1. INTRODUCTORY PROVISIONSThese General Terms and Conditions (hereinafter referred to as the “GTC” or the “Terms and Conditions”) govern the mutual rights and obligations between ŠKODA AUTO Slovensko s.r.o., with its registered office at Sabinovská 6, 821 02 Bratislava, Company ID No. 31347215, incorporated in the Companies Register of the Bratislava I District Court, Section Sro, File No. 4775/B (hereinafter referred to as “ŠKODA AUTO Slovensko” or the “Seller”) and the Customer, related to the use of the ŠKODA E-shop, available at http://eshop.skoda-auto.sk (hereinafter referred to as the “e-shop”), and especially to the sale of goods or offer of goods for sale via this e-shop.
The Customer is a visitor to the website eshop.skoda-auto.sk (hereinafter referred to as the “Customer”).
The Customer is a consumer or an entrepreneur.
A consumer means a natural person who, when entering into and performing a consumer contract, does not act within their scope of business, employment or occupation (as defined by Act No. 250/2007 Coll., Section 2, letter a)
An entrepreneur means a person who pursues an independent activity on their own behalf and responsibility for the purpose of earning a profit, or for achieving a measurable positive social impact in the case of an economic activity of a registered social enterprise under a special regulation. If the Customer states their business identification number (BIN) in the order, he/she acknowledges that he/she is subject to the GTC for entrepreneurs.
The Seller is the contractual partner ŠKODA AUTO Slovensko (hereinafter referred to as the “ŠKODA E-shop Partner”).
These Terms and Conditions are available at eshop.skoda-auto.sk, which allows them to be archived and reproduced by the Customer.
The rights and obligations between ŠKODA AUTO Slovensko and the Customer are governed by Slovak laws, except for the conflict of law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
A purchase contract through the e-shop may be concluded in Slovak and English.
An offer in the E-shop is valid while stocks last.
2.1 Order, its confirmation and conclusion of a purchase contract
2. PURCHASE CONTRACT
The placement of the offered goods by the Seller on the e-shop shall be considered a proposal to conclude a purchase contract. An order is created by the Customer through the e-shop. Before placing an order, the Customer is allowed to check and change the input data entered in the order. An order is electronically submitted by the Customer to the Seller directly via the e-shop. The order so submitted shall be deemed a valid and binding proposal of the purchase contract, provided it contains all the particulars required by the order form.
By submitting an order, the Customer also confirms that he/she has read and agrees to these Terms and Conditions.
The Seller shall confirm receipt of the Customer’s order by sending an e-mail to the Customer’s e-mail address.
The Seller is entitled to refuse the order especially in the following instances:
(a) the Customer has previously failed to accept or duly pay for the ordered goods;
(b) the goods can no longer be delivered or replaced by other goods, or if their price has changed significantly and the Customer does not accept this before the actual purchase contract is established. The Seller shall inform the Customer accordingly;
(c) the order contains more than 4 pieces with at least one discounted item and at the same time the Customer applies a discount code.
(d) the Customer applies more than one discount code in the order, or the order contains products with a unit price lower than EUR 0.10;
(e) the goods are placed on the e-shop website with a wrong price.
A contractual relationship between the Customer and the Seller shall be deemed established upon an order confirmation being electronically sent by the Seller to the Customer’s e-mail address. Once concluded, a purchase contract is not archived by the Seller and cannot be accessed. The concluded contract may only be amended or cancelled by the mutual consent of the parties or on legal grounds.
Any errors made when entering data before placing an order shall be rectified by the Customer calling the infoline number 0800 124 125 or sending an e-mail to email@example.com
2.2 Rights and obligations under the purchase contract
Under the purchase contract, the Customer is particularly obliged to accept the ordered goods and pay the purchase price, including the shipping fee if charged, and to fulfil the other obligations set forth below. Under the purchase contract, the Seller is obliged in particular to deliver the ordered goods and fulfil the other obligations set forth below.
(a) Purchase price
The purchase price means the price listed for the ordered goods in the e-shop catalogue at the moment of the order being submitted by the Customer. All prices in the e-shop catalogue are listed in euros (€), always including VAT.
Unless otherwise stated, the listed prices apply to the selected items of goods as described.
Goods requiring professional assembly can be installed for the Customer by an authorised ŠKODA service partner. Assembly is not included in the price for the goods and the assembly price will be charged to the Customer directly by such authorised service partner according to its price list.
(b) Delivery terms
The Seller undertakes to deliver the goods in flawless condition and in accordance with the specifications or properties customary for the particular kind of goods, complying with the standards, regulations and decrees applicable in the Slovak Republic, and at the same time duly accompanied by operating instructions, warranty certificates and a list of warranty and post-warranty service centres if it is customary for the particular kind of goods and in accordance with the Slovak legislation. The Seller is obliged to fulfil its obligations in a due and timely manner and with due diligence and shall also use its best endeavours to protect the rights and legitimate interests of the Customer in an appropriate manner.
The Seller shall normally deliver the goods to the Customer within 5 working days after the conclusion of the purchase contract.
The place of delivery of the goods is the delivery address stated by the Customer in the order form or the address of the ŠKODA E-shop Partner, which is also stated in the order form.
The Seller does not reserve goods. The goods are shipped only after the purchase price for the goods, including the shipping and packaging fee, has been credited to the Seller’s bank account.
(c) The Seller delivers the goods, at the option of the Customer (unless otherwise stated for the product):
(i) via the shipping services of DPD CZ (before Geis Parcel CZ) s.r.o., Company ID No. 63077051, incorporated in the Companies Register of the Plzeň Regional Court, Section C, File No. 9503,
(ii) in the case of oversized consignments by means of mail-order service Geis CZ s.r.o., ID No. 44567359, entered in the Commercial Register maintained by the Regional Court in Pilsen, Section C, Insert 14475,
(iii) by delivering them to the selected ŠKODA E-shop Partner, chosen by the Customer from the Partners List when placing an order.
(d) Payment terms
For payment you can use the following method:
(i) on-line payment by credit card (MasterCard or Visa)
(ii) payment by bank transfer, in case on-line payment by card fails and Customer is subsequently informed by E-shop about this alternative payment option
(e) Discount voucher
The value voucher for a discount in €, issued by the Seller, can be used to purchase goods on the ŠKODA E-shop website, in the step of paying for the created order. The value of the voucher is stated on each voucher with VAT and is applied as a discount from the total amount of ordered goods with VAT. It is not possible to divide its application into several parts. The value of the order must be higher than the value of the voucher. Arrears for the ordered goods, exceeding the value of the discount voucher, must be paid by payment with a payment card. The value voucher cannot be exchanged for cash. In case that the Customer is entitled to withdraw from the purchase contract for an order paid for by a value voucher in €, the Customer is entitled to a refund of the purchase price in the form of a new discount voucher of the same value.
Discount voucher with a stated discount, issued by the Seller, can be used to purchase goods on your ŠKODA E-shop in the step of paying for the created order. The discount in % is deducted from the total amount of ordered goods with VAT. The discount voucher can be used only once and only during its validity. The discount voucher can also be used for promotional products, unless otherwise stated for the given product. In the case that the Customer becomes entitled to withdraw from the purchase contract when ordering using a discount voucher in %, the Customer is not entitled to a new discount voucher.
(f) Acceptance of goods
The Customer is obliged to duly accept the goods from the carrier/the ŠKODA E-shop Partner, check the packaging integrity, the number of parcels and, in case of any defects, forthwith notify the carrier/the ŠKODA E-shop Partner accordingly. If any breach or damage is detected, the Customer is advised to reject the shipment in their own interest. By signing the delivery note/the invoice, the Customer confirms without reservation that the shipment meets all the conditions and requirements mentioned above and any later complaint of a breach of the shipment packaging integrity shall be disregarded.
Title to the goods shall pass to the Customer only after full payment of the purchase price and acceptance of the goods.
(g) Withdrawal from the contract by the Seller
The Seller may withdraw from the contract if:
(i) from the moment that the goods purchase contract is concluded until the purchase price for the goods, including the shipping and packaging fee, is credited to the Seller’s bank account, the goods are sold out or unavailable;
(ii) the manufacturer or supplier of the goods agreed in the purchase contract has discontinued production or made substantial changes and subsequently, made it impossible to fulfill the Seller's obligations under the purchase contract or for reasons of force majeure; or if, even with all reasonable efforts, he cannot deliver the goods to the Customer within the period specified in these terms and conditions; or in the price specified in the online store, especially in case of obvious error in the price of the goods (price obviously different or significantly lower than the usual price for this type and type of goods, eg 50% lower price, erroneous indication of two digits instead of three and the like, other obvious typing errors, obvious errors in the description of the goods, picture, etc.) The Seller is obliged to inform the Customer immediately and return the amount already paid for the goods agreed in the purchase contract, within 14 days from the notification of withdraw from the contract, by the bank transfer to the account from which the Customer made the payment
(iii) The Customer does not fulfill his obligation to pay the purchase price, including the shipping fee
(iv) The Customer otherwise commits a material breach of their obligations under or in connection with the purchase contract.
(v) The Customer did not accept the goods within 14 days despite repeated request.
(h) Withdrawal from the contract by the Customer who is a consumer, without stating the reason
The Customer - consumer may withdraw from the contract without stating the reason within 14 days of acceptance of the goods at the latest. In order to comply with the withdrawal period, it is sufficient for the Customer - consumer to send a notice of withdrawal before the expiry of the relevant period.
The Customer - consumer is obliged to deliver the notice of withdrawal to the Seller by e-mail to firstname.lastname@example.org
The withdrawal form is available for download HERE.
In the event of withdrawal from the contract, the Customer - consumer is obliged to hand over the goods in person to the selected ŠKODA E-shop Partner at the address specified in the list of ŠKODA E-Shop Partners without undue delay, but no later than 14 days from the date of withdrawal.
The Customer - consumer is obliged to return the goods to the Seller undamaged without signs of use or wear, preferably in the original packaging, through the selected ŠKODA E-shop Partner or send the goods by post to the following address: DANUBIASERVICE a.s., ŠKODA E-SHOP, Rožňavská 30, 821 04 Bratislava
The Seller shall refund the payment only after receiving the returned goods. All payments received by the Seller from the Customer - consumer, including delivery costs (except for additional costs incurred, depending on the delivery method chosen by the Customer - consumer that is other than the cheapest standard delivery method offered by the Seller), will be refunded. The Seller is entitled to deduct from the refunded amount a proportionate part of the purchase price corresponding to the impairment of the goods.
The cost of returning the goods shall be borne by the Customer.
The same means of payment as used by the Customer - consumer in the original transaction shall be used for any refund, unless both parties agree otherwise. This arrangement is communicated via the Infoline 0800 124 125.
The ŠKODA E-shop Partner mediates the return of goods and performs a basic check of the quantity and quality of the goods. ŠKODA AUTO Slovensko as the Seller shall have the right to make a final decision on the recognition/non-recognition of withdrawal from the contract.
The Customer - consumer is not entitled to withdraw from the contract for goods that require professional assembly, namely in the case that the goods have already been assembled for the Customer - consumer at their request, as well as in other cases set forth in the Civil Code; in particular, he/she may not withdraw from the contract for the delivery of goods that have been modified for or at the option of the Customer - consumer.
(i) Rights arising from defective performance
If the Seller renders defective performance which entails a non-material breach of the purchase contract, the Customer has the right to demand delivery of the missing goods and removal of other defects in the goods or a reasonable reduction in the purchase price; if it is not possible to remove the defects in the goods without undue delay, the Customer may require the delivery of new goods free of any defects, unless this is disproportionate with respect to the nature of the defect (in the case of a part of the goods, only this part);
If the Seller fails to remove the defect in time or refuses to remove the defect, the Customer may withdraw from the contract. The option chosen may not be changed by the Customer without the Seller's consent.
If the Seller is in material breach of the purchase contract, the Customer has the right to:
- removal of the defect by delivering new or missing goods;
- have the goods repaired;
- a reasonable purchase price reduction;
- withdraw from the purchase contract;
provided that, together with the notification of the defect or without undue delay, the Customer shall notify which option he/she has chosen, such option not being changed without the Seller's consent.
(j) Complaint handling
Immediately upon receipt of the goods, the Customer is obliged to inspect the goods and inform the Seller without undue delay of any defects found.
If the Customer finds any apparent difference or discrepancy between the purchase contract, the information on the delivery note and the goods actually delivered (for example in the type or quantity) or if the delivery is not accompanied by a correctly completed invoice, he/she is obliged to inform the Seller accordingly immediately after receiving the goods.
The goods in respect of which the Customer claims other defects shall be delivered by the Customer to the chosen ŠKODA E-shop Partner, or the goods complained of shall be sent by post to the following address: DANUBIASERVICE a.s., ŠKODA E-SHOP, Rožňavská 30, 821 04 Bratislava
In such a case, the Customer shall describe the defects and their manifestations as accurately as possible.
When lodging a complaint, the Customer is obliged to proceed as follows:
(i) Where a complaint is lodged in respect of the goods delivered (e.g. quantity differences between the ordered and actually delivered goods), such goods complaint shall be lodged by the Customer personally with the ŠKODA E-shop Partner, or on the 24/7 infoline number 0800 124 125, or by e-mail to: email@example.com
Complaint sheet download HERE
(ii) Where a complaint is lodged in respect of a functional defect in the goods, such goods complaint shall be lodged by the Customer personally with the ŠKODA E-shop Partner he/she has chosen to handle this complaint, or the goods complained of shall be sent by post to the following address: DANUBIASERVICE a.s., ŠKODA E-SHOP, Rožňavská 30, 821 04 Bratislava
(iii) The Customer shall bring the shipment together with the delivery note and the invoice.
The ŠKODA E-shop Partner mediates the lodgement of a complaint in respect of the goods and performs a basic check of the quantity and quality of the goods. ŠKODA AUTO Slovensko shall have the right to make a final decision on the recognition/non-recognition of a goods complaint.
The complaint shall be handled as promptly as possible. In the case of the Customer - consumer, the complaint shall be handled not later than 30 days after the lodgement of the complaint. In the case of the Customer - entrepreneur, the complaint shall be handled without undue delay.
The entity responsible for out-of-court dispute resolution (ADR) between the Customer as a consumer and the Seller is the Slovak Trade Inspection. An application to initiate an ADR procedure can be submitted through a web form at:
3.DUTY TO INFORM ON ALTERNATIVE RESOLUTION OF CONSUMER DISPUTES
An application to initiate an ADR procedure can be submitted electronically, by post, or filed in person at the ADR contact point:
Slovak Trade Inspection (SOI)
International Relations and ADR Department
Bajkalská 21/A, p. p. 29
827 99 Bratislava 27,
To submit an application for out-of-court dispute resolution and to obtain information on out-of-court resolution of consumer disputes (including cross-border disputes), the consumer can also use the following website:
4.PERSONAL DATA PROTECTIONThe Customer's personal data contained in orders or reservations shall be considered confidential and protected against misuse. Personal data will be processed by the Seller or the ŠKODA E-shop Partner from which the Customer takes over the goods, both being personal data controllers or entities contractually authorised by the controller to process personal data for the purpose of performing the contract with the Customer and offering ŠKODA products and services, ascertaining customer satisfaction, as well as for the purpose of disseminating commercial notifications pursuant to Act No. 480/2004 351/2011 Coll., on Electronic Communications, until their disagreement with such processing is notified in writing. The Customer has also other rights specified in more detail in the European Data Protection Regulation 2016/679. You can find them HERE. The Customer provides his/her personal data on a voluntary basis. If the Customer does not wish to receive information about possible offers of trade and services, he/she shall notify the Seller accordingly by e-mail to: firstname.lastname@example.org
5.EFFECTIVENESS OF THE GENERAL TERMS AND CONDITIONSThe relationship between the Seller and the Customer shall be governed by the wording of the ŠKODA E-shop General Terms and Conditions effective as of the date of the respective order being submitted by the Customer.
These General Terms and Conditions shall come into effect as of 18 February 2020.