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General Terms and Conditions for Consumers (effective from 01 April 2025)

General Terms and Conditions for Consumers effective from 01 April 2025 (hereinafter referred to as the “GTC”)

1. Initial Provisions

1.1. These GTC govern the legal relations between the company HAGARD: HAL spol. s r.o., with registered office at Pražská 9, 949 11 Nitra, Slovak Republic, company ID number: 50111990, Tax ID Number: 2120201182 registered in the Commercial Register of the District Court Nitra, section: Sro, file No.: 40888/N, contact tel.: +421 945 430 420, contact e-mail address: info@hagard.sk, (hereinafter referred to as the “Seller”) and every consumer and purchaser of the goods offered by the Seller (hereinafter referred to as the “Purchaser”), that arise from the purchase of such goods.

1.2. For the purposes of these GTC, a consumer pursuant to Section 52(4) of Act No. 40/1964 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) shall mean a natural person who, in connection with a consumer contract, an obligation arising therefrom, or in a commercial practice, is not acting within the scope of his/her business or profession (if the Purchaser provides his/her identification number (ID No.) when making a purchase, he/she shall be deemed to be an entrepreneur, not a consumer, unless he/she informs the Seller otherwise). Legal relations between the Seller and a non-consumer shall be governed by special general terms and conditions for non-consumers.

1.3. Purchase contract means a contract concluded between the Seller and the Purchaser, the subject of which is the sale and purchase of goods offered by the Seller (hereinafter referred to as “Goods”) concluded in accordance with Article 2 of these GTC (hereinafter referred to as the “Purchase Contract”). The Purchase Contract between the Seller and the Purchaser agreed and concluded exclusively on the basis of the Order placed in the Online Shop pursuant to Clause 2.1 of these GTC shall be considered a distance Purchase Contract pursuant to Section 14(1) of Act No. 108/2024 Coll. on Consumer Protection and on amendments and supplementations to certain acts (hereinafter referred to as the “Consumer Protection Act”).

1.4. All contractual relations between the Seller and the Purchaser arising under or in connection with the Purchase Contract shall be governed by the Purchase Contract, these GTC and the Seller's Complaint Regulations (hereinafter referred to as the “Complaint Regulations”), respectively, and by the law of the Slovak Republic, in particular by the relevant provisions of the Civil Code, the Consumer Protection Act and, in some cases, Act No. 22/2004 Coll. on Electronic Commerce and on amendment and supplementation of Act No. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on amendment and supplementation of certain Acts, as amended by Act No. 284/2002 Coll.

2. Ordering the Goods and Conclusion of the Purchase Contract

2.1. The Purchaser may order the Goods by filling in the electronic order form provided on the Seller's e-shop website www.hagard.sk (hereinafter referred to as the “Online Shop”) (hereinafter referred to as the “Order”), in a way specified in the following provisions of this article hereof.

2.2. The Purchaser shall fill in all the required data specified in the Order. Before the final dispatch of the Order, the Purchaser can check the Order and the entered data and change it, if necessary. The filled in data can be changed using the button “Shopping Cart” or “Shipping and Payment”, which returns the Purchaser to the previous steps of filling in the Order, where the Purchaser can change the data. After checking the entered data and any changes made by the Purchaser, the Purchaser will finally confirm the Order by clicking the “Confirm Order with obligation to pay” button. Not later than before the final confirmation of the Order pursuant to the preceding sentence, the Purchaser shall register and/or log in (if already registered) to the Seller's customer portal in the Online Shop (hereinafter referred to as the “Customer Portal”).

2.3. The order delivered to the Seller shall be considered as a proposal for the conclusion of the Purchase Contract by the Purchaser.

2.4. The Order shall be considered to have been received by the Seller if it reaches the Seller (comes into the Seller's possession) and contains all the required data, in particular the name and surname of the Purchaser; delivery and invoice address of the Purchaser; e-mail and telephone of the Purchaser; name of the Goods ordered; quantity of the Goods ordered; chosen method of delivery of the Goods ordered and time of delivery of the Goods (if the Purchaser can choose the time of delivery of the Goods), or other data required under the Order (e.g. name, surname and telephone number of the person authorized to take delivery of the Goods, the so-called Contact).

2.5. If the Purchaser has sent the Order to the Seller via the Customer Portal, the Seller undertakes to send the Purchaser a notification of receipt of the Order without delay upon receipt of the Order. Such notification, which is sent automatically upon receiving the Order in the Customer Portal, shall not be considered a binding Order Acceptance pursuant to Clause 2.7 of these GTC and shall only inform the Purchaser that its Order has been delivered to the Online Shop.

2.6. The Purchaser shall be bound by the delivered Order. Such Order can only be cancelled validly by the Purchaser if such cancellation is sent to the Seller's e-mail info@hagard.sk, or to the e-mail of the Seller's representative assigned to the Purchaser (if it is within the Seller's disposal) before the Seller accepts the Purchaser's Order in accordance with Article 2.7 of these GTC.

2.7. The Seller shall confirm the binding acceptance of the Purchaser's Order by e-mail sent to the Purchaser's e-mail address specified in the Order (hereinafter referred to as “Order Acceptance”).

2.8. In the case of an in-store sale not preceded by an Order, when the Purchase Contract has been agreed and concluded between the Seller and the Purchaser physically present, the Purchase Contract shall be considered to have been concluded upon the simultaneous delivery and acceptance of the Goods and the payment of the Purchase Price by the Purchaser.

2.9. The Purchase Contract between the Seller and the Purchaser shall be considered to be concluded at the moment when the Order Acceptance is received by the Purchaser (gets into the Purchaser's possession).

2.10. By the Purchase Contract, the Seller undertakes to hand over the Goods, which are the subject of the Purchase Contract, to the Purchaser under the terms and conditions set out in these GTC and to transfer the ownership right to the Goods to the Purchaser, and the Purchaser undertakes to accept the Goods and to pay the Purchase Price to the Seller in due and timely manner pursuant to Article 3 hereof (hereinafter referred to as the “Purchase Price”).

2.11. The Seller reserves the right not to accept the Order if the price, description of the Goods or an image of the Goods has been incorrectly indicated in the Online Shop or if the Seller, due to the out-of-stock or unavailability of the Goods or due to the fact that the price of the Goods has been significantly changed by the manufacturer, importer or supplier of the Goods, due to force majeure (as defined in Article 2.13 hereof) or if, even though making every reasonable effort which may be fairly requested, the Seller is unable to deliver the Goods to the Purchaser at the Purchase Price of the Goods as stated at the time of placing or sending the Order, or to deliver the Goods corresponding to the description specified in the Online Shop at the time of placing or sending the Order or to deliver the Goods within the delivery period specified herein, unless the Seller and the Purchaser agree otherwise, e.g. on an alternative performance or a different delivery period. The Seller shall promptly notify the Purchaser by email to the Purchaser's e-mail address(es) provided in the Order of the failure of the Seller to accept the Order for the reasons set out in the preceding sentence.

2.12. The Seller shall be entitled to withdraw from the Purchase Contract concluded based on the Purchase Order due to the out-of-stock of the Goods or unavailability of the Goods, or if the manufacturer, importer or supplier of the Goods in the Purchase Contract has discontinued the production or import of the Goods or has made such significant changes that have made it impossible to perform the Seller's obligations under the Purchase Contract or due to force majeure (as defined in Article 2.13 hereof) or if, even though making every reasonable effort which may be fairly requested, the Seller is unable to deliver the Goods to the Purchaser at the price of the Goods agreed in the Purchase Contract or to deliver the Goods corresponding to the description of the Goods under the Purchase Contract or to deliver the Goods within the delivery period specified herein, unless otherwise agreed between the Seller and the Purchaser, e.g. on an alternative performance or a different delivery period. If the Goods are sold via the Online Shop, the Seller shall regularly update the availability of the Goods. The Seller shall immediately inform the Purchaser of this fact and, within 14 days of the date of sending the notice of withdrawal from the Purchase Contract, refund to the Purchaser the Purchase Price paid or the advance payment and the related fees paid in the same way as the Purchaser used when making the payment. If the Seller refunds to the Purchaser the Purchase Price or any advance payment and any related fees by credit transfer to the Purchaser's bank account, the Seller shall fulfil its obligation to refund the Purchase Price, any advance payment and any fees upon giving a payment order for such amount at the Seller's bank. The Seller shall not be liable if the refunded funds have not been credited to the Purchaser's account within the aforementioned period for any reasons beyond its control, in particular in cases of misconduct on the part of the Seller's bank or the Purchaser's bank or the banking system failure. This is without prejudice to the Seller's and the Purchaser's right to withdraw from the Purchase Contract for reasons under applicable law and these GTC (including the Purchaser's right of withdrawal under Article 4.5 and Article 7 hereof).

2.13. For the purposes of these GTC, force majeure (vis major) shall be considered as circumstances that exclude liability, which have occurred independently of the will and beyond the control of the Seller, having a negative impact on timely and proper performance of the Purchase Contract, in particular: (i) natural disasters such as fire, flood, earthquake, lightning, hail, high winds, windstorm, snowstorm, extreme cold, etc., (ii) strike, embargo, mobilization, terrorist attack, revolution, war, emergency, state of emergency, epidemic, pandemic (including, however not limited to, a pandemic caused by COVID-19), information systems failures, or (iii) commercial, monetary, political, or other actions of public authorities, including however not limited to the ones issued by the Government of the Slovak Republic, the Ministry of Health of the Slovak Republic and the relevant public health authorities.

2.14. In the case of a sale campaign run by the Seller, the Purchase Contract shall be governed by the binding terms and conditions of the respective campaign in addition to these GTC.

3. Price and Payment Terms

3.1. The Purchaser shall pay the Purchase Price for the Goods, the Order for which has been accepted by the Seller in accordance with Article 2.7 of these GTC, in due and timely manner. The Purchase Price does not include the cost of transportation of the purchased Goods and any other costs and charges associated with the delivery of the Goods, e.g. the cost of returnable packaging or non-standard packaging or other costs and charges associated with the delivery of the Goods (“Delivery Charges”). Information of the Goods transportation terms and conditions is specified in art. 6 hereof and the information of the costs of returnable packaging and is specified in art. 5 hereof. The Purchaser acknowledges and agrees that, in addition to the Purchase Price, the Purchaser shall also pay to the Seller the Costs for delivery of the purchased Goods in accordance with Article 6 hereof.

3.2. When concluding the Purchase Contract in person directly at the Seller's point of sale, the Purchase Price is the price including the relevant value added tax (hereinafter referred to as “VAT”) indicated on the relevant price tags at the Seller's point of sale relating to the Goods which are the subject of the Purchase Contract.

3.3. If the Purchaser has ordered the Goods by means of an Order, the Purchase Price is the price including VAT indicated in the Online Shop for the selected Goods at the moment of placing or sending the Purchaser's Order to the Seller.

3.4. The Seller reserves the right to change the prices shown in the Online Shop without informing the Purchaser in advance. The Seller recommends the Purchaser to always check the current prices of the Goods in the Online Shop before sending the Order; this applies especially to Goods consisting of materials containing more than 30% of non-ferrous metals, iron, PVC. The Seller is not entitled to unilaterally change the price of the Goods after the Order has been sent.

3.5. The Seller shall be entitled to submit a quotation to the Purchaser (hereinafter referred to as the “Quotation”). The price of the Goods stated in the Quotation may differ from the prices stated in the Online Shop. The Quotation contains information on the period of the Quotation validity and the specific conditions subject to which the price stated in the Quotation is valid, or the conditions allowing for a change in the Purchase Price. If the Purchaser wishes to accept the Quotation, he/she shall do so by creating an Order in the Online Shop, while the provisions of Article 2 hereof shall apply to the Order Acceptance and the Purchase Contract.

3.6. The Purchase Price and the Cost of Delivery shall be paid by the Purchaser by the method of payment chosen by the Purchaser as specified in the Order. Below is an overview of the possible methods of payment of the Purchase Price according to the way of concluding the Purchase Contract and the way of acceptance or delivery of the Goods:

      • a) Payment in cash upon receipt of the Goods at the Seller's point of sale;
      • b) Payment by payment card upon receipt of the Goods at the Seller's point of sale;
      • c) Payment on delivery, i.e. in cash or by payment card on receipt of the Goods from the carrier;
      • d) By transfer to the Seller's account against the issued pro-forma invoice. Unless otherwise stated in the advance invoice, the Purchaser shall be obliged to pay the Purchase Price and the cost of delivery of the Goods in 14 days from the date of receipt of the pro-forma invoice;
      • e) Online, by payment card, through a 3D secure payment gateway of the bank where you are redirected after the order was placed. Then you enter the required payment card details and after authorization, the site informs you of the successful completion of the order.

3.7. When paying in cash according to the previous article hereof, the Seller shall proceed in accordance with Act No. 394/2012 Coll. on the Restriction of Cash Payments.

3.8. The proof of purchase issued by the Seller and provided to the Purchaser together with the Goods shall also serve as a tax document and delivery note.

3.9. Unless the Purchaser pays the Purchase Price for the Goods and the Costs for delivery of the Goods to the Seller within the due period and within any additional reasonable period provided by the Seller, which shall not be shorter than 15 calendar days, the Seller shall be entitled to claim default interest at the statutory rate for each day of delay and shall be entitled, however not obliged, to withdraw from the Purchase Contract or from the partial performance to which the delay relates. If the Seller exercises its right to withdraw from the Purchase Contract, the parties shall be obliged to return to each other the performances already provided, i.e. the Purchaser shall be obliged to return the delivered Goods to the Seller. The Seller shall be entitled to compensation for damages caused by the Purchaser's delay up to the amount not covered by the default interest.

4. Delivery period

4.1. When determining the delivery time, the Seller shall consider the supplier-customer relationships, the current availability at suppliers, the nature of the Goods and the way of ordering the Goods.

4.2. Goods ordered through the Online Shop shall be delivered to the Purchaser within the period specified in the Order as “Delivery Date” or “Expected Delivery Date”, otherwise within the period specified by the Online Shop for the relevant Goods in the moment of placing or sending the Order or within the period specifically agreed with the Seller, e.g. in the case of “Customized Goods” (hereinafter referred to as the “Delivery Period”). Only working days shall be included in the Delivery Period, unless agreed otherwise. If the Seller is unable to deliver the Goods within the Delivery Period, the Seller shall inform the Purchaser and proceed in accordance with Article 2.12 hereof.

4.3. The delivery period for the Goods, the Purchase Price of which is paid by the Purchaser upon acceptance of the Goods pursuant to Article 3.6 (a) to (c), shall commence on the business day following the day on which the Seller and the Purchaser have entered into the Purchase Contract pursuant to Article 2 hereof. If the Purchaser has chosen a different method of payment of the Purchase Price for the Goods pursuant to Article 3.6(d), the Delivery Period shall start only on the day following the day on which the Purchaser pays the Purchase Price including the Costs for delivery of the Goods in full, i.e. the moment of crediting the Purchase Price and the Costs for the delivery of the Goods in full to the Seller's bank account.

4.4. Unless the ordered Goods can be delivered within the Delivery Period and the Seller does not proceed according to Article 2.12 hereof and does not withdraw from the Purchase Contract, the Seller shall immediately inform the Purchaser of such fact and inform the Purchaser of the alternative date of delivery of the Goods, or the Seller shall offer the Purchaser other Goods, i.e. an alternative performance. The Seller shall be entitled to provide an alternative delivery date of the Goods and the Alternative Performance only subject to the Purchaser’s prior approval, or the Purchaser may specify a different reasonable additional time for delivery of the Goods. Subject to the Purchaser's consent, the Seller shall be obliged to deliver the Goods to the Purchaser on an alternative date or to deliver other (alternative) agreed Goods.

4.5. If the Seller and the Purchaser do not agree on an alternative date or alternative performance pursuant to clause 4.4 above, or If the Seller fails to fulfil its obligation to deliver the Goods according to the originally agreed Delivery Time, and at the same time fails to deliver the Goods even within the reasonable additional time determined by the Purchaser or on alternative date agreed with the Purchaser, or fails to deliver other Goods (alternative performance) agreed with the Purchaser, the Purchaser shall be entitled to withdraw from the Purchase Contract. If, prior to the conclusion of the Purchase Contract, the Purchaser expressly informs the Seller in the Order that the delivery of the Goods within the specified period or on the specified date is of particular importance to the Purchaser, and the Seller fails to deliver the Goods to the Purchaser within such period, the Purchaser shall be entitled to withdraw from the Contract even without giving the Purchaser a reasonable additional period for delivering the Goods.

5. Packaging of goods

5.1. If the Goods are packed in returnable packaging or on returnable packaging (cable reels and drums, wooden pallets), the Purchaser shall pay, in addition to the Purchase Price for the Goods, the price of the returnable packaging specified in the moment of placing or sending the Order. Unless agreed otherwise between the Seller and the Purchaser, the Seller shall, in addition to the Purchase Price for the Goods, repurchase the returnable packaging at a redemption price (i) equalling the selling price of the returnable packaging if the Purchaser returns and delivers the returnable packaging to the Seller within 3 months (inclusive) from the date of [delivery of the Goods and returnable packaging/issue of the invoice for the Goods and returnable packaging]. to the Purchaser, (ii) equalling the 2/3 of the selling price of the returnable packaging, if the Purchaser returns and delivers them to the Seller 3 to 8 months (inclusive) from the date of [delivery of the Goods and returnable packaging/issue of the invoice for the Goods and returnable packaging] to the Purchaser, or (iii) set by mutual agreement (however, not exceeding 2/3 of the selling price of the returnable packaging), if the Purchaser returns and delivers them to the Seller later than 8 months from the date of [delivery of the Goods and returnable packaging/issue of the invoice for the Goods and returnable packaging] to the Purchaser.

5.2. Unless otherwise agreed between the Seller and the Purchaser, the Purchaser shall return the returnable packaging at its own expense upon prior notification to the Seller of the requirement to return the returnable packaging. Such request may be communicated by telephone, by e-mail to the e-mail address: info@hagard.sk or via the Customer Portal.

5.3. The Purchaser shall be obliged to return the returnable packaging clean and undamaged, i.e. at least in a condition that allows it to be reused without the need for repair. If damaged, the Seller shall assess the extent of the damage and the cost of repair, if possible, and notify the Purchaser of such cost. After mutual agreement on the extent of the damage, the purchase price of the returnable packaging determined in accordance with Article 5.1 hereof shall be reduced by the agreed damage amount. If the Purchaser and the Seller do not reach an agreement on the extent of the damage, the Seller shall not be obliged to purchase the returnable packaging and shall return the returnable packaging to the Purchaser.

5.4. The Seller shall reimburse the Purchaser for the returnable packaging in the same way as used by the Purchaser to pay for the returnable packaging, or in the form of a credit note issued by the Seller in 15 days of the date of returning the returnable packaging to the Seller in the way specified in this Article 5.

6. Terms of Delivery of the Goods

6.1. In the Order, the Purchaser may choose to collect the Goods at a specific point of sale of the Seller, i.e. the personal collection of the Goods. The Seller does not charge any fee for delivery of the ordered Goods to the specific Seller's point of sale and for personal collection. After processing the Order and preparing the Goods for collection, the Seller will inform the Purchaser to collect the ordered Goods by telephone using the telephone number specified in the Order or by e-mail sent to the Purchaser's e-mail address specified in the Order. The information about when and where the ordered Goods can be collected shall be included. The Goods may be collected at the Seller's point of sale in general during the opening hours of the Seller's point of sale as soon as the Purchaser is invited to collect the Goods. The Purchaser shall be obliged to take over the ordered Goods not later than within 10 days of receipt of the Seller's invitation to take over the Goods.

6.2. Delivery of the Goods is carried out only in the territory of the Slovak Republic through a carrier company with which the Seller has concluded a contract of cooperation or other provider of courier or transport services (hereinafter referred to as “Carrier”). Estimated shipping charges are available on the Seller's website according to the weight and dimensions of the Goods ordered. The Seller shall be entitled to surcharge for oversize or overweight Goods, according to the terms and conditions set out in the Online Shop. The final shipping fee will be quoted in the Order placed on the Customer Portal. The choice of a particular Carrier is at the sole discretion of the Seller.

6.3. If the Purchaser chooses to have the Goods delivered by Carrier to the specified address, the Purchaser shall provide the Seller with the exact address where the ordered Goods are to be delivered and shall arrange for the receipt of the shipment of the ordered Goods by a responsible person or a contact person, who shall be the same as the person designated by the Purchaser as the contact person in the Order. If the Carrier does not manage to deliver the ordered Goods to the Purchaser, the Carrier shall make another delivery. The proof of purchase, which also serves as a delivery note, shall always be enclosed in the shipment with the Goods being shipped. The Seller reserves the right to replace signatures on the proof of purchase by mechanical means (e.g. by scanning the signature or signing via a signature pad or mobile data device).

6.4. Upon personal collection of the Goods, the Purchaser shall inspect the Goods and upon discovery of any apparent defects he/she shall immediately notify the Seller of such defects. Upon delivery of the ordered Goods by the Carrier, the Purchaser is advised, for the sake of a better evidence, to take over the Goods properly, to check the integrity of the packaging, the number of packages and in case of any obvious defects, to notify the Carrier on the site and to record such defects together with the Carrier in a report or other written document. Pursuant to section 621 of the Civil Code, the Purchaser may only claim rights under liability for defects if the Purchaser has complained about the defect within two months of discovering it, at the latest within two years of delivery of the item. The Purchaser shall be obliged to confirm receipt of the Goods in the acceptance certificate or sales document (delivery note, proof of purchase, shipment order), either by handwritten signature or signature replaced by mechanical means by means of a signature scan, signature pad or mobile data device.

6.5. If the Purchaser accepts a shipment of Goods from a Carrier arranged by the Seller, the Purchaser shall be obliged to confirm the receipt of the Goods by signing the acceptance certificate or sales document (delivery note, proof of purchase, transport order), either by handwritten signature or by a signature substituted by mechanical means by means of a signature scan, signature pad or mobile data device, of which the Carrier shall inform the Seller. The Purchaser shall be entitled not to accept the Goods from the Carrier in case of delivery of another type of Goods or in case of delivery of Goods in breach of the Purchase Contract or in case of delivery of Goods without the relevant tax and sales documents (proof of purchase).

6.6. Regardless of the method of delivery of the Goods referred to above, the Seller or the Carrier shall be entitled to verify the identity of the person accepting the ordered Goods and to compare it with the person specified in the Order for acceptance of the ordered Goods (contact) and for this purpose to check in particular his/her name and surname by consulting his/her identity card or other identity document to verify whether it corresponds to the data specified in the Order. If the ordered Goods are not taken over by the authorised person or the person specified in the Order, the delivery note shall indicate the relationship of the Purchaser and the person who takes over the ordered Goods. Such person shall present an identity card or other proof of identity in accordance with the terms and conditions determined by the Carrier.

7. Withdrawal from the Distance Purchase Contract

7.1. Pursuant to the provisions of Section 20 of the Consumer Protection Act, the Purchaser shall be entitled to withdraw from any contract concluded remotely by means of remote communication, including the Order in the Online Shop, without giving any reason, within 14 days from the date of receipt of the Goods, i.e. within 14 days from the moment the Purchaser or a third party appointed by the Purchaser, except for the Carrier, accepts all parts of the ordered Goods, or if the Goods ordered by the Purchaser in one Order are delivered in several deliveries, within 14 days from the moment the Purchaser or a third party appointed by the Purchaser, except for the Carrier, accepts the Goods, or if the delivered Goods consist of multiple parts or pieces, within 14 days after the Purchaser or a third party designated by the Purchaser, other than the Carrier, accepts the last part or the last piece. The Purchaser may also withdraw from the Purchase Contract, the subject-matter of which is the delivery of the Goods, before the withdrawal period has started.

7.2. In case the Purchaser exercises the right to withdraw from the Purchase Contract pursuant to Article 7.1 hereof, the Purchaser shall be obliged to inform the Seller of its decision to withdraw from the Purchase Contract by an unambiguous statement, e.g. by a letter sent by mail to the Seller's address: HAGARD: HAL, spol. s r.o., registered office at Pražská 9, 949 11 Nitra, Slovak Republic, or by e-mail to the Seller's e-mail address: info@hagard.sk, or in any other way that does not raise any doubts that the Purchaser has withdrawn from the Purchase Contract. For the purpose of withdrawal from the Purchase Contract, the Purchaser may use the sample withdrawal form available to the Purchaser on the Seller's website: www.hagard.sk/clanok/odstupenie-od-zmluvy. The period for withdrawal from the Purchase Contract shall be considered to be complied with if the Purchaser sends a notice of exercising the right of withdrawal from the Purchase Contract to the Seller not later than on the last day of the withdrawal period pursuant to Article 7.1 hereof.

7.3. If the Purchaser withdraws from the Purchase Contract pursuant to Article 7.1 hereof, all payments made by the Purchaser under or in connection with the Purchase Contract shall be refunded to the Purchaser, including any other payments received from the Purchaser under or in connection with the Purchase Contract, such as Delivery Costs; the provision of Section 20(11) of the Consumer Protection Act shall not be affected thereby. The above does not apply to additional costs if the Purchaser has chosen a delivery method other than the cheapest common delivery method offered by the Seller. Payments will be refunded to the Purchaser without any undue delay, no later than 14 days from the date of receipt of the Purchaser's notice of withdrawal from the Purchase Contract by the Seller. Notwithstanding the time limit for the refund of payments to the Purchaser under the preceding sentence, payments under this Article 7.3 hereof shall not be made by the Seller to the Purchaser until the Goods being returned have been delivered to the Seller pursuant to Article 7.4 hereof or the Purchaser has provided the Seller with proof of sending the Goods back to the Seller. The payments shall be refunded under this Article 7.3 hereof using the same method as used by the Purchaser when making payment, unless the Purchaser and the Seller have agreed on a different method of payment to the Purchaser without charging any additional fees to the Purchaser.

7.4. After exercising the Purchaser's right to withdraw from the Purchase Contract pursuant to Article 7.2 hereof or simultaneously with it, the Purchaser may return the Goods in person at any of the Seller's points of sale or by sending them to the Seller's address: HAGARD: HAL, spol. s r.o., registered office at Pražská 9, 949 11 Nitra. The Purchaser shall be obliged to send the goods back or hand them over to the Seller not later than 14 days from the date of exercising the right of withdrawal from the Purchase Contract. The time limit shall be deemed to have been complied with if the Goods have been handed over by the Purchaser for carriage on the last day of the time limit at the latest. The direct costs of returning the Goods shall be borne by the Purchaser, including the costs of returning Goods which, due to their nature, cannot be returned by post. If the delivered Goods lack the characteristics in which the Purchaser was interested and which correspond to the description provided by the Seller, the costs of returning and delivering the Goods in accordance with the Purchase Contract, as well as all costs reasonably incurred by the Purchaser in connection therewith, shall be borne by the Seller. The Purchaser shall return the Goods to the Seller complete, with full documentation, undamaged, clean, in the condition and value in which the Purchaser received the Goods, taking into account the handling of the Goods within the scope necessary to ascertain the characteristics and functionality of the Goods. The Purchaser shall not be obliged to return the Goods in their original packaging. The Purchaser shall be liable for any loss in value of the Goods as a result of handling the Goods in a manner other than that necessary to ascertain their characteristics and functionality. If the Purchaser returns the Goods to the Seller damaged or worn out in any way, as a result of handling the Goods outside the scope of handling necessary to ascertain the characteristics and functionalities of the Goods, the Seller shall be entitled to compensation from the Purchaser for any damage incurred by the Seller as a result.

7.5. The Purchaser may not withdraw from the Contract, the subject of which pursuant to Section 19(1) of the Consumer Protection Act is:

      • 1. The sale of Goods, the Purchase Price of which depends on price movements in the financial market which are beyond the Seller's control and which may occur during the withdrawal period of the Purchase Contract;
      • 2. The sale of Goods made to the Purchaser's specific requirements, custom-made Goods or Goods designed specifically for one particular Purchaser;
      • 3. Sale of Goods subject to rapid deterioration or perishability;
      • 4. The sale of Goods in protective packaging which is not suitable for return for health or hygiene reasons or the protective packaging of which has been damaged after delivery;
      • 5. The sale of Goods which, due to their nature, may be inextricably mixed with other Goods after delivery;
      • 6. The performance of urgent repairs or maintenance expressly requested by the Purchaser from the Seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts needed for the performance of repairs or maintenance, if they were concluded during the Seller's visit to the Purchaser and the Purchaser did not order these services or goods in advance.

7.6. Should the Purchaser breach the conditions for withdrawal from the Purchase Contract or fail to properly return the Goods after withdrawal from the Purchase Contract, the Seller shall be entitled to claim compensation from the Purchaser for damages incurred by the Seller under the relevant legislation.

8. Liability for defects

8.1. Unless otherwise stated in these GTC, the exercise of claims under liability for defects in the Goods shall be governed by the Complaint Procedure and the relevant provisions of the Consumer Protection Act and the Civil Code.

8.2. The quantity of cables and wires is specified in the Order only approximately because of their nature. The Seller undertakes that the quantity of cables and wires actually delivered to the Purchaser shall not vary by more than 5% compared to the quantity specified in the Order. The Purchaser agrees to accept the difference between the quantity ordered and the quantity actually delivered of the ordered cables and wires if such difference is no more than +/- 5% of the ordered quantity of the Goods. The Seller shall invoice the Purchaser only for the actual quantity of Goods ordered. The accuracy tolerance for cables and wires shall be 1%. The Purchaser's complaint about the delivered length will only be recognized if the difference between the invoiced quantity and the quantity measured by the Purchaser is more than 1% (otherwise it will not be considered as a defect).

8.3. If the Purchaser exercises its rights under liability for defects on items with digital elements, the process of exercising these rights and the complaint about defects shall be governed by the Complaint Regulations, subject to the special features according to Section 612 et seq. of the Civil Code applicable to items with digital elements. If a defect appears in the digital performance, the Purchaser shall be entitled to exercise the rights under liability for defects pursuant to section 852g et seq. of the Civil Code.

9. E-waste take-back

9.1. In accordance with Act No. 79/2015 Coll. on Waste and on amendment and supplementation of certain acts, as amended, the Seller takes back the used electrical household appliances intended by the Purchaser for ecological disposal (hereinafter referred to as “E-Waste”), when the Seller sells new electrical appliances to the Purchaser on a piece-for-piece basis, if the E-Waste comes from electrical appliances of the same category and has the same functional purpose as the sold electrical appliance. In this case, the Purchaser is entitled to hand over the E-waste free of charge at the Seller's point of sale.

9.2. Notwithstanding the provisions of Article 9.1 hereof, the Purchaser shall be entitled to hand over to the Seller very small E-waste (i.e. E-waste with an external dimension of up to 25 cm) and E-waste from light sources free of charge, without the Purchaser being obliged to purchase any electrical equipment from the Seller. The Purchaser shall be entitled to hand over very small E-waste and E-waste from light sources free of charge at the Seller's point of sale

9.3. The Seller may refuse to accept the E-waste from the Purchaser as part of the take-back collection if the E-waste handed over does not contain the essential components of the original electrical equipment or if it contains waste other than E-waste, or if it poses a risk to the health and safety of personnel due to contamination.

10. Personal Data Protection

10.1. Information on the processing of personal data of data subjects is available on the Seller's website (https://www.hagard.sk/clanek/ochrana-osobnych-udajov).

11. Evaluation of Products

11.1. Company HAGARD: HAL, spol. s r.o. as the Seller does not offer the possibility to review products in the Online Shop. Therefore, the Seller does not in any way ensure that reviews of the products it sells or provides come from consumers who have actually purchased or used the product.

12. Compliance with sanctions regulations and prohibition of re-export

12.1. The Buyer assures the Seller that the Goods supplied that fall under the scope of Article 12g of Council Regulation (EU) No. 833/2014 or Article 8g of Council Regulation (EC) No. 765/2006, will not be sold, exported, or re-exported, either directly or indirectly, to the Russian Federation or Belarus, nor intended for use in the Russian Federation or Belarus.

12.2. Any violation of Article 12.1 hereof by the Buyer shall constitute a material breach of the Buyer's obligations and entitles the Seller to withdraw from the Purchase Contract with immediate effect and to cancel any already received or accepted Orders without delay. The Buyer shall indemnify the Seller from all costs, third-party claims, and other disadvantages (e.g., fines) resulting from the Buyer's breach of obligations under Article 12.1 hereof. This shall not apply if the Buyer is not responsible for the breach. Furthermore, the Seller shall be entitled to demand a contractual penalty of 5% of the Purchase Price of the Goods sold in violation of the provisions of Article 12 hereof. The Seller's right to claim full compensation for damages remains unaffected.

12.2. The Buyer shall immediately inform the Seller about any problems in applying Article 12.1 hereof, including any relevant activities by third parties that could frustrate the purpose of Article 12.1 hereof. The Buyer shall make available to the Seller information concerning compliance with the obligations under Article 12.1 hereof within two weeks of the simple request of such information by the Seller.

13. Final Provisions

13.1. These GTC shall be in force, effect and binding from 01 April 2025. The valid and effective version of the GTC is available to the Purchaser on the Seller's website (www.hagard.sk) and also at each Seller's points of sale. The Seller reserves the right to amend these GTC.

13.2. Hereby the Seller informs the Purchasers, pursuant to section 5(1)(h) of the Consumer Protection Act, that it does not provide the Purchasers with after-sales service, except for the customer service line at the telephone number indicated in the header of the GTC, through which it provides the Purchasers with general information on the goods and services sold.

13.3 Hereby, the Seller informs the Purchaser, pursuant to Section 5(1)(i) of the Consumer Protection Act, that the duration of the Purchase Contract is determined by the nature of the purchase of the Goods itself, i.e. by the fulfilment of the obligations of the parties, i.e. the Seller delivers the Goods to the Purchaser duly and on time, and the Purchaser pays the Purchase Price, including VAT, to the Seller for the Goods and accepts the Goods duly and on time. The Purchaser's rights under the warranty for the goods shall not be affected by this provision. The Seller hereby further informs the Purchaser, pursuant to Section 5(1)(j) and (k) of the Consumer Protection Act, that all data regarding the functionality of the item with digital elements, digital content and digital service, as well as data regarding compatibility and interoperability are provided to the Purchaser in the instructions for use of the purchased goods. Any missing information shall be provided by the Seller to the Purchaser upon request, including, where applicable, in cooperation with the supplier or manufacturer of the goods.

13.4. Before placing or sending an Order on the Customer Portal, the Purchaser shall be obliged to read and agree to the wording of these GTC. The Purchaser agrees by ticking the box “I agree to the Seller's General Terms and Conditions”. By sending or placing an Order, the Purchaser declares that he/she has familiarised himself/herself with the Purchase Price of the Goods, including any Delivery Costs, delivery terms and conditions, and that he/she have had the opportunity to read the GTC in force and effect at the time of placing the Order, as well as other information provided by the Seller to the Purchaser prior to the placing of the Order.

13.5. The authority supervising the protection of consumer rights is the Slovak Trade Inspection (Central Inspectorate of the Slovak Trade Inspection, Bajkalská 21/A, P. O. BOX 29, 827 99 Bratislava).

13.6. If the Purchaser is not satisfied with the way the Seller has handled his/her complaint or if he/she believes that the Seller has violated his/her rights, he/she shall be entitled to contact the Seller with a request for redress (by e-mail to info@hagard.sk). If the Seller responds to this request negatively or does not respond within 30 days of sending it, the consumer shall be entitled to submit a proposal for an alternative dispute resolution to an alternative dispute resolution body (hereinafter referred to as “ADR body”) pursuant to Act 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”).

13.7. Alternative Dispute Resolution applies only to a dispute between the Purchaser and the Seller arising out of or related to the Purchase Contract.

13.8. The Purchaser may submit a proposal for the alternative dispute resolution in paper form, electronically or orally for the record, or may use the form available on the website of the Ministry of Economy of the Slovak Republic and each ADR body. The Purchaser may also lodge a complaint via the RSO alternative dispute resolution platform, which is available online at:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK

13.9. ADR bodies are alternative dispute resolution bodies and authorised legal entities registered in the list pursuant to Section 3 of the ADR Act, which is available 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

If there are several ADR entities competent to resolve the dispute, the Purchaser shall be entitled to choose to which of them to lodge the proposal for the alternative dispute resolution.

13.10. The Seller undertakes to archive the Purchase Contract in electronic form together with the relevant GTC for a period of 10 years. The Purchase Contract so archived is not accessible to the Purchaser.

13.11. The Purchase Contract under the terms and conditions set out in the GTC can be concluded in the Slovak language.

In Nitra, on 27 March 2025.
HAGARD: HAL, spol. s r.o.