Terms and Conditions

General Provisions

These business conditions regulate the rights and obligations of the contracting parties arising from the purchase contract concluded between:

– the seller, which is the company FITRON s.r.o., ID: 48 035 076, VAT: 2120044938, VAT ID SK2120044938, with its registered office at Drevarska 2, 052 01 Spisska Nova Ves, Slovak Republic
(hereinafter referred to as the “Seller”)

– and the buyer, the subject of which is the purchase and sale of goods on the website of the electronic shop of the seller located on the domain www.fitron.eu (hereinafter referred to as the “E-shop”).

The supervisory authority is the Slovak Trade Inspection, SOI Inspectorate for the Košice Region, with its registered office at Vrátna No. 3, 043 79 Košice 1, tel. no. 055/6220 781

Order (Conclusion of the Contract)

The goods can be selected by browsing the catalog on the E-shop page. The user is any individual or legal entity who uses the E-shop. After placing the goods in the virtual basket, the E-shop user gets an overview of individual items and the total quantity of goods.

After proceeding to checkout (virtual cash register), the seller offers users the option of concluding a Purchase Agreement. The offer for concluding the Purchase Agreement is the display of the order summary and the button marked “Place order” on “Checkout” page of the E-shop.

The unconditional acceptance of the Seller’s offer to conclude the Purchase Agreement by the user is considered to be a click on the button marked “Place order”. A binding order requires payment for the goods.

The purchase contract is concluded by delivery of an e-mail message on the completion of the order (order confirmation), to the e-mail address entered by the user in the appropriate field in the user interface of the E-shop.

The user undertakes to fill in the true and complete data in the relevant text fields in the user environment of the E-shop, in particular to fill in his email address, identification data and delivery address truthfully. The User acknowledges that the Seller will reasonably consider the data entered by him to be correct and complete and is not obliged or entitled to check the entered data.

Prices

Prices listed on the E-shop are listed including VAT (unless stated otherwise). These prices do not include the cost of delivery of goods. The buyer (customer) is informed about delivery costs when summarizing the order in the virtual cart. The buyer can also check the total price of the order (including delivery costs and any other costs) in the order summary on the checkout page.

The buyer can check the total price of the order (including the cost of delivery of the goods and any other costs) in the summary of the order before placing the order.

Payment Methods

The seller currently accepts the following payment methods:

  • Cash on Delivery – in cash or by credit card
  • Credit Card Online
  • Bank Transfer – by wire transfer based on the order or proforma invoice
  • In cash upon personal pickup at the collection point in Spišská Nová Ves (credit card payment is not available at the collection point in Spišská Nová Ves).

The Seller will issue a tax document – an invoice – to the buyer. The tax document is included with the delivered goods.

Delivery Times

The Seller is obliged to fulfill the order and deliver the goods to the buyer within a period of no later than 30 days.

The estimated availability of the goods is usually indicated in the product description on the E-shop. Products listed as “in stock” are usually dispatched within 2 business days from the receipt of the order confirmation.

If production complications arise and the ordered goods cannot be dispatched within the promised period, the Seller is obliged to promptly inform the buyer of the situation and offer an alternative delivery date or propose substitute goods.

If the ordered goods cannot be dispatched even within the additional (alternative) period, the buyer has the right to cancel the order. If payment has already been made for the goods, the purchase price (or a part of it) will be refunded to the bank account specified by the buyer no later than within 14 days.

Delivery of Goods

Currently, the E-shop offers the following delivery options for orders:

  • By courier to the specified address
    • The delivery cost is calculated based on the specific items in the cart.
  • Personal pickup at the collection point in Spišská Nová Ves:
    • Price: €0 – FREE

Typically on business days from 7:00 to 15:00. With this option, it is necessary to arrange the pickup date and time in advance.

Contract Cancellation

The buyer has the right to cancel the order without providing a reason at any time before the goods are dispatched, either via email or by phone.

The buyer is entitled to withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods. During this period, the buyer has the right to unpack and test the goods. The buyer can exercise the right to withdraw from the contract by emailing the Seller at info@fitron.sk or by sending a written notice of withdrawal to: FITRON s.r.o., Drevárska 2, 052 01 Spišská Nová Ves. The Seller will promptly confirm receipt of the withdrawal from the purchase agreement to the buyer.

In case of written withdrawal from the contract, the buyer is obliged to personally deliver such notice no later than the last day of the specified period to the contact address of the seller, or to dispatch this withdrawal by postal service no later than the last day of the period to the address provided in the contacts. The buyer is required, after notifying about the withdrawal from the contract, to send or deliver personally the subject matter of the contract from which they are withdrawing, along with all documentation – for example the invoice, manual, and any other documentation related to the goods that were delivered to them, but no later than 14 days from the date of withdrawal.

For withdrawing from the purchase agreement, the buyer may use the following standard withdrawal form:

“Subject: Withdrawal from the purchase agreement.”

“Hello, I am hereby exercising my right to withdraw from the purchase agreement within 14 days from the receipt of the goods.”

Meno a priezvisko: (Please fill in)

Order number: (Please fill in)

Bank account number for financial settlement: (Please fill in)

Address for returning the goods: FITRON s.r.o., Drevárska 2, 052 01 Spišská Nová Ves

After validly withdrawing from the contract, the seller will refund the buyer all payments that the buyer has demonstrably made in connection with the conclusion of the purchase contract, especially the purchase price including the costs of delivering the goods. However, the seller is not obliged to reimburse the buyer for additional costs if the buyer has chosen a different method of delivery than the least expensive standard delivery method offered by the seller. Additional costs refer to the difference between the delivery costs chosen by the buyer and the costs of the least expensive standard delivery method offered by the seller.

The payments will be refunded to the buyer within 14 calendar days from the day the seller receives the notice from the buyer regarding the withdrawal from the purchase contract. The refund will be processed using the same method of payment that the buyer used for the initial transaction. This does not affect the buyer’s right to agree with the seller on a different method of payment, provided that no additional fees are charged to the buyer in connection with this. Upon withdrawal from the contract, the seller is not obligated to refund payments to the consumer under this paragraph until the goods are delivered to the seller or until the buyer demonstrates the return shipment of the goods to the seller.

Regarding goods that were made according to specific requirements (custom-made), the buyer does not have the right to withdraw from the purchase contract.

If the buyer is not a consumer (an individual who is not acting for purposes that are outside their trade, business, or profession), they do not have the right to return goods without stating a reason and withdraw from the contract.

Complaints Procedure

The seller assures the buyer that the goods are free from defects upon receipt. This does not apply if the subject of the order is goods with defects that the seller knew about or should have known about, considering all circumstances, and the seller failed to notify the buyer.

If the goods contain defects, the buyer has the right to request delivery of new goods free from defects, unless such replacement is disproportionate given the nature of the defect. However, if the subject of the order (purchase contract) was goods with defects that the seller knew about or should have known about, considering all circumstances, and the seller failed to notify the buyer, the buyer has the right to other remedies as specified by consumer protection laws or the terms of the contract. If the defect concerns only a part of the goods, the buyer may request the replacement of that part. If replacement is not possible, the buyer has the right to withdraw from the purchase contract.

The buyer has the right to demand delivery of new goods or replacement of a part of the goods even in the case of a removable defect, if the buyer cannot use the item properly due to repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the purchase contract. If the buyer does not withdraw from the purchase contract or does not exercise the right to receive new defect-free goods, replacement of its parts, or repair of the goods, they may demand a reasonable price reduction. The buyer is entitled to a reasonable price reduction in case the seller is unable to deliver new defect-free goods, replace its parts, or make repairs within a reasonable timeframe.

The buyer is not entitled to rights regarding defective performance if the buyer was aware of the defects before accepting the goods or if the buyer caused the defect themselves.

The seller’s liability for defects in the goods does not apply to normal wear and tear resulting from their usual use, for goods sold at a lower purchase price due to a defect agreed upon, for used goods reflecting the extent of use or wear they had at the time of delivery to the seller, or if it arises from the nature of the goods.

In case of a complaint, the buyer has several options to contact the seller, but the most ideal way is to send an email to the seller with a description and photographs of the defect in the purchased product. The seller undertakes to respond to the buyer’s complaint within 5 business days.

Warranty Period and Warranty Certificate:

The warranty period begins from the day the buyer takes over (receives) the goods. The warranty period is 24 months. In the case where the subject of the order is used goods, the warranty period may be shortened by agreement with the buyer, but not to a period shorter than 12 months.

The invoice (tax document) issued at the time of purchase serves as the warranty certificate.

Complaints can be submitted to the following address:
FITRON s.r.o., Drevárska 2, 052 01 Spišská Nová Ves

The complaint regarding the goods, including the removal of defects, must be processed without undue delay, no later than 30 days from the date the complaint is lodged, unless the seller and the buyer agree on a longer period. After this period expires, the buyer has the right to withdraw from the purchase agreement or exchange the item for a new one.

The deadline for processing the complaint does not run if the seller has not received all necessary documentation from the buyer for processing the complaint until the moment when such documentation is provided.

Processing the complaint is considered to be the dispatch of repaired or new goods to the buyer, or the delivery of information that the goods are ready for collection. Another way to handle the complaint is to send financial compensation equivalent to a discount on the price of the goods, or to refund the entire purchase price of the goods.

FITRON s.r.o., located at Drevárska 2, 052 01 Spišská Nová Ves, performs warranty repairs.

Alternative dispute resolution

The buyer has the right to contact the seller with a request for remedy via email at info@fitron.sk if they are not satisfied with the way the seller handled their complaint or if they believe the seller has violated their rights. If the seller responds to this request in a negative manner or fails to respond within 30 days from its submission, the consumer has the right to submit a proposal to initiate an alternative dispute resolution process to an alternative dispute resolution entity (hereinafter referred to as the ADR entity) pursuant to Act No. 391/2015 Coll. ARS subjects are authorities and authorized legal entities according to § 3 of Act no. 391/2015 Coll. The Consumer may submit the proposal in the manner specified pursuant to § 12 of Act no. 391/2015 Coll.

The consumer has the right to choose between ARS entities. The list of ARS entities can be found on the website of the Ministry of Economy: list of entities.

In the case of the sale of goods on the basis of a contract concluded at a distance or. of a contract concluded outside the seller’s premises, the buyer residing in an EU Member State has the opportunity to file an ADR application for a dispute with the seller operating in an EU Member State by delivering the application to the ADR entity in the seller’s country of operation. It can use the form available on the European Commission’s website online at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

Alternative dispute resolution can only be used by a consumer – a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to a dispute between a consumer and a seller arising from or related to a consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ARS entity may demand payment of a fee for starting an alternative dispute resolution from the consumer, up to a maximum of EUR 5 including VAT.

The proposal can be submitted by the consumer in the manner determined according to §12 of Act no. 391/2015 Coll. of the ARS subject in paper form, electronic form or orally in the minutes. The address for submitting applications in electronic form to the Slovak Trade Inspection is: ars@soi.sk. To submit a proposal, the Buyer can use the form, the sample of which is available on the website of the Slovak Trade Inspection: https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov/formular-pre-podanie-navrhu-na-zacatie -ars.soi and each ARS entity. The Buyer shall attach to the proposal documents related to the subject of the dispute, which prove the facts stated in the proposal.

During alternative dispute resolution, the Buyer cooperates with the entity of alternative dispute resolution in order to quickly resolve the dispute. This dispute resolution is provided by the European Commission and the Slovak contact point for online dispute resolution. In the same way, the Seller’s claims against the Buyer can be asserted through the European platform. The use of alternative dispute resolution saves money and time, as the complaint will be settled within 90 days and without high financial expenses.

Privacy

When processing personal data, the Seller proceeds in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (“GDPR”). “) and Act No. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws.

Detailed information on how we collect, process and protect the personal data of our customers when using our services is regulated in the document: Personal data protection policy.

Decisive right

All relations between the seller and the buyer are governed by the legal order of the Slovak Republic. If the relationship established by the sales contract contains an international element, then the parties agree that their relationship is governed by the law of the Slovak Republic. This does not affect the consumer’s rights resulting from generally binding legal regulations.

Final provisions

The business conditions are part of the concluded sales contract between the seller on the one hand and the buyer on the other. In the event that the contracting party is a consumer, relations not regulated by these terms and conditions are governed by:

  • – Act no. 40/1964 Coll. Civil Code as amended;
  • Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended;
  • 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 an off-premises contract as amended;
  • Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on state control of the domestic market in the matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll.,

all as amended.

The seller reserves the right to change these terms and conditions. The obligation to notify the change of terms and conditions in writing is fulfilled by placing a new version of the business conditions on the website www.fitron.eu. Orders are subject to the wording of the Terms and conditions valid at the time of ordering.

These terms and conditions are effective as of February 5, 2023.