivered, the method of transportation to the agreed delivery location for the Buyer, details about the Seller, and possibly other information.

4. The Purchase Agreement can only be modified, canceled, or supplemented based on mutual agreement between the Buyer and the Seller, unless the law or another generally binding legal regulation provides otherwise.

5. All additional information regarding the order may be sent to the Buyer’s email address if necessary.

Article V
Obligations of the Contractual Parties

The Seller undertakes to deliver:

1. The type and quantity of goods at the purchase price and under the payment conditions valid on the day the order is sent, except for obvious errors, significant price changes, or unavailability of goods.

2. Goods that are properly packaged to prevent damage during transportation.

The Seller is not responsible for:

1. Delayed delivery of goods caused by an incorrectly provided recipient address.

2. Possible non-delivery of goods due to unforeseen obstacles.

The Buyer undertakes to:

1. Receive the ordered goods, check the integrity of the packaging, and promptly report any defects.

2. Pay the purchase price for the goods in the amount and manner of payment conditions valid on the day the order is sent.

3. Do not damage the Seller’s good business reputation.

Article VI
Withdrawal from the Purchase Agreement

1. A Buyer who is a consumer has the right to withdraw from the contract without giving any reason in accordance with Act No. 102/2014 Coll. within 14 days from the receipt of the goods. If goods in one order are delivered separately, the withdrawal period begins upon receipt of the last delivered goods.

2. In accordance with § 7 para. 6 of Act No. 102/2014 Coll., the Buyer cannot withdraw from a contract whose subject matter is, for example:

   a) The sale of goods sealed in protective packaging that is not suitable for return for health protection or hygienic reasons, and whose protective packaging was broken after delivery.

   b) The sale of goods made to the consumer’s special requirements, custom-made goods, or goods specifically intended for one consumer (made-to-order goods).

   c) The sale of goods subject to rapid deterioration or spoilage.

   d) Urgent repairs or maintenance explicitly requested by the consumer from the seller.

   e) The provision of electronic content other than on a tangible medium, if the provision has begun with the consumer’s explicit consent and the consumer has declared that they were properly informed that by expressing this consent, they lose the right to withdraw from the contract.

   f) The sale of periodical publications, except for sales based on a subscription agreement, and the sale of books not delivered in protective packaging.

   g) The sale of sound recordings, video recordings, audiovisual recordings, books, or computer software sold in protective packaging if the consumer has unsealed this packaging.

3. After receiving the goods within the withdrawal period, the Buyer has the right to unpack the goods to ascertain their characteristics and functionality but does not have the right to begin using the goods and return them after a few days. Used goods cannot be returned if the Seller decides otherwise in a specific case; in such cases, the Buyer is responsible for the reduction in the value of the goods resulting from handling the goods beyond what is necessary to ascertain their characteristics and functionality. In connection with the condition mentioned in the previous sentence, only goods that:

   a) Are in their original condition,

   b) Show no signs of use and wear beyond a minor extent,

   c) Are undamaged,

   d) Are complete (including accessories)

   can be returned.

4. The right to withdraw from the contract must be exercised by the Buyer in writing in paper form or electronically via email to the Seller’s email address, or by sending a completed form available on the Seller’s website. The withdrawal period is considered preserved if the withdrawal notice is 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 day of withdrawal from the contract. The Seller recommends that the Buyer make a copy of the tax document (invoice) for their own records and send the goods by registered and insured shipment. It is not advisable to send goods via cash on delivery, as such goods will not be accepted.

6. The Buyer is obliged to include the tax document (invoice) with the returned goods, along with complete accessories, documentation, packaging, etc., that were delivered to them. The withdrawal period is considered preserved if the goods are handed over for transport no later than the last day of the period.

7. The costs associated with returning the goods are borne by the Buyer. According to available information, the estimated cost of these expenses depends on the size, weight of the goods, the distance from where the return is made, and the prices at which the chosen carrier provides its services, approximately starting from €25.

8. The Seller undertakes to refund the purchase price no later than 14 days. The payment will be made in the same manner as the Buyer used for the payment unless another payment method has been agreed upon. Payment for the purchased goods will be made after the returned goods are delivered back to the Seller’s address or after submitting proof of sending the goods back, whichever comes first. In the case of unauthorized withdrawal from the contract, the goods will be returned at the Buyer’s expense.

9. If the Buyer does not fulfill any of their obligations according to these terms and conditions, the withdrawal from the contract is not valid and effective, and the Seller is not obliged to return any verifiable payments under these terms and conditions to the Buyer and is entitled to reimbursement of costs associated with returning the goods to the Buyer.

10. A Buyer who purchases within business activities may only withdraw from the Purchase Agreement in accordance with the provisions of Act No. 513/1991 Coll., the Commercial Code.

Article VII
Order Cancellation

1. The Buyer may cancel an order that has not yet been processed at the latest by paying the purchase price by sending a request to ecoprogress@ecoprogress.eu. The Seller does not charge any fees for order cancellations as per the previous sentence.

2. The Seller has the right to cancel an order due to the sale-out or unavailability of goods. The Seller will immediately inform the Buyer of the cancellation of the order by phone or email. If the Buyer has paid the purchase price or part of it, it will be refunded within 14 days by non-cash transfer to the account from which the purchase price was paid.

Article VIII
Payment Conditions

1. The website offers the following payment options:

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

   b. Bank transfer to the Seller’s bank account.

2. The delivery cost of the service ordered within one order is independent of the number of items ordered.

3. The tax document (invoice) is sent to the Buyer’s email address or will be delivered with the service. Sent electronic invoices are in PDF format, secured against content alteration, and comply with all the requirements of a tax document.

Article IX
Delivery Conditions

1. The delivery period begins on the day the payment is received in the Seller’s bank account.

2. The usual availability of goods may change, and the Seller does not guarantee the immediate availability of the offered goods.

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 order placement, unless a longer period is specified. If the goods are in stock, they are dispatched as soon as possible. Delivery of goods is carried out on working days from 08:00 to 18:00.

4. Delivery periods are extended in the case of unexpected circumstances beyond the Seller’s control, such as unforeseen force majeure events, strikes, and other obstacles that the Seller cannot influence.

5. If an order contains multiple goods and some of them are not in stock, the Seller will inform the Buyer with options for partial deliveries. This also applies if the order contains only one item.

6. The Buyer is obliged to immediately unpack the goods upon delivery and check for any mechanical damage. In the case of mechanical damage or incomplete delivery, the Buyer undertakes to promptly inform the Seller by email or phone and to draw up a damage report with the carrier.

7. The Buyer is obliged to cooperate to ensure the smooth receipt of the goods. If the Buyer fails to do so and the goods are returned at the Seller’s expense due to repeated unsuccessful delivery attempts, the Seller is entitled to compensation for the actual costs incurred for the unsuccessful delivery attempt.

8. The Buyer is obliged to receive the goods at the place and time designated by the Seller or their authorized representative to deliver the goods, as agreed in the Purchase Agreement or otherwise.

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

10. When delivering 3 or more shelters, an additional delivery fee is charged.

Article X
Complaint Procedure

1. The Buyer submits a complaint in writing by mail to the Seller’s address or electronically by email to ecoprogress@ecoprogress.eu within the legally prescribed warranty period, which is 48 months, unless otherwise agreed. The warranty period begins on the day the order is received.

2. When submitting a complaint, the Buyer must send the original tax document (invoice) along with the complained goods to the Seller. The Seller will not accept goods returned by the Buyer via cash on delivery. Goods must be properly packaged to prevent damage during transportation, and it is recommended to send the goods by registered and insured shipment.

3. When submitting a complaint, the Buyer is obliged to truthfully provide all required information, especially precisely identifying the type and extent of the defect in the goods. The Buyer is obliged to clearly photograph these defects and send them to the above-mentioned email address.

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

5. The Seller is not responsible for defects caused primarily by the following uses: mechanical damage, unavoidable events (natural disasters, incorrect handling), contrary to the usual method of use, in special cases as determined by the nature of the item, including intervention by unauthorized persons, including the user, or other unprofessional interventions, using the goods in conditions that do not correspond to their moisture, chemical, and mechanical impacts of the natural environment of the goods, neglecting care and maintenance of the goods, overloading the goods, using the goods contrary to general principles, technical standards, or safety regulations, or other violations of warranty conditions.

6. The Seller will determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the day the complaint is submitted, and in justified cases, especially if a complex technical assessment of the goods’ condition is required, no later than 30 days from the day the complaint is submitted, and subsequently handle the complaint within a period that must not exceed 30 days from the submission of the complaint. The handling of the complaint will be communicated to the Buyer by phone, in writing, or by email. Handling the complaint takes a maximum of 30 days from the day the complained goods are delivered to the Seller, unless otherwise agreed.

7. In the case of a complaint submitted within 12 months from the purchase of the product, the Seller may handle the complaint by refusal only based on expert assessment. If the Seller rejects a complaint submitted after 12 months from the purchase of the product, the Seller is obliged to inform the Buyer where the product can be sent for expert assessment. Expert assessment for handling complaints includes, inter alia, 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 the designated person, the costs of the expert assessment, as well as all other related necessary expenses, are borne by the Seller regardless of the result of the expert assessment.

8. If the defect can be remedied, the Buyer has the right to have it repaired free of charge, promptly, and properly. The Seller decides on the method of defect removal and is obliged to remove the defect without undue delay. If the defect cannot be remedied and prevents the item from being properly used as a defect-free item, the Buyer has the right to exchange the item or withdraw from the Purchase Agreement. The same rights apply to the Buyer if the defects are removable but the Buyer cannot properly use the item due to the defect reoccurring after repair or having multiple defects. Reoccurrence of a defect after repair is considered when the same defect, as was present during the warranty period, is removed at least twice. Multiple defects are considered when the goods have at least three removable defects simultaneously, each of which prevents proper use of the goods. The Buyer may request an exchange of the goods instead of defect removal or, if the defect concerns only a part of the goods, an exchange of that part, provided that this does not cause unreasonable costs to the Seller considering the price of the goods or the severity of the defect. If the defect is non-removable but does not prevent the proper use of the goods, the Buyer has the right 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 decide which of these rights to exercise. Once one of these rights is chosen, the Buyer cannot unilaterally change this choice.

10. The Seller is obliged to handle the complaint and conclude the complaint procedure in one of the following ways:

a) Delivering the repaired goods,

b) Exchanging the goods,

c) Refunding the purchase price of the goods,

d) Providing a reasonable discount on the price of the goods,

e) Issuing a written request for the Buyer to collect the performance designated by the Seller,

f) Providing a justified refusal of the complaint.

Article XI
Resolution of Consumer Disputes through the European RSO Platform

If 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 remedy. If the seller responds negatively to the customer’s request or does not respond to such a request within 30 days from the day it was sent by the customer, the customer has the right to submit a proposal to initiate an alternative dispute resolution in accordance with § 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments and Supplements to Certain Laws. Similarly, the Seller’s claims against the Buyer can be submitted through the European platform. The competent body for alternative dispute resolution with the seller is the Slovak Trade Inspection or another competent authorized legal entity listed in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the website http://www.mhsr.sk/); the customer has the right to choose which of these entities for alternative dispute resolution to contact. The customer can use the online dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/ to submit a proposal for the alternative resolution of their consumer dispute.

Article XII
Final Provisions

1. The Seller reserves the right to modify and supplement these terms and conditions and complaint procedures without prior notice to the Buyer. In the event of changes to the terms and conditions or complaint procedures, the entire purchasing process is governed by the terms and conditions that were valid at the time the Buyer submitted the order, and these are accessible on the Seller’s website.

2. An integral part of these terms and conditions is the complaint procedure.

3. By submitting the order, the Buyer has read the terms and conditions as well as the complaint procedures and understood their content.

4. These terms and conditions, including their integral parts, come into force and take effect on April 14, 2020.

5. These terms and conditions and complaint procedures become effective towards the Buyer upon conclusion of the Purchase Agreement.

6. The Purchase Agreement can be concluded in the Slovak language, or in other languages if it does not prevent the conclusion of the agreement.