General terms and conditions

I. Introductory provisions

1.1. These General Terms and Conditions govern the legal relations between the company MrCode, sro, IČO: 44176601, IČ DPH: SK2022635824, Mostná 2, 949 01, Nitra., (Hereinafter referred to as the “Seller”) and any person, who is the Buyer of goods offered by the Seller on the Seller's website www.turtle3d.com according to the General Terms and Conditions (hereinafter referred to as the "Buyer"), which arise when purchasing the goods as follows:

a) on the territory of the Slovak Republic, as well as

b) abroad.

1.2. Legal relations between the Seller and the Buyer are governed by the General Terms and Conditions, the Complaints Procedure for the Internet Shop www.turtle3d.com (hereinafter referred to as the “Complaints Procedure”) and the provisions of relevant legislation, in particular the Civil Code, the Commercial Code, 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 premises of the seller and Act no. 22/2004 Coll. on electronic commerce.

1.3. Purchase contract means a contract between the Seller and the Buyer, the subject of which is the purchase of goods offered by the Seller on the Seller's website www.turtle3d.com (hereinafter referred to as "goods") concluded in accordance with Article II. General Terms and Conditions.

1.4. The provisions of Art. VI. shall not apply to the Buyer, who is a person purchasing goods for the purpose of business and not for the purpose of personal consumption of natural persons. VI. "Warranty and service" and Art. VII. “Return of goods - withdrawal from the contract” of the General Terms and Conditions and the provisions of the Complaints Procedure. Liability for defects in the goods in this case is governed by the provisions of § 422 et seq. Commercial Code.

 

II. The method of ordering goods and concluding a purchase contract

2.1. The Buyer orders the goods via the completed electronic order form listed on the Seller's website (hereinafter referred to as "order") in the manner specified in the following provisions of this article of the General Terms and Conditions.

2.2. The buyer fills in all required data specified in the order. Before the final sending of the order, the Buyer has the opportunity to check the order and the entered data. The buyer confirms the order with the "Send order" button. The order is considered sent if it is delivered to the Seller and contains all the required data, i. delivery and invoicing address with all, in the order form, required data, e-mail and telephone contact to the customer, the name of the ordered goods, quantity and also the method of delivery. The sent order is a proposal for the conclusion of a purchase contract by the Buyer.

2.3. The Buyer is bound by the sent order and can revoke it only if this revocation occurs to the Seller before the Seller sends an e-mail accepting the order to the Buyer.

2.4. The Seller shall send to the Buyer's e-mail address specified in the order an e-mail accepting the Buyer's order (hereinafter referred to as "acceptance").

2.5. The purchase contract is concluded by delivery of the Seller's acceptance to the Buyer.

2.6. The Seller is entitled, depending on character of the Buyer's order - quantity of goods, purchase price, shipping costs, distance, etc., to ask the Buyer to authorize (further confirm) the order in a suitable manner, such as in writing or by telephone. In case that the Buyer does not perform this authorization (further confirmation) in the required manner within the period specified by the Seller, the purchase contract is canceled in vain upon expiry of this period and the Buyer is deemed to have revoked the draft purchase contract. The Seller informs the Buyer about this fact by e-mail to the e-mail address entered when ordering or when filling out the electronic order form. The contracting parties are obliged to issue everything they have fulfilled until the moment of termination of the contract.

2.7. The Seller reserves the right not to send the acceptance to the Buyer in case of an obvious typographical error concerning the price, description or image of the goods in the product catalog listed on the Seller's website. The seller also reserves the right to cancel the order in case of an obvious typographical error regarding the price or product description in the product catalog listed on the Seller's website. The Buyer will be informed about the cancellation of the order due to an obvious typographical error by telephone or e-mail, which the Buyer stated when filling in the electronic order form.

 

III. Price and payment terms

3.1. The Buyer is obliged to pay for the goods, whose were order and accepted by the Seller, price in accordance with point 3.2 of General Terms and Conditions valid at the time of sending the order to the Seller.

3.2. The purchase price for the goods is the price stated on the Seller's website www.turtle3d.com at the time of sending the Buyer's order. The purchase price includes VAT.

3.3. Purchase price including transport and packaging castle Buyer according to the chosen method of payment specified in the order.

a)The costs of postage and packaging are borne by the buyer according to the method he has chosen when ordering the goods. These costs are governed by the prices listed on www.turtle3d.com

b) If the seller is obliged according to the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to prevent the goods upon delivery. When taking over the goods from the transport, the buyer is obliged to control the integrity of the packaging goods and in case that this equipment is missing, the buyer must inform carrier about this. In case of a breach of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.

c) In case that due to a reason on the part of the buyer it is necessary to deliver the goods repeatedly or in another way as specified in the order, the buyer is obliged to pay the costs associated with re-delivery of goods or costs associated with other methods of delivery.

d) Any additional transport costs that arise on the basis of additional requirements of the Buyer after the previous handed over the goods for transport, for example due to subsequent changes in the place of delivery by the Buyer, the Buyer is obliged to pay. In case that the buyer does not accept the goods upon delivery and the required re-delivery, he bears the costs of repeated delivery.

3.4. The Seller is entitled to demand payment by the Buyer in advance.

3.5. The invoice for the purchase price, including shipping and packaging issued by the Seller, which will be sent to the Buyer together with the goods, also serves as a tax document and delivery list.

3.6. In the purchase price according to point 3.2. The General Terms and Conditions costs are not required for the transport of purchased goods or costs for the use of electronic devices for communication. Information about the price conditions for the transport of goods is given in Art. In the General Terms and Conditions - Terms of Delivery of Goods. The costs of using electronic devices are governed by contract between the buyer and his internet connection provider, or his provider of electronic communication services.

3.7. In the case, that the Buyer makes the payment of the purchase price in advance and the Seller is unable to ensure delivery of the goods, the Seller will return the paid purchase price to the Buyer within 14 days of notification of the Buyer's decision to the Buyer's account, but the Buyer has to send number of his account to the Seller´s e-mail address, which is named shop@turtle3d.com or in writing to the registered office of the Seller. In case that the account numbers in the e-mail message and the letter of the delivery person to the Seller's registered office do not match, the Seller may return the money by post or to the account in the document previously delivered to him.

3.8. The Buyer becomes the owner of the goods:

a) delivery of the goods to the Buyer, when the Buyer pays the purchase price in advance, except in the situation under point 3.6. General Terms and Conditions.

 

IV. Delivery time

4.1. The Seller one undertakes to send within 10 working days and deliver the ordered goods to the buyer within 14 working days from order confirmation according to the availability of goods in stock or depending on the specific product only in the product description is stated different delivery time.

4.2. The delivery period begins to run from the full payment of the purchase price, i. from crediting the full amount of the purchase price to the Seller's account.

4.3. In the case that the ordered goods cannot be delivered within the specified period, the Seller will be immediately informed the Buyer of this fact together with information on the replacement delivery date, or will offer another product comparable to the original (replacement performance). In this case, you must request the consent of the buyer in advance.

4.4. If the Seller cannot deliver the ordered goods and the Buyer and the Seller have not agreed on a substitute performance, the Seller is obliged to return the already paid purchase price to the Buyer within 14 days from the expiry of the delivery period to the Buyer's account – the Buyer send number of his account to the e-mail message to shop@turtle3d.com or in writing to the Seller's registered office. In the case that the account numbers in the e-mail message and the delivery letter to the Seller's premises do not match, the Seller has the option to return the money by post or to the account in the document previously delivered to him (e-mail message or Buyer's list).

 

V. Conditions of delivery of goods

5.1. The Seller will deliver the goods to the Buyer only after full payment of its purchase price, unless otherwise agreed.

5.2. Delivery of goods takes place on working days from Monday to Friday.

5.3. Possibilities of delivery of goods and fees for these services: The seller ensures the delivery of goods through the couriers companies, which are specified in the Delivery methods on the website www.turtle3d.com.

5.4. Obligations of the buyer when taking over the goods:
The Buyer is obliged to take over the goods from the carrier (Forwarding Company) properly, check the integrity of the packaging, the number of packages and in case of any defects notify the carrier and the Seller immediately, within 24 hours at the latest. In the event of detection of any damage to the packaging indicating unauthorized intrusion into the consignment with the goods being transported, the Buyer shall not accept the consignment from the carrier. By signing the acceptance protocol, the Buyer confirms that the shipment was accepted intact. The invoice, which also serves as a delivery note, is always enclosed in the shipment with the transported goods.

 

VI. Warranty and service

6.1. The seller provides a guarantee for the goods in accordance with generally binding legal regulations or for the period specified in the warranty certificate, which, however, is not shorter than the statutory warranty period. Unless otherwise stated in the product catalog on the Seller's website www.turtle3d.com or in the enclosed warranty certificate, the warranty period for all goods is 24 months. The warranty period begins from the date of receipt of the goods by the Buyer.

6.2. The warranty provided covers manufacturing defects of the goods or other defects that were not caused by unprofessional or careless handling, use of the goods contrary to their purpose or instructions, mechanical damage or wear, natural disasters, fire or water or other non-standard phenomena. The seller is responsible for defects that occur on the goods during the warranty period, but not for defects:

a) caused by the Buyer,

b) of which the buyer knew before taking delivery the goods,

c) for which a discount has been granted on the price of the goods,

d) which have arisen as a result of wear and tear of the goods caused by normal use, improper care, improper use or after the expiry of the useful life of the goods.

6.3. The Buyer may file a complaint in writing on the complaint protocol with a copy of the delivery note / invoice at the Seller's address. The Buyer sends the claimed goods to the Seller at his own expense and risk. Goods sent cash on delivery the Seller will not accept. The complaint protocol must include the Buyer's address to which the Seller will send a notification of the result of the complaint, otherwise it is the address to which the claimed goods were sent and which results from the delivery note / invoice.

6.4. The Buyer has the right to make a claim within 24 months of receipt of the goods by the Buyer. If the complaint is not made within the warranty period, the right to make a complaint expires. The Buyer is obliged to make a claim without undue delay, immediately and without delay, as soon as the defect has been discovered. The Seller shall make a statement in writing either to the Buyer's e-mail address or by a written letter sent by registered mail to the address determined in accordance with Section 6.3. of these General Terms and Conditions. The complaint will be processed in writing within the statutory period no later than 30 days. This period begins on the day of delivery of the claimed goods to the Seller.

6.5.In the case of a legitimate complaint, when the Buyer claims directly with the Seller, the Seller will deliver the repaired goods to the Buyer at his own expense.

6.6. The Buyer shall attach to the claimed goods a legible original document of purchase of the goods - an invoice and a detailed description of the defect specified in the complaint report. If the defect does not occur permanently, it is necessary to clearly state the conditions under which it manifests itself. The claimed goods must be complete, i. including accessories, etc. The goods must not be treated or soiled.

6.7. The complaint procedure and the method of eliminating defects in the goods are addressed in the Complaints Procedure, which is an integral part of the General Terms and Conditions.

 

VII. Return of goods - withdrawal from the contract

7.1. The Buyer has the right to withdraw from the concluded contract without giving any reason within 14 days from the date of receipt of the goods, while it is necessary that the Buyer's notice of withdrawal from the contract and the purchased goods are sent to the Seller before the expiry of the 14-day period.

7.2. The Buyer will send the goods to the address: MrCode, s.r.o., ID: 44176601, VAT ID: SK2022635824, Mostná 15, 949 01, Nitra., Goods sent by cash on delivery will not be accepted by the Seller, but will be returned to the Buyer at his expense. For more information, the Buyer may contact the Seller by e-mail at shop@turtle3d.com. In case the Buyer exercises the right to return the goods, the goods must not be damaged or soiled.

7.3. The seller will check and test the goods. If the goods were returned undamaged and uncontaminated, the Seller will return to the Buyer the purchase price paid for the goods within 14 days of the Buyer's withdrawal from the contract, either by sending the amount paid by postal order to the Buyer's address or by transfer to the Buyer's account specified in the Buyer's written withdrawal from the Contract. If the returned goods are like any other damaged or soiled, the Seller reserves the right to compensation for damages, which he is entitled to set off against the obligation to return the purchase price. This does not apply if the goods were returned because they had defects covered by the warranty. The buyer is only responsible for paying any value of the goods as a result of handling them in a manner other than that necessary to establish the nature, characteristics and functionality of the goods.

7.4. Unless the seller and the buyer agree otherwise, the buyer may not withdraw from the contract, the subject of which are:

a) the sale of goods which, because of their characteristics, cannot be returned

b) the sale of audio or video recordings, which the consumer has unpacked

c) the sale of computer programs, which have been unpacked by the consumer

d) the sale of newspapers, magazines and periodicals

e) the sale of goods made according to the consumer's specific requirements, custom-made goods or goods intended specifically for one consumer

7.5. In the case of a breach of the conditions for withdrawal from the contract or the proper return of the goods, the Seller is entitled to claim from the Buyer compensation for the damage incurred in accordance with the relevant legislation.

 

VIII. Dispute resolution

8.1. A Dispute between the Seller and the Buyer (consumer and trader) arising out of or related to a consumer contract may also be resolved through the Alternative Dispute Resolution System (hereinafter referred to as "ADR"). This does not affect the possibility to go to court.

8.2. Alternative dispute resolution and its conditions are regulated by the Act of the National Council of the Slovak Republic no. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts (hereinafter referred to as the "ADR Act"). The consumer has the right to turn to the seller with a request for redress if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights. The consumer has the right to bring an application for alternative dispute resolution to an alternative dispute resolution body if the seller has refused the request for redress or has not responded to it within 30 days from the date of dispatch.

8.3. The consumer can thus turn to an ADR entity, such as Slovak Trade Inspection or another entity registered in the list of entities for alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic.

8.4. The consumer may submit a proposal to initiate an alternative dispute resolution in the manner specified in accordance with the provisions of Section 12 of the ADR Act. In the case of disputes concerning obligations under purchase and online service contracts, the consumer may also use the online alternative dispute resolution platform on the basis of EP and Council Regulation no. 524/2013 on the resolution of consumer disputes online (the so-called "RSO platform"), through which the consumer can submit a proposal to initiate an alternative dispute resolution online and which is available at the following web address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

8.5. In accordance with the provisions of Section 2 of the ADR Act, alternative dispute resolution may be used only by a consumer - a natural person who does not act within the scope of his / her business activity, employment or profession when concluding and fulfilling a consumer contract. Alternative Dispute Resolution is free of charge, but an authorized ADR legal entity may charge the consumer a fee for initiating Alternative Dispute Resolution of a maximum of five euros, including value added tax.

 

IX. Final provisions

8.1. The General Terms and Conditions are binding from the date of their publication on the Seller's website.

8.2. The General Terms and Conditions apply to the extent and wording in which they are listed on the Seller's website on the day the order is sent by the Buyer.

8.3. By sending the order, the Buyer confirms to the Seller that he accepts the price for the ordered goods, including any shipping and transport costs, the General Terms and Conditions and the Seller's Complaints Policy, as amended at the time of sending the order.

8.4. The Buyer's personal data is safe with us. All information regarding the protection of personal data can be found on the page: Privacy policy

8.5. The Seller is bound by its offer of goods, including its price, from sending the acceptance to the Buyer until the time of delivery of the goods to the Buyer, unless certain provision of the General Terms and Conditions provides otherwise in a special case. The Buyer is bound by the sent order until the time set for the delivery of the goods.

8.6. The Seller undertakes to archive the purchase contract / invoice in paper form together with the relevant General Terms and Conditions for a period of 10 years.

8.7. The purchase contract according to the conditions specified in the General Terms and Conditions can be concluded in the Slovak language.

8.8. The Seller reserves the right to change the wording of the General Terms and Conditions.

 

In Nitra, 3.6.2021