These General Terms and Conditions ("Terms") govern the rights and obligations of you, as the buyer, and us, as the seller, in contractual relations concluded through the E-shop on the website www.max4body.com.
All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here: https://www.max4body.com/en/information/privacy-terms-and-conditions/
As you are surely aware, we primarily communicate remotely. Therefore, it also applies to our Contract that means of communication at a distance are used that allow us to get along without the simultaneous physical presence of Us and You.
If any part of the Terms contradicts what We have mutually agreed to as part of the process of Your purchase on Our E-Store, that particular agreement will take precedence over these Terms.
1. SOME DEFINITIONS
1.1 The Price is the amount of money you will pay for the Goods;
1.2 The Shipping Price is the sum of money you will pay for the delivery of the Goods, including the cost of packing them;
1.3 The Total Price is the sum of the Price and the Shipping Charge;
1.4 VAT is value added tax as defined by applicable law;
1.5 E-shop means the online shop operated by Us at MAX4BODY s.r.o., Štúrova 3672/15, 08001 Prešov on which the purchase of the Goods will take place;
1.6 Invoice means a tax document issued in accordance with the Value Added Tax Act for the Total Price;
1.7 We are MAX4BODY s.r.o, with registered office at Štúrova 3672/15, ID No. 51185938, registered in the Commercial Register maintained by the District Court of Prešov, Section Sro, Insert No. 35412/P e-mail: e-shop@max4body.com, telephone number +421 917 100 800 legally referred to as the Seller;
1.8 The Order is Your irrevocable proposal to enter into a Contract for the purchase of the Goods with Us;
1.9 The Goods and digital product as a voucher is delivered by email after you have created an Order is all you can purchase on the E-Shop;
1.10 User Account is an account set up by You based on the details You provide, which allows You to store the details You have entered and to keep a history of the Goods ordered and contracts entered into;
1.11 You are the person shopping on Our E-Shop, legally referred to as the Buyer;
1.12 A Contract is a contract of sale agreed on the basis of a duly completed Order sent via the E-Shop, and is concluded at the moment you receive an Order Confirmation from Us.
2. GENERAL PROVISIONS AND INSTRUCTIONS
2.1 Purchase of the Goods is only possible through the web interface of the E-shop.
2.2 When purchasing the Goods, it is Your responsibility to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us when ordering the Goods to be correct and truthful.
3. CONCLUSION OF THE CONTRACT
3.1 The contract with Us can be concluded in Slovak, Czech, English and Hungarian.
3.2 The contract is concluded remotely via the E-shop, and the costs of using the means of communication remotely are borne by you. However, these costs do not differ in any way from the basic rate you pay for the use of these means (i.e. in particular for access to the Internet), so you do not need to expect any additional costs charged by Us over and above the Total Price. By submitting an Order, you agree to the use of remote communication facilities.
3.3 In order for Us to enter into the Contract, You must create a draft Order on the E-Shop. This proposal must contain the following information:
3.3.1 Information about the Goods to be purchased (on the E-shop you indicate the Goods you are interested in purchasing by clicking on the "Add to Cart" button);
3.3.2 Information about the Price, Shipping Charge, VAT, method of payment of the Total Price and the desired method of delivery of the Goods; this information will be entered as part of the creation of the Order proposal within the user environment of the E-shop, while the information about the Price, Shipping Charge, VAT and the Total Price will be provided automatically based on the Goods and the method of delivery selected by you;
3.3.3 Your identification data used to enable us to deliver the Goods, in particular your first name, surname, delivery address, telephone number and email address;
3.3.4 Recurring payments: the Seller offers Customers a "subscription" - where the Customer chooses a package of Goods to arrive each month.
a, For payment of this subscription, the Seller establishes "recurring payments".
b, In the case of a subscription order, Customer agrees to store payment information on the Comgate payment gateway page.
c, Comgate handles the customer's payment card data according to the international security standard PCI-DSS Level 1 (this is the highest level of data security in the financial sector).
d, The maximum recurring payment amount is €300 incl. VAT.
e, The amount is always fixed.
f, The recurring payment will be deducted every month until the customer cancels the subscription.
g, The first payment will be deducted on the day the subscription is ordered and each subsequent payment on the same day the following month (e.g. subscription order is placed on 10.1. - next payment will be deducted on 10.2. etc.).
h, If the first payment is deducted on the last day of the month (e.g. 31.8.), the next payment will be deducted on the last day of each following month (e.g. 30.9.).
j, The Customer may cancel the subscription by email - send a cancellation request to e-shop@max4body.com and the Seller will cancel the recurring payment within 30 days of receipt of this email.
k, Customer may make any changes to recurring payments by sending an email to e-shop@max4body.com,
l, If Customer wishes to cancel a recurring payment already made, Customer may do so by emailing e-shop@max4body.com. If the order has already been received, the Seller will collect it from the Customer by courier service.
3.4 During the creation of the draft Order, you can change and check the data until the Order is created. Once you have made a check by pressing the "Order with payment obligation" button, you will create the Order. However, you must still accept that you have read and agreed to these Terms and Conditions before you press the button, otherwise you will not be able to create the Order. After pressing the "Order with payment obligation" button, all completed information will be sent directly to us.
3.5 We will confirm Your Order as soon as possible after it is received by Us by a message sent to the email address provided by You in the Order. The confirmation will include a summary of the Order and these Terms and Conditions. Confirmation of the Order by Us shall constitute the conclusion of the Contract between Us and You. The Terms and Conditions as in force on the date of the Order form an integral part of the Contract.
3.6 There may be occasions when We are unable to confirm an Order to You. These are mainly situations where the Goods are not available or where you order more Goods than we are able to supply. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and so it should not be surprising to you. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to enter into a Contract in a form amended from the Order. The Contract is then concluded at the time You confirm Our offer.
3.7 In the event that an obviously erroneous Price is indicated within the E-shop or in the Order proposal, in particular due to a technical error, we are not obliged to deliver the Goods to you at that Price even if you have received confirmation of the Order and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to enter into a new Contract in a form amended from the Order. The new Contract is then concluded at the time You confirm Our offer. In the event that You do not confirm Our offer even within 3 days of sending the offer, We shall be entitled to withdraw from the concluded Contract. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or an extra digit is missing or missing.
3.8 In the event that a Contract is concluded, You shall be liable for payment of the Total Price.
3.9 If you have set up a User Account, you may place an Order through it. However, even in this case you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a Buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.
3.10 In some cases we allow you to take advantage of a discount on the purchase of Goods. In order for the discount to be granted, you must fill in details of this discount in the pre-designated field within the Order proposal. If you do so, the Goods will be provided to you at a discount.
4. USER ACCOUNT
4.1 You may access your User Account based on your registration on the E-shop.
4.2 When registering for a User Account, it is your responsibility to enter all the details correctly and truthfully and to update them if they change.
4.3 Access to the User Account is secured by a username and password. It is Your responsibility to keep these access details confidential and not to disclose them to anyone. In the event that they are misused, we shall not be liable for this.
4.4 The user account is personal and you are therefore not entitled to allow third parties to use it.
4.5 We may terminate your User Account, in particular if you have not used it for more than 1 year or if you breach your obligations under the Agreement.
4.6 The User Account may not be available continuously, in particular with regard to necessary maintenance of hardware and software.
5. PRICE AND PAYMENT TERMS, RETENTION OF TITLE
5.1 The price is always indicated in the E-shop, in the Order proposal and in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply and shall always be the same as the price in the Contract. The Order Proposal also includes the Price for shipping or the conditions under which shipping is free of charge.
5.2 The total Price is quoted inclusive of VAT, including any charges provided for by specific legislation.
5.3 Payment of the Total Price will be required from You after the Contract has been entered into and before delivery of the Goods. You may make payment of the Total Price by the following methods:
5.3.1 By bank transfer. We will send you information for making payment as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 7 days.
5.3.2. Card online. In this case, payment is made via the Comgate payment gateway, and payment is governed by the terms and conditions of this payment gateway, which are available here - help.comgate.cz. In the case of payment by card online, the Total Price is payable within 7 days.
5.3.3 Apple pay. In this case, payment is made via the Comgate payment gateway, and payment is governed by the terms and conditions of this payment gateway, which are available here - help.comgate.cz. In the case of online card payment, the Total Price is payable within 7 days.
5.3.4.Google pay. In this case, payment is made via the Comgate payment gateway, and payment is governed by the terms and conditions of this payment gateway, which are available at here - help.comgate.cz. In the case of online card payment, the total price is payable within 7 days.
5.3.5 Online bank transfer: in this case, payment is made via the Comgate payment gateway, and payment is governed by the terms and conditions of this payment gateway, which are available at here - help.comgate.cz. In case of online payment by credit card, the total price is payable within 7 days.
5.3.6. by Bitcoin: In this case, payment is made via the Comgate payment gateway, and payment is governed by the terms and conditions of this payment gateway, which are available here - help.comgate.cz. In case of payment by card online, the total price is due within 7 days.
5.3.7.Cash on delivery. In this case, payment will be made on delivery of the Goods against handover of the Goods. In the case of payment on delivery, the Total Price shall be payable on receipt of the Goods.
5.3.8. Cash on collection in person. The Goods may be paid for in cash in the event of collection at Our premises. In the case of payment in cash on collection in person, the Total Price is payable on collection of the Goods.
5.4 An invoice will be issued electronically upon payment of the Total Price and will be sent to Your email address set out in the Order. The invoice will also be available in your User Account if you have one set up.
5.5 Title to the Goods will only pass to You once You have paid the Total Price and accepted the Goods. In the case of payment by bank transfer, the Total Price is paid by credit to Our account, otherwise it is paid at the time of payment.
6. DELIVERY OF THE GOODS, PASSAGE OF THE RISK OF ACCIDENTAL DESTRUCTION AND ACCIDENTAL DETERIORATION OF THE OBJECT OF PURCHASE
6.1 The goods will be delivered to you by the method of your choice, which may be selected from the following options:
6.1.1. personal collection at Packeta's outlets;
6.1.2. delivery via transport companies Slovak Post, PPL SK, DHL, Packeta.
6.2 The goods can be delivered only within the Slovak Republic and the European Union.
6.3 We are obliged to deliver the Goods to You without delay, but no later than 30 days from the date of conclusion of the Contract. During the performance of the Contract, such facts may arise which will affect the date of delivery of the Goods ordered by You. We will inform you immediately by e-mail about the change of the delivery date and the new expected delivery date of the ordered Goods, without prejudice to your right to withdraw from the Contract. Our notification of the new delivery date of the Goods shall include Our request to You to tell You whether You insist on delivery of the Goods ordered by You on the new date. In the case of a personal collection at our premises, We will always inform You of the possibility of collecting the Goods by emailing e-shop@max4body.com.
6.4 When collecting the Goods from the carrier, it is your responsibility to check the integrity of the packaging of the Goods and in the event of any damage, to notify the carrier and us immediately. In the event that there is any damage to the packaging which is indicative of tampering and tampering, it is not Your obligation to accept the Goods from the Carrier.
6.5 You are obliged to take delivery of the goods at the agreed time and place. If you do not take delivery of the Goods in accordance with the preceding sentence, we will notify you by email where you can collect the Goods, including the time limit for collection, or we will redeliver the Goods to you on your written request sent no later than 14 days after you should have collected the Goods, and you undertake to reimburse us for all costs associated with redelivery of the Goods. In the event that You breach Your obligation to take delivery of the Goods, except in accordance with clause 6.4 of these Conditions, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods shall not be a repudiation of the Contract between Us and You. If You do not take delivery of the Goods even if You do not take delivery of the Goods within an additional period of time, We shall be entitled to withdraw from the Contract on the grounds of Your material breach of the Contract. If We decide to exercise the right in question, the cancellation shall be effective on the date We deliver the cancellation to You. Withdrawal from the Contract shall not affect any claim for damages in the amount of the actual cost of attempting to deliver the Goods or any further claim for damages, if any.
6.6 If, for reasons arising on Your part, the Goods are redelivered or delivered in a different manner from that agreed in the Contract, it is Your responsibility to reimburse Us for the costs of such redelivery. Payment details for payment of these costs will be sent to You at Your email address set out in the Contract and are payable within 14 days of receipt of the email.
6.7 The risk of damage to the Goods shall pass to you when you take delivery of them. In the event that you do not take delivery of the Goods, except as provided in clause 6.4 of these Conditions, the risk of accidental destruction and accidental deterioration of the Goods shall pass to you at the time when you had the opportunity to take delivery of the Goods, but for reasons beyond your control did not take delivery of the Goods. The passing of the risk of accidental destruction and accidental deterioration of the Goods shall mean that from that moment on you shall bear all consequences related to the loss, destruction, damage or any depreciation of the Goods.
7. RIGHTS UNDER LIABILITY FOR DEFECTS
7.1 Introductory provision on liability for defects
7.1.1 We undertake to deliver the Goods to you in the required quality, quantity and free from defects.
7.1.2 We shall be liable for any defects in the Goods on receipt. We shall not be liable for defects in used Goods caused by their use or wear and tear. In the case of Goods sold at a lower price, We shall not be liable for defects for which a lower price has been agreed.
7.1.3 The general warranty period is 24 months. The warranty period shall commence from the time of acceptance of the Goods by you.
7.1.4 If the Goods are replaced, the warranty period will start again from the date of receipt of the new Goods by You.
7.1.5 Your rights under liability for defects in the Goods for which the Warranty Period applies will be extinguished if you do not exercise them within the Warranty Period. However, you must exercise your liability rights for perishable Goods no later than the day after purchase, otherwise your rights will lapse.
7.2 We warrant that at the time of the passing of the risk of accidental perishability and accidental deterioration of the Goods pursuant to clause 6.7 of the Conditions, the Goods are free from defects, in particular that:
7.2.1. it has the characteristics which we have agreed with you and, unless expressly agreed, then those which we have stated when describing the Goods or which may be expected in view of the nature of the Goods;
7.2.2. is suitable for the purposes we have specified or for the purposes which are usual for Goods of that type;
7.2.3. conforms to the quality or workmanship of the agreed sample where the quality or workmanship has been determined by the sample;
7.2.4. is in the appropriate quantity and weight;
7.2.5. meets the requirements imposed on it by special legislation;
7.2.6. it is not encumbered by the rights of third parties.
7.3 Conditions for exercising the right of liability for defects (claims)
7.3.1. If the Goods are delivered to You in broken or damaged packaging or if the parcel is obviously too light, We ask You not to accept such Goods from the transport company and to notify Us immediately by telephone +421 917 100 800 or by e-mail to e-shop@max4body.com. In the event of obvious defects (e.g. mechanical damage) being detected, you are obliged to make a claim without undue delay in the manner set out in clause 7.4.1 below. We will disregard a claim made later due to obvious defects in the Goods, including a defect consisting in the incompleteness of the Goods.
7.3.2 You must assert the right of liability for other defects (latent defects) in the manner set out in clause 7.4.1 below without undue delay after you have discovered the defect in the Goods, but no later than the expiry of the warranty period.
7.3.3 The warranty shall only apply to manufacturing defects in the Goods and defects caused by mechanical damage. In particular, you cannot claim liability for defects caused by wear and tear, mechanical damage, use of the Goods in unsuitable conditions, etc.
7.3.4 You are not entitled to claim the right of liability for defects if you were aware of the defect prior to taking delivery of the Goods, or if we have notified you of the defect or if you have been granted a reasonable discount on the price of the Goods for this reason.
7.4 Exercise of liability rights (claims) - Claims Form
7.4.1.In the event that the Goods are defective, i.e. in particular if any of the conditions under Article 7.2 are not met, you may notify Us of such defect and exercise your rights under liability for defects (i.e. claim the Goods) by sending an e-mail or letter to Our addresses listed in Our identification data or in person at Our premises. You may also use the sample claim form provided by Us, which is attached as Appendix 1 to the Terms and Conditions.
7.4.2 In Your notice of claim, You shall in particular provide a description of the defect in the Goods and Your identification details, including the email address at which You wish to receive notification of the manner in which the claim is to be handled, and shall also indicate which of the defects liability claims specified in clauses 7.5.4 to 7.5.8 You are claiming.
7.4.3. When making a claim, you must also provide us with proof of purchase of the Goods (invoice) in order to prove that they were purchased from us, otherwise we are not obliged to accept your claim.
7.4.4 We shall consider the date of commencement of the claim procedure to be the date of delivery of the defective Goods together with the relevant documents (as per clause 7.4.3). In the event that your submission of a claim is incomplete (in particular illegible, unclear, incomprehensible, does not contain the required documents, etc.), we will request you to complete the claim in writing, in particular by e-mail. In this case, the complaint procedure begins on the day of receipt of your completed submission.
7.4.5 If You do not complete the claim submitted in accordance with clause 7.4.4 of this article without undue delay, at the latest within 10 days from the date of receipt of Our notice pursuant to clause 7.4.4 of this article, We shall consider Your submission to be unjustified.
7.5 Handling of the complaint
7.5.1. Based on your decision which of the rights under § 622 and § 623 of Act No.40/1964 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code") you claim (specified in clauses 7.5.4. to 7.5.8.), we will determine the method of handling the claim immediately, in complex cases no later than within 3 working days from the date of your claim. In justified cases, in particular if a complex technical assessment of the condition of the Goods is required, no later than 30 days from the date of your claim.
7.5.2 Once we have determined how we will handle the claim, we will handle the claim immediately; in justified cases, we may also handle the claim later; however, it must not take longer than 30 days from the date of the claim. After the expiry of the period for handling the claim, you have the right to withdraw from the Contract or you have the right to have the Goods replaced with new Goods, if applicable.
7.5.3 We must issue you with written evidence of the settlement of the claim within 30 days of the date of the claim and we will inform you of the settlement of the claim by email. If the claim is accepted, we will send you repaired Goods or replace the Goods with new Goods or refund the Price paid for the Goods, unless we agree otherwise.
7.5.4 If it is a defect which we can remedy, you have the right to have the defect remedied free of charge, in a timely and proper manner. We will remedy the defect in the Goods without undue delay.
7.5.5 Instead of rectifying the defect, you may require replacement of the Goods or, if the defect relates only to a part of the Goods, replacement of that part, provided that we do not incur disproportionate costs in relation to the Price of the Goods or the severity of the defect.
7.5.6 Instead of rectifying the defect in the Goods, We may always replace the defective Goods with faultless Goods if this will not cause You serious inconvenience.
7.5.7 If there is a defect in the Goods which cannot be remedied and which prevents you from using the Goods properly as if they were free from defect, you have the right to have the Goods replaced or you have the right to cancel the Contract. You have the same rights if, although the defect is a remediable defect, you cannot properly use the Goods because of the recurrence of the defect after repair or because of a greater number of defects.
7.5.8 If there are other irremediable defects, you are entitled to a reasonable discount on the Price of the Goods.
7.5.9 We will settle the claim by handing over the repaired Goods, replacing the Goods, refunding the Price of the Goods, paying a reasonable discount on the Price of the Goods, giving you a written invitation to take delivery of the performance (the Goods) or rejecting the claim on reasonable grounds.
7.6 Exercise of rights under liability for defects and claims for Goods shall be governed by the provisions of § 619 et seq. 250/2007 Coll. 372/1990 Coll. on offences, as amended (hereinafter referred to as the "Consumer Protection Act"), and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Selling Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts, as amended (hereinafter referred to as the "Distance Selling Consumer Protection Act").
7.7 If you make a claim for Goods:
a, during the first 12 months after the purchase of the Goods, we may only reject your claim on the basis of a professional assessment; regardless of the outcome of the professional assessment, we will not require you to pay the cost of the professional assessment or any other costs associated with the professional assessment. We will provide you with a copy of the professional assessment justifying the rejection of the claim within 14 days of the date of the claim;
b, after 12 months from the date of purchase and we have rejected such a claim, we will state in the claim document to whom you may send the Goods for professional assessment. If You send the Goods to a designated person for expert assessment, the cost of the expert assessment and all other costs reasonably incurred in connection therewith shall be borne by Us regardless of the outcome of the expert assessment. If You prove that the professional assessment proves Our liability for the defect in the Goods, You may make a claim again; the warranty period shall not expire while the professional assessment is being carried out. We must pay You within 14 days of the date You make the claim again for all costs incurred for the professional assessment as well as any reasonable costs incurred in connection therewith. The reasserted claim cannot be rejected.
7.8 If you are a business, it is your responsibility to notify and complain about the defect without undue delay after you have been able to discover it, but no later than 3 days after receipt of the Goods.
7.9 If you are a consumer, you have the right to assert liability rights for defects that occur in consumer Goods within 24 months of receipt of the Goods.
7.10 We have herewith duly informed you of your rights under § 622 and § 623 of Act No. 40/1964 Coll., Civil Code. By entering into the Contract, you confirm that you have had the opportunity to read the terms and conditions for claiming the Goods.
8. CANCELLATION OF CONTRACT - Return Form
8.1 Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its beginning, may occur for the reasons and in the ways specified in this Article or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly mentioned.
8.2 In the event that you are a consumer, i.e. a person purchasing the Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of delivery of the Goods, in accordance with the provisions of Section 7 of the Act on Consumer Protection in Distance Selling. If we have entered into a Contract which involves several types of Goods or the supply of several parts of the Goods, this period shall commence on the date of delivery of the last part of the Goods, and if we have entered into a Contract under which we will supply the Goods to you on a regular and repeated basis, it shall commence on the date of delivery of the first delivery. You may withdraw from the Contract by any demonstrable means (in particular by sending an email or letter to Us at Our address set out next to Our identification details). You may also use the sample form provided by Us for withdrawal, which is attached as Annex 2 to the Terms.
8.3 However, even as a consumer, you may not withdraw from the Contract where the subject matter of the Contract:
8.3.1. the sale of Goods, the Price of which depends on price movements in the financial market which are beyond our control and which may occur during the withdrawal period;
8.3.2. the sale of alcoholic beverages, the Price of which was agreed at the time of the Contract, delivery of which may not take place until after 30 days and the Price of which depends on price movements in the financial market which are beyond our control;
8.3.3. the sale of Goods which have been made to your specific requirements, which have been custom made for you or Goods specifically designed for a single consumer;
8.3.4. the sale of Goods which are subject to rapid deterioration or perishability and Goods which have been inextricably mixed with others after delivery;
8.3.5. the sale of Goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been breached after delivery;
8.3.6 the sale of sound recordings, visual recordings, audio-visual recordings or computer software sold in protective packaging if the original packaging has been damaged;
8.3.7. the sale of periodicals, except for sales under subscription agreements and the sale of books not supplied in protective packaging;
8.3.8. the provision of electronic content unless it has been supplied in a tangible medium and has been supplied with Your prior express consent before the expiry of the withdrawal period and We have notified You that You do not have the right to withdraw from the Contract.
8.4 The withdrawal period under clause 8.2 of the Conditions shall be deemed to be observed if You send Us notice that You are withdrawing from the Contract during that period.
8.5 In the event of withdrawal from the Contract, the Price will be refunded to You within 14 days of the effective date of withdrawal to the account from which it was credited or, as the case may be, to the account selected in the withdrawal from the Contract. However, the Amount will not be refunded until You have returned the Goods to Us. Please return the Goods to Us clean, unpacked and including the original packaging.
8.6 In the event that You withdraw from the Contract pursuant to clause 8.2 of the Conditions, You shall, within 14 days of withdrawal, return the Goods to Us, hand the Goods to Us or to a person authorised by Us to take delivery of the Goods, and You shall bear the cost of returning the Goods to Us. This does not apply if We agree to collect the Goods in person or through a person authorised by Us. The time limit shall be observed if the Goods have been handed over for carriage no later than the last day of the time limit. You are, in turn, entitled to a refund by Us of the Transport Price but only in an amount equivalent to the cheapest method of delivery offered by Us for delivery of the Goods.
8.7 You shall be liable for damages in cases where the Goods are damaged as a result of Your handling them in a manner different from that which is necessary in view of their nature and characteristics. In such a case, We will invoice You for the damage caused after the Goods have been returned to Us and the amount invoiced is due for payment within 14 days.
8.8 We shall be entitled to withdraw from the Contract on the grounds of out of stock, unavailability of the Goods or if the manufacturer, importer or supplier of the Goods agreed in the Contract has discontinued production or made material changes which make it impossible for Us to perform Our obligations under the Contract or for reasons of force majeure or if, even with all Our efforts which may reasonably be required of Us, We are unable to deliver the Goods to You within the period specified in these Conditions. In such cases We shall inform You of this fact without undue delay and refund the Total Price for the Goods already paid within 14 days of the date of notice of withdrawal from the Contract. We will refund the Total Price paid for the Goods in the same manner as you paid the Total Price, without prejudice to our right to agree with you another method of refund, provided that no further charges will be made in connection therewith.
8.9 We are entitled to withdraw from the Contract even if you have not taken delivery of the Goods within 5 working days of the date on which you became obliged to take delivery of the Goods.
9. MAKING SUGGESTIONS AND COMPLAINTS
9.1 As a consumer, you are entitled to make complaints and suggestions in writing by email to: e-shop@max4body.com
9.2 We will inform you of the consideration of your complaint or complaint by email sent to your email address.
9.3 The supervisory authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for the Prešov Region, located at Obrancov mieru 6, 080 01 Prešov 1, tel. 051/772 15 97.
9.4 If you are not satisfied with the handling of your complaint or complaint, you can also submit your complaint electronically via the platform available on the website https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi.
10. ALTERNATIVE DISPUTE RESOLUTION WITH CONSUMERS
10.1 You have the right to contact Us for redress, by email to: : e-shop@max4body.com, if you are dissatisfied with the manner in which We have handled your complaint or if you believe that We have violated your rights. If we respond to your request in a negative manner or do not respond to it within 30 days of sending it, you have the right to file a petition for alternative dispute resolution with an alternative dispute resolution entity (hereinafter referred to as the "Entity") pursuant to Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, as amended (hereinafter referred to as the "Alternative Dispute Resolution Act").
10.2 The entities are bodies and authorised legal persons pursuant to Section 3 of the Alternative Dispute Resolution Act and their list is published on the website of the Ministry of Economy of the Slovak Republic. https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.
10.3 You may submit your application in the manner specified under Section 12 of the Alternative Dispute Resolution Act.
10.4 You also have the right to initiate out-of-court dispute resolution online through the ODR platform available at https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297 or https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.
11. FINAL PROVISIONS
11.1 All written correspondence with you will be delivered by electronic mail. Our email address is set out next to Our identification details. We will deliver correspondence to Your email address set out in the Agreement, in Your User Account or through which You have contacted Us.
11.2 The Contract may only be varied by Our written agreement. We shall be entitled to amend these Conditions, however, such amendment shall not affect Contracts already entered into, but only Contracts entered into after the amendment takes effect or we are to supply Goods to you under the Contract on a regular and recurring basis. We will send you information about the change to your email address at least 14 days before the change takes effect. Unless we receive notice from you within 14 days of sending you information about the change terminating an existing Contract for regular and recurring supplies of the Goods, the new terms and conditions will become part of our Contract and will apply to the next supply of the Goods following the effective date of the change. The notice period in the event that you give notice is 2 months.
11.3 In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, subcontractor failures, etc.), We shall not be liable for damages caused as a result of or in connection with the force majeure or unforeseeable events, and if such condition persists for more than 10 days, We and You shall have the right to withdraw from the Contract.
11.4 A sample claim form and a sample withdrawal form are attached to the Terms and Conditions.
11.5 The Contract, including the Conditions, is archived electronically with Us but is not accessible to You. However, You will always receive these Conditions and Order confirmations with a summary of the Order by email and You will therefore always have access to the Contract without Our interaction. We recommend that you always save the Order Confirmation and the Terms and Conditions.
11.6 We are not subject to any codes of conduct under section 3(1)(n) of the Distance Selling Consumer Protection Act.
11.7 These Terms will come into force on 2.7.2024