General terms & conditions
1. Information about the operator of www.wear-games.com, hereinafter referred to as the "seller".
1.1 The seller is the company WearGames s.r.o., with registered office at Záhradná 5826/19, 902 01 Pezinok, which is registered in the Commercial Register of the District Court Bratislava I, section Sro, insert no. 159575/B, Company ID: 54454875 Tax ID: 2121691341, VAT NUMBER: SK2121691341, tel. +421 903 106 367, e-mail: info@wear-games.com (hereinafter referred to as the "seller").
1.2 The buyer is any natural or legal person who contacts the seller in any way with the intention of purchasing the goods offered by the seller.
1.3 By using the website of the seller's online store and confirming the order, the buyer agrees to these Terms & Conditions.
1.4 These Terms & Conditions remain valid until new Terms & Conditions are issued.
2. Product price
3.1 The seller is a VAT payer.
3.2 All prices for goods and services and all fees in the online store are listed inclusive of the applicable VAT rate (we are VAT payers).
3.3 The price for the delivery of goods is added to the basic price of the order, depending on which delivery method the buyer chooses. Packaging is included in the delivery price.
3. Product orders
3.1 The buyer can order products as follows through the shopping cart at www.wear-games.com
3.2 After sending the order, your order will be processed and a confirmation of order receipt will be e-mailed to you immediately. By sending the order to the seller, the buyer confirms that the seller has fulfilled its information obligations in a timely and proper manner pursuant to section 3 par. 1 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain acts (hereinafter referred to as the "Consumer Protection in the Sale of Goods Act"). If necessary, all additional information regarding your order will be sent to the e-mail address you provided.
3.3 By sending the order, the buyer undertakes to take over the ordered goods and pay the agreed price for the goods.
3.4 The seller undertakes to deliver the correct type and quantity of goods at the agreed price according to the order.
3.5 The buyer can cancel the order within 24 hours of ordering the goods without giving a reason. The buyer can cancel the order in the Customer section on the seller's website or by e-mail. After verifying that the order cancellation conditions have been met, the seller will confirm the cancellation of the order to the buyer by e-mail. In the event that the amount for the ordered goods has already been paid, the seller will return the money to the buyer's bank account or deliver it in another mutually agreed way.
3.6 The seller has the right to cancel the order if it is not possible to secure the ordered goods. In such a case, the buyer will immediately return the amount paid in full, or offer replacement goods or another solution, if the buyer agrees. The seller has the right to cancel the order also if it cannot contact the buyer (incorrect/missing contact information, unavailability, etc.).
3.7 By sending the order to the seller, the buyer confirms that the seller has fulfilled its information obligations in a timely and proper manner in accordance with § 3 paragraph 1 of the Consumer Protection Act for the sale of goods or the provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment and addition of certain acts.
4. Payment and delivery conditions
4.1 The buyer can pay for the goods using the TatraCard payment system with a credit or debit card.
4.2 Payment is possible in EUR.
4.3 We deliver the goods to EU countries by default.
4.4 The seller sends the tax document (invoice) to the buyer electronically by e-mail and together with the goods.
4.5 The delivery time for the goods offered by the seller is in most cases within 7 working days from the confirmation of the order, the maximum delivery time is 14 days or can be extended after agreement with the buyer. The seller will inform the buyer about the extended delivery time and delivery date when confirming the order by e-mail. If the buyer is not satisfied with the announced extended delivery period, he/she has the option to cancel the order in accordance with point 3.5 of these Terms and Conditions.
4.6 The seller will inform the buyer by e-mail about the dispatch of goods.
4.7 The seller ensures the transport of goods within the EU in a way that the buyer chooses from the options offered in the order:
- a) by courier service
4.8 The price for transporting goods to the specified location is listed in the transport price list HERE.
4.9 The place of collection is determined based on the buyer's order. The delivery of the goods to the specified place is considered to be the fulfillment of the delivery.
4.10 The goods are adequately packed and secured. The buyer is obliged to check the intactness of the shipment when taking over the goods, and in case of damage, not to accept the shipment from the delivery person. In this way, both the buyer and the seller avoid unnecessary costs for any product claims.
4.11 Together with the goods, the seller will deliver an invoice (tax document) to the buyer. The invoice also serves as a delivery note. The seller will also deliver an operating manual and a warranty card together with the goods if the nature of the goods requires it.
4.12 The seller is responsible for the goods until they are taken over by the buyer. The goods are considered to be taken over by the consumer at the moment when the consumer or a third party designated by him/her, with the exception of the carrier, takes over all parts of the ordered goods, or if:
- a) the goods ordered by the consumer in one order are delivered separately, at the moment of taking over the goods that were delivered last,
- b) delivers goods consisting of several parts or pieces, at the moment of taking over the last part or last piece,
- c) supplies the goods repeatedly during the defined period, at the moment of acceptance of the first delivered goods.
4.13 In the event of high interest, it may happen that the seller will have a shortage of goods in stock. In that case it may deliver the ordered goods to the buyer in several packages, with the buyer paying P&P as for one package.
5. Withdrawal from the contract. Return of goods
5.1 In accordance with Act 102/2014 § 7 par. 1, the buyer is entitled to withdraw from the completed order without giving a reason (pursuant to the law "from the purchase contract", if the buyer has already taken over the goods) within 14 days from the day of taking over the goods.
5.2 The buyer can exercise the right to withdraw from the contract in accordance with § 7 par. 1 with the seller in documentary form or in the form of an entry on another durable medium; if the contract was concluded orally, any clearly worded statement by the consumer expressing his/her will to withdraw from the contract (hereinafter referred to as "notice of withdrawal from the contract") is sufficient to exercise the consumer's right to withdraw from the contract. The buyer can use the Withdrawal from remote contract form.
5.3 The buyer is obliged to send the goods back to the seller or hand them over to the seller or a person authorized by the seller to take over the goods within 14 days from the date of withdrawal from the contract at the latest.
5.4 The seller shall, without undue delay, and no later than 14 days from the date of delivery of the notice of withdrawal from the contract, return to the buyer all payments received from it on the basis of the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees; this does not affect the provisions of § 8 par. 5. mentioned in paragraphs 5.5 and 5.6 and prices for the service, if the subject of the contract is the provision of the service and if the service has been fully provided.
5.5 The seller is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a different delivery method than the cheapest common delivery method offered by the seller. Additional costs mean the difference between the delivery costs chosen by the buyer and the costs of the cheapest common delivery method offered by the seller.
5.6 When withdrawing from the contract, the buyer bears only the costs of returning the goods to the seller or the person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear such costs itself, or if it has not fulfilled the obligation pursuant to § 3 par. 1 letter i).
5.5 The seller is not obliged to return the payments to the consumer pursuant to paragraph 5.4 before the goods are delivered to it, or until the buyer proves that the goods have been sent back to the seller.
5.6 When withdrawing from the contract, the buyer bears only the costs of returning the goods to the seller.
6. Complaints and warranty conditions
6.1 The processing of complaints is governed by the warranty conditions of specific goods, the Commercial Code and the relevant provisions of the Civil Code and special regulations.
6.2 The warranty period for all goods offered in the seller's online store is 24 months with exceptions provided by the law. Proof of purchase (attached invoice) is always sufficient to exercise rights from liability for errors (complaint). The presentation of proof of purchase for the purpose of a claim is sufficient even if the warranty certificate was issued, but lost by the consumer.
6.3 The warranty does not apply to normal wear and tear of the item (or its parts) caused by use, mechanical damage to the product caused by the buyer, improper handling of the product, in a way other than that specified in the instructions for use, neglect of care and maintenance of the product, damage to the product due to excessive loading, use goods in violation of the conditions stated in the documentation, general principles, technical standards or safety regulations or other violation of warranty conditions. Errors or damage to the product caused by a natural disaster are also excluded from liability.
6.4 The buyer has the right to complain about a product purchased on sale or at a reduced price, but the fault must not be related to the reason why the product was sold at a reduced price!
6.5 The buyer is obliged to deliver the claimed goods as clean, physically undamaged, and with a copy of the invoice or delivery/warranty note. The buyer is obliged to send a description of the defect together with the goods via the Complaints section (registered user) or via the Complaints Report form.
6.6 In the event of a complaint, the seller is not responsible for the loss of data, or for damage caused by the loss of data stored in the device. The buyer is obliged to back up the data him/herself before making a claim.
6.7 The seller processes the goods complaint without undue delay, but no later than 30 days from the date of receipt of the complaint by the buyer or transport company. After the expiration of this period, the consumer has the right to withdraw from the contract or exchange the product for a new product. By filing a valid complaint, the warranty period is extended by the duration of the complaint. If the claim was resolved within the statutory warranty period with the replacement of goods with new goods, then the warranty period will restart from the date the claim was resolved.
6.8 BUYER'S PROCEDURE FOR COMPLAINTS:
6.8.1 As soon as possible after uncovering a product defect, the buyer sends the product by registered mail to the seller's address as indicated in point 1 together with a copy of the proof of purchase and a complaint report with a description of the product defect.
6.8.2 If the goods need to be sent to the seller or service centre, the buyer acts in such a way that the goods are packed in a suitable package that will sufficiently protect the goods, meets the requirements for the transport of fragile goods, and designates the shipment with the appropriate symbols.
6.9 In the event that the claimed goods were sent by post or by a transport company, the transport costs associated with sending the claim to the seller's address are paid by the buyer. The return of the claimed goods is ensured by the seller by post at his own expense. Any other way of transporting the claimed goods back is paid by the buyer at the express request of the buyer.
6.10 Handling of the complaint is considered to be the delivery of the product to the buyer after repair, replacement or rejection of the complaint, or refund in case of withdrawal from the contract.
Alternative dispute resolution - ADR
6.11 If the buyer is dissatisfied with the way in which the seller handled his/her complaint, or if he/she believes that the seller has violated his/her rights, he/she can contact the seller with a request for correction. If the seller responds negatively to the request for correction or does not respond within 30 days from the date of sending, the buyer has the right to submit a proposal to start an alternative solution to his/her dispute pursuant to the provisions of § 12 of Act No. 391/2015 Coll. on the alternative resolution of consumer disputes and amendments to certain acts.
The competent entity for alternative resolution of consumer disputes with the seller is, for example, Slovak Trade Inspection, Prievozská 32, 827 99 Bratislava 27, https://www.soi.sk or another relevant authorized legal entity registered in the list of entities for alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list is available at https://www.mhsr.sk); the buyer has the right to choose which of the listed entities of alternative resolution of consumer disputes to use.
Buyers are entitled to use the online dispute resolution platform ("RSO") to resolve their disputes in the language of their choice. The buyer can use the RSO platform for an alternative resolution of his/her dispute, which is available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage . When submitting a submission in the RSO platform, the buyer fills out an electronic complaint form. The information it submits must be sufficient to determine the relevant online alternative dispute resolution entity. The buyer can attach documents to support his/her complaint.
7. Protection of personal data
In connection with the introduction of new legislation related to personal data protection - Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR") and implementing measures to ensure compliance of WearGames, s.r.o. with GDPR as well as with related relevant legal regulations governing the protection of personal data (e.g. Act No. 18/2018 Coll. on Personal Data Protection and Amendments to certain acts, decrees of the Office for Personal Data Protection of the Slovak Republic), consumers can find the general information obligation regarding the protection of personal data at LINK TO DOCUMENT THAT INFORMS ABOUT THE PROCESSING OF PERSONAL DATA
8. Final provisions
8.1 Supervision of the provision of services is carried out by the Slovak Trade Inspection, PO Box 29, Bajkalská 21/A, 827 99 Bratislava.
8.2 The relevant provisions of the Civil Code, Act no. 22/2004 Coll. on electronic commerce and on the amendment of Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on the amendment of certain acts as amended by Act no. 284/2002 Coll., as amended, and Act No. 102/2014 Coll. on consumer protection in distance selling.
8.3 By checking the box before sending the order, the buyer expresses that it has familiarized itself with these general terms and conditions, fully understood their content, and agrees with them.
8.4 These terms and conditions are valid from July 1, 2022.