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

General Terms and Conditions for Non-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 any entrepreneur 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, an entrepreneur shall mean a person, who is not a consumer (if the Purchaser provides his/her identification number (ID No.) when making a purchase, he/she is considered an entrepreneur, not a consumer, unless he/she informs the Seller otherwise). 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. Legal relations between the Seller and a consumer shall be governed by special general terms and conditions for consumers.

1.3. Under these GTC, the Purchaser may be an entrepreneur with credit (hereinafter referred to as “B2B customer with credit”) or an entrepreneur without credit (hereinafter referred to as “B2B customer without credit”). B2B customer with credit is an entrepreneur who, at the time of placing or sending an order for goods or accepting a Price Offer (as defined in Clause 3.5 of these GTC), has concluded a special framework cooperation agreement or other similar framework agreement with the Seller (hereinafter referred to as the “Framework Agreement”) or has been unilaterally granted a special credit (authorization) by the Seller for the purchase of goods offered by the Seller with the possibility to pay the purchase price at a later date after receiving the goods from the Seller. B2B customer without credit is an entrepreneur who, at the time of placing an order for goods or accepting a Price Offer, does not have a concluded a Framework Contract or has not been unilaterally assigned a special credit (authorization) by the Seller for the purchase of goods offered by the Seller with the possibility to pay the purchase price at a later date after receiving the goods from the Seller

1.4. 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”).

1.5. All contractual relations between the Seller and the Purchaser arising under or in connection with the Purchase Contract shall be governed by these GTC. If the Seller and the Purchaser have entered into a written Framework Contract, the Framework Contract shall prevail over the provisions of the GTC, even if the Order (as defined below) or the Purchase Contract does not contain any reference to the Framework Contract. Legal relations between the Seller and the Purchaser not expressly regulated by the Framework Contract, any written contract or these GTC shall be governed by the law of the Slovak Republic, in particular the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended (hereinafter referred to as the “Commercial Code”), excluding the UN Convention on Contracts for the International Sale of Goods.

2. Ordering the Goods and Conclusion of the Purchase Contract

2.1. The Purchaser may order the Goods

      • a) 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”) and
      • b) The Purchaser, who has concluded a Framework Contract, in any other way specified in the Framework Contract, or
      • c) In any other way agreed between the Seller and the Purchaser (e.g. by telephone or orally)

(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, if it is a natural person – entrepreneur, or business name of the Purchaser if it is a legal entity; delivery and invoice address of the Purchaser; ID No. and VAT ID No. of the Purchaser (if it has been allocated to such person), 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. The Purchaser undertakes to inform the Seller immediately of any change in (i) the contact specified in the Order or (ii) if the Purchaser has submitted a written power of attorney and authorization to the Seller, of any change in the person authorized or commissioned and any change in his/her details. The Seller shall not be liable for any damage caused by the authorized or commissioned person who has been notified by the Purchaser, but was no longer an employee or other person authorized to act for the Purchaser at the time of acceptance of the delivery.

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 made by telephone or 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. Unless otherwise agreed between the Seller and the Purchaser, 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 in the event that, even though making every reasonable effort which may be fairly required, 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 concluded Purchase Contract 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. 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; however, the Purchaser shall not be entitled to withdraw from the Purchase Contract, the subject of which is the sale of goods made according to the Purchaser's special requirements, custom-made goods or goods intended specifically for the certain one Purchaser.

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. If the Seller is unable to perform its obligations under the Purchase Contract due to force majeure, the Purchaser shall not be entitled to claim damages against the Seller. The provisions of Articles 2.11 and 2.12 of these GTC shall be without prejudice.

2.14. The Seller undertakes to periodically inform about the current restrictions on the delivery of the Goods offered in the Online Shop, if such restrictions arise.

2.15. In the case of a sale campaign 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. The prices shown in the Online Shop after the Purchaser logs into the Customer Portal are the prices without VAT and constitute the Seller's price list. The Framework Contract may contain arrangements whereby the Seller and the Purchaser agree on different purchase prices.

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.

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 in 7 days from the date of receipt of the pro-forma invoice to the Purchaser,
      • e) Transfer to the Seller's account against the invoice issued within the time limit and according to the arrangements under the Framework Agreement concluded between the Seller and the Purchaser. Unless otherwise specified in the Framework Contract, the Purchaser shall pay the Purchase Price within 7 days from the date of delivery of the invoice to the Purchaser.

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 invoice for the Purchase Price and other costs and charges associated with the delivery of the Goods issued by the Seller, which will be sent to the Purchaser together with the Goods, shall also serve as a tax document and delivery note.

3.9. The Purchase Price pursuant to this Article 3.1 hereof does not include the cost of transportation of the purchased Goods. Information on the conditions of transport of the Goods is set out in Article 6 hereof. The Purchaser acknowledges and agrees that, in addition to the Purchase Price, the Purchaser shall be obliged to pay to the Seller the charges associated with the delivery of the purchased Goods as set out in Article 6 hereof.

3.10. Title to the Goods shall pass to the Purchaser upon acceptance of the Goods upon payment of the Purchase Price in full.

3.11. The risk of damage to the Goods shall pass to the Purchaser upon delivery of the Goods to the Purchaser in accordance with Article 6.1 hereof.

3.12. Unless the Purchaser pays the Purchase Price for the Goods and the Costs related to the delivery of the Goods to the Seller within the due period, the Seller shall be entitled to claim from the Purchaser a contractual penalty amounting to 0.05% of the sum due for each day of delay.

3.13. The Purchaser's delay to pay the Purchase Price, or any part thereof, or any fees associated with the delivery of the Goods in full by more than 30 calendar days shall constitute a material breach of the Purchase Contract. In such a case, the Seller shall be entitled, however not obliged, to withdraw from the Purchase Contract or 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 any performances already provided, i.e. the Purchaser shall be obliged to return to the Seller the delivered Goods. The Purchaser shall be obliged to compensate the Seller for the costs associated with the withdrawal from the Purchase Contract, without prejudice to the Seller's right to compensation for damages.

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 estimated 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 the Purchase Contract or the Framework Agreement state 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) and 3.6(e), the Delivery Period shall start only on the day following the day on which the Purchaser pays the Purchase Price including the fees connected with the delivery of the Goods in full, i.e. the moment of crediting the Purchase Price and the fees connected with the delivery of the Goods in full to the Seller's bank account, unless agreed otherwise in the Framework Agreement between the Seller and the Purchaser.

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 the alternative performance only subject to the Purchaser’s prior approval of such alternative performance. In such case, the Seller shall be obliged to deliver the agreed (replacement) Goods to the Purchaser.

4.5. 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 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 on an alternative date.

5. Packaging and returnables

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 of the Seller's representative assigned to the Purchaser 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 cash or by transfer to the Purchaser's account from which the Purchase Price was paid 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.

5.5. The Seller shall be entitled to surcharge the Purchaser in addition to the Purchase Price if the Seller has to deliver the ordered Goods in non-standard packaging to the Purchaser, provided that the Seller has informed the Purchaser in advance of the standard packaging of the Goods.

6. Terms of Delivery of the Goods

6.1. The Goods shall be considered to have been delivered at the moment when:

      • a) The Purchaser accepts the Goods at any of the Seller's points of sale;
      • b) The Seller hands over the Goods to the first carrier for delivery to the Purchaser.

6.2. 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 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.

6.3. Unless agreed otherwise, 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 final shipping fee will be quoted in the Order placed on the Customer Portal with a Framework Contract in place at the time of the Order placed by other means. The choice of a particular Carrier is at the sole discretion of the Seller.

6.4. 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 invoice, 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 invoice by mechanical means (e.g. by scanning the signature or signing via a signature pad or mobile data device).

6.5. 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 on site. Upon delivery of the ordered Goods by the Carrier, the Purchaser shall be obliged to take over the ordered Goods properly, check the integrity of the packaging, the number of packages and in case of any obvious defects notify the Carrier (with whom he/she shall draw up a defect report or other written document, which he/she shall subsequently sign) on the site, or notify the Seller thereof not later than in 24 hours of the receipt of the Goods. The Purchaser shall be obliged to file a claim for mechanical damage to the Goods that were not apparent upon receipt with the Seller not later than within 24 hours of receipt of the Goods. Later claims (unless made in accordance with the conditions set out in this Article 6.5) shall not be accepted. The Purchaser shall be obliged to confirm receipt of the Goods in the acceptance certificate or sales document (delivery note, invoice, shipment order), either by handwritten signature or signature replaced by mechanical means by means of a signature scan, signature pad or mobile data device.

6.6. 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, invoice, 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 (invoice).

6.7. 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) or the person specified in the power of attorney and authorization provided by the Purchaser to the Seller, 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 person specified in the Order or by the authorized and commissioned person, 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.

6.8. If the Purchaser fails to take over the ordered Goods in accordance with Articles 6.2 and 6.4 hereof, the Seller shall be entitled to sell the ordered Goods to a third party without any further notice. Should the Goods delivered under Article 6.2 be sold and the Purchaser has not yet paid the Purchase Price for them, the Purchaser shall be obliged to pay the Seller a contractual penalty in the amount corresponding to the value of the Goods ordered but not taken over. The Seller shall be entitled to claim from the Purchaser compensation for reasonable costs associated with the non-acceptance and sale of the ordered Goods to a third party. If the Goods sold have been delivered pursuant to Article 6.4 and the Purchaser has already paid the Purchase Price, the Seller shall be entitled to retain from the proceeds of the sale an amount corresponding to the reasonable costs associated with the non-acceptance and sale of the ordered Goods to a third party, while the Seller shall return the remainder of the proceeds to the Purchaser without any undue delay by crediting the Purchaser's bank account from which the Purchase Price has been paid.

7. Liability for defects

7.1. Unless otherwise stated in these GTC, the liability for defects in the Goods shall be governed by the Framework Agreement, otherwise by the relevant provisions of the Commercial Code.

7.2. 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).

7.3. The quality and completeness of the delivered Goods shall be verified according to the labels or individual packages of the Goods.

8. E-waste take-back

8.1. 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.

8.2. 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

8.3. 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.

9. Personal Data Protection

9.1. 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).

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

10.1. 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.

10.2. The Buyer shall undertake its best efforts to ensure that the purpose of Article 10.1 hereof is not frustrated by any third parties further down the commercial chain, including by possible resellers.

10.3. The Buyer shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including by possible resellers, that would frustrate the purpose of Article 10.1 hereof.

10.4. Any violation of Articles 10.1, 10.2, or 10.3 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 Articles 10.1, 10.2, or 10.3 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 10 hereof. The Seller's right to claim full compensation for damages remains unaffected.

10.5. The Buyer shall immediately inform the Seller about any problems in applying Articles 10.1, 10.2, or 10.3 hereof, including any relevant activities by third parties that could frustrate the purpose of Article 10.1 hereof. The Buyer shall make available to the Seller information concerning compliance with the obligations under Articles 10.1, 10.2, and 10.3 hereof within two weeks of the simple request of such information by the Seller.

11. Final Provisions

11.1. These GTC shall be in force, effect and binding from 01 April 2025, unless stated otherwise further in this Article 11.1 hereof. 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. If the Seller has concluded a Framework Agreement with the Purchaser, these GTC shall be in force, effect and binding for such Buyer from 01 July 2025. The Seller reserves the right to amend these GTC.

11.2. Before placing or sending an Order on the Customer Portal, the Purchaser shall be obliged to read and accept the wording of these GTC in force and effect in the moment of placing or sending the Order. By placing or sending the Order, the Purchaser undertakes to properly familiarize himself/herself with the information sent to him/her by the Seller after placing or sending the Order, if the Seller sends it to the Purchaser.

11.3. 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.

11.4. 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.