General terms

GENERAL TERMS AND CONDITIONS

 

1. General provisions
   • These general terms and conditions (hereinafter referred to as the “General Terms”) are issued by the company:

CRYPTO ASSET MC s.r.o.

with registered address:

Wiliama Schiffera 8900/3

Trnava 917 08

Slovak Republic

Business ID: 53230663

Tax ID: SK2121337647

registered in the Commercial Register of the Trnava District Court, Section T, Insert no. 47343 

Contact:

E-mail: cryptoassecmc@cryptoassecmc.com

Phone: +421 917 260 318

www.cryptoassecmc.com

(hereinafter referred to as the „Seller“).     

• These General Terms regulate the mutual rights and obligations between Seller and the natural person, legal entity or other entity that conclude the purchase contract (hereinafter referred to as the „Buyer“) through the website cryptoassecmc.com (hereinafter referred to as the „Internet Store“).
• Legal relations between Seller and Buyer established by the purchase contract are governed by these General Terms and the following legal regulations:
  1. the relevant provisions of Act no. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the „Civil Code“),
  2. Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the „Consumer Protection Act“),
  3. Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the seller’s premises and on the amendment of certain laws (hereinafter referred to as the „Distance Consumer Protection Act“),
  4. other valid and effective legal regulations of the Slovak Republic.
• These General Terms of Seller and their individual provisions are an integral part of the purchase contract concluded between Seller and Buyer. Different arrangements in a separately agreed purchase contract take precedence over the provisions of these General Terms.
• These General Terms and the purchase contract are concluded in Slovak language.

2.       Information about goods and prices

• Information about the goods, including the prices of individual goods and their main properties are given for individual goods in the Internet Store catalogue. The prices of the goods are stated including value added tax (hereinafter referred to as „VAT”), all related fees and costs for returning the goods, if the goods cannot, by their nature, be returned by post. The prices of the goods remain valid for as long as they are displayed in the Internet Store.
• All presentations of goods placed in the catalogue of the Internet Store are of an informative nature and Seller is not obliged to enter into a purchase contract regarding these goods.
• Information on the costs associated with the packaging and delivery of goods is published in the Internet Store. Information on costs associated with the packaging and delivery of goods listed in the Internet Store is valid only if the goods are delivered within the territory of the Slovak Republic.
• Any discounts on the purchase price of the goods may not be combined with each other, unless otherwise agreed between Seller and Buyer.

 

3. Order and conclusion of the purchase contract
   • Buyer acknowledges herein that all costs incurred by Buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (i.e. costs of internet connection, costs of telephone calls) shall be borne by Buyer himself. These costs do not differ from the base rate.
   • Buyer orders the goods in the following ways:

1. through your customer account, after prior registration in the Internet Store,
2. by filling in the order form without registration.

• When placing an order, Buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
• Before sending the order, Buyer has an option to check and change the data Buyer has entered in the order. Buyer will send the order to Seller by clicking on the Send order with the obligation to pay button. The data stated in the order are considered correct by Seller. Buyer undertakes to provide true, complete and current data in the order. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation from Buyer that he has read and acknowledge these General Terms.
• Immediately after receiving the order, Seller will send Buyer a confirmation of receipt of the order to the e-mail address specified by Buyer in the order. This confirmation is automatic and is not considered a contract. Attached to the confirmation are the current General Terms of Seller. The purchase contract is concluded only after the order is accepted by Seller. Notice of receipt of the order is delivered to Buyer’s e-mail address. Immediately after receiving the order, Seller will send Buyer a confirmation of receipt of the order to the e-mail address specified by Buyer in the order. This confirmation is considered as the conclusion of the contract. Attached to the confirmation are the current General Terms of Seller. The purchase contract is concluded by confirming the order by Seller to the e-mail address of Buyer.
• In case that any of the requirements specified in the order cannot be met by Seller, it shall send Buyer an amended offer to his Buyer’s e-mail address (hereinafter referred to as the „New Offer“). New Offer is considered a new draft of the purchase contract and in this case, the purchase contract is concluded by Buyer’s confirmation of acceptance of this offer to Seller to his e-mail address specified in these General Terms.
• All orders accepted by Seller are binding. Buyer may cancel the order until Buyer has received notification of receipt of the order by Seller. Buyer may cancel the order by telephone to the contact telephone number or contact e-mail of Seller specified in Article 1.1 of these General Terms.
• In case, an obvious technical error on Seller’s side in connection to stating the price of the goods in Internet Store or during the ordering, Seller is not obliged to deliver the goods to Buyer for this obviously incorrect price, even if to Buyer was sent an automatic confirmation of receiving an order according to these General Terms. Seller informs Buyer about the error without undue delay and sends New Offer to Buyer’s e-mail address. New Offer is considered a new draft of the purchase contract and in this case the purchase contract is concluded by a confirmation of acceptance by Buyer to the e-mail address of Seller.

 

4. Customer Account
   • Based on the Buyer’s registration made in Internet Store, Buyer may access his customer account. Buyer can order goods from his customer account. Buyer can also order goods without registration.
   • During the registration into the customer account and ordering goods, Buyer is obliged to provide true, complete and current data. Buyer is obliged to update the data specified in the customer account in the event of any change. The data provided by Buyer in the customer account and during the ordering the goods are considered correct by Seller.
   • Access to the customer account is secured by a username and password. Buyer is obliged to maintain confidentiality regarding the information needed to access his customer account. Seller is not responsible for any misuse of the customer account by any third party.
   • Seller may cancel the customer account, especially in the event that Buyer does not use his customer account for a longer period of time, as well as in the event that Buyer breaches his obligations under the purchase contract or these General Terms.
   • Buyer acknowledges herein that the customer account may not be available at all times, especially with regard to the necessary maintenance of hardware and software equipment of Seller, or the necessary maintenance of hardware and software equipment of third parties.
5. Payment Terms
   • Buyer is obliged to pay to Seller the purchase price for the goods according to the purchase contract concluded between Buyer and Seller.
   • The price of the goods and any costs associated with the delivery of goods under the purchase contract, Buyer may pay in the following ways:

1. cashless payment by transfer to the stated bank account of Seller,
2. cashless payment by card,
3. cashless payment by transfer to Seller’s account through the SLSP GP web pay payment gateway.

• Together with the purchase price, Buyer is obliged to reimburse Seller for the costs associated with the packing and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of goods.
• In case of cashless payment according to the Article 5.2 points A and B hereabove, the due date of the purchase price are 3 (three) days from concluding the purchase contract.
• In case of cashless payment according to the Article 5.2-point C hereabove, Buyer shall proceed according to the instructions of the relevant electronic payment provider.
• In case of cashless payment, Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the bank account of Seller.
• Payment of the purchase price before sending the goods is not a deposit.
• Pursuant to the Act on the registration of sales, Seller is obliged to issue a receipt to Buyer. At the same time, Seller is obliged to register the received revenue with the tax administrator online, in the event of a technical failure within 48 (forty-eight) hours at the latest.

 

6. Delivery of Goods
   • The goods are delivered to Buyer:

1. to the address specified by Buyer in the order,
2. personal collection at the Seller’s premises.

• The choice of delivery method is made by Buyer during the ordering of goods.
• The costs of delivery of the goods, depending on the method of sending and taking over the goods, are specified in Buyer’s order and in the order confirmation by Seller. If the mode of transport is agreed on the basis of a special request of Buyer, Buyer bears the risk and any additional costs associated with this mode of transport.
• If Seller is obliged under the purchase contract to deliver the goods to the place specified by Buyer, Buyer is obliged to take over the goods upon delivery. In the event that for reasons on the Buyer’s side i tis necessary to deliver the goods repeatedly or in another way than stated in the order, Buyer is obliged to pay the costs associated with the repeated delivery of the goods or costs associated with other methods of delivery.
• Upon receipt of the goods from the carrier, Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized entry into the consignment, Buyer has the right to refuse to accept such a shipment from the carrier.
• Seller shall issue a tax document to Buyer (hereinafter referred to as the „Invoice“). Invoice is sent to Buyer’s e-mail address and/or Invoice is attached to the delivered goods.
• Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Responsibility for accidental damage, damage or loss of the goods passes to Buyer at the time of receipt of the goods or the moment when Buyer was obliged to take over the goods but did not do so in violation of the purchase contract.

 

7. Withdrawal
   • Buyer who has concluded the purchase contract outside his business activity, i.e., as a consumer, has the right to withdraw from the purchase contract.
   • If the purchase contract is concluded at a distance (via Internet Store) or outside the Seller’s premises, and at the same time if Seller provided Buyer in a timely and proper manner information on the right to withdraw from the purchase contract, conditions, period and procedure for executing the right to withdraw from the purchase contract together with withdrawal form (in accordance with the provisions of § 3 paragraph 1 letter h) of the Act on consumer protection in distance selling) and at the same time fulfilling the facts required by law, Buyer has the right under the Act on consumer protection in distance selling giving the reason and withdraw from the purchase contract without any penalty.
   • The period for withdrawal from the purchase contract is 14 (fourteen) days:

1. from the moment of taking over the goods which were delivered last, if the subject of the purchase contract is the ordered goods which are delivered separately.
2. from the moment of taking over the last part or the last piece, if the subject of the purchase contract is several types of goods or in case of the delivery of several parts.
3. from the moment of taking over the first delivered goods, if the subject of the purchase contract is goods which are delivered during a defined period.

• Buyer acknowledges herein that in accordance with the provisions of § 7 paragraph 6 of the Act on consumer protection in distance selling may not, inter alia, withdraw from the purchase contract:

1. service’ providing, if its providing began with the express consent of Buyer as a consumer and the consumer stated that he was duly informed that by expressing this consent he loses the right to withdraw from the purchase contract after full provision of the service, and if in case of fulfilment of the service’ providing,
2. sale of goods or service ‘providing, the price of which depends on the movement of prices on the financial market, which Seller cannot influence, and which may occur during the term of withdrawal from the purchase contract,
3. sale of goods made to the consumer’s specific requirements, custom-made goods or goods intended specifically for one consumer,
4. sale of goods which is the subject of rapid deterioration or deterioration as such,
5. sale of goods enclosed in protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery,
6. sale of goods which, by reason of their nature, may, after delivery, be inseparably mixed with other goods,
7. sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the purchase contract, and their delivery may take place no earlier than 30,
8. days and their price depend on market price movements over which Seller cannot influence,
9. performing urgent repairs or maintenance, which the consumer has explicitly requested Seller; this does not apply to service contracts and contracts for sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the Seller’s visit to the consumer and the consumer did not order these services or goods in advance,
10. sale of phonograms, video recordings, phonograms, books or computer software sold in protective packaging if the consumer has unpacked that packaging,
11. sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,
12. providing of accommodation services other than accommodation, transport of goods, car rental, providing of catering services or providing of services related to leisure activities and according to which Seller undertakes to provide these services at the agreed time or within the agreed time,

• providing of electronic content other than on a tangible medium, if its providing began with the express consent of the consumer and the consumer has stated that he has been duly informed that by expressing this consent he loses the right to withdraw from the purchase contract.
• In order to comply with the deadline for withdrawal from the purchase contract, Buyer must send any unambiguous statement expressing his will to withdraw from the purchase contract within the period specified in Article 7.3 of these General Terms.
• To withdraw from the purchase contract, Buyer may use the sample form for withdrawal from the purchase contract provided by Seller. Withdrawal from the purchase contract will be sent by Buyer to the e-mail or delivery address of Seller specified in these General Terms. Seller will confirm to Buyer the receipt of the form without delay.
• Buyer who has withdrawn from the purchase contract is obliged to return the goods to Seller within 14 (fourteen) days of withdrawal from the purchase contract to Seller. Buyer bears the cost of returning the goods to Seller, even if the goods cannot be returned by post due to their nature.
• If Buyer withdraws from the purchase contract, Seller shall return to him immediately, but not later than within 14 (fourteen) days of withdrawal from the purchase contract, all funds, including delivery costs, which he has received from him, in the same manner. Seller will return the received funds to Buyer in another way only if Buyer agrees and if he does not incur additional fees.
• If Buyer has chosen another than the cheapest method of delivery of goods offered by Seller, Seller shall reimburse Buyer for the costs of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
• If Buyer withdraws from the purchase contract, Seller is not obliged to return the received funds to Buyer before Buyer hands over the goods or proves that he has sent the goods to Seller.
• The goods must be returned by Buyer to Seller undamaged, not worn and uncontaminated and, if possible, in the original packaging. Seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the Buyer’s right to a refund of the purchase price.
• Seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. Seller shall immediately inform Buyer via e-mail address specified in the order and return within 14 (fourteen) days of the notice of withdrawal from the purchase contract all funds, including delivery costs received from him under the purchase contract, in the same way or in the manner specified by Buyer.

 

8. Seller’s liability and Complaints
   • Seller is responsible to Buyer that the goods are free of defects upon receipt. In particular, Seller is liable to Buyer that at the time Buyer took over the goods:

1. the goods have the characteristics agreed upon by the parties,
2. the goods have the characteristics described by Seller or the manufacturer or which Buyer expected due to the nature of the goods,
3. the goods are suitable for the purpose stated by Seller for their use or for which goods of the same type are commonly used,
4. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
5. the goods are in the appropriate quantity, measure or weight, and
6. the goods comply with the requirements of legal regulations.

• Obligations arising from incorrect performance Seller shall have at least the extent to which the obligations arising from incorrect performance by the manufacturer persist. Buyer is otherwise entitled to execute the right from a defect that occurs in the consumer goods within 24 (twenty-four) months from receipt.
• If the period of time during which the goods can be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. As a guarantee of quality, Seller undertakes that the goods will be fit for use for the usual purpose for certain period of time or that they will retain their usual properties. If Buyer has rightly blamed Seller for a defect in the goods, there is no period for executing the rights arising from the defective performance or a warranty period for the period during which Buyer cannot use the defective goods.
• The provisions stated in the previous article of these General Terms shall not apply in the case of:

1. goods sold at a lower price due to a defect for which a lower price was agreed,
2. wear and tear of the goods caused by their normal use,
3. used goods for a defect corresponding to the degree of use, or
4. wear and tear that the goods had when taken over by Buyer, or i fit follows from the nature of the goods.

The right of erroneous performance does not belong to Buyer, in case that Buyer knew before taking over the goods that the goods have a defect, or if Buyer himself caused the defect.

• In case of defect, Buyer may claim such goods and request:

1. exchange for new goods,
2. repair of goods,
3. reasonable discount from the purchase price,
4. withdraw from the purchase contract.

• Buyer has the right to withdraw from the purchase contract:

1. if the goods have substantial defect,
2. if Buyer cannot use the thing properly due to the recurrence of the defect or defects after repair,
3. in case of a larger number of defects of the goods.

• A breach of the purchase contract is substantial of which the party in breach of the contract already knew or must have known at the time of concluding the contract that the other party would not have entered into the contract i fit had foreseen such breach.
• In the event of a defect that means a minor breach of the purchase contract (regardless of whether the defect is remediable or irremediable), Buyer is entitled to eliminate the defect or a reasonable discount on the purchase price.
• In case of a remediable defect has occurred repeatedly after repair (usually a third claim for the same defect or a fourth for different defects) or the goods have a large number of errors (usually at least three errors at the same time), Buyer has the right to claim a discount on the purchase price or withdraw from the purchase contract.
• When making a complaint, Buyer shall inform Seller about the right he has chosen. A change of choice without the consent of Seller is possible only if Buyer has requested the correction of a defect that proves to be irreparable. If Buyer does not choose his right from a material breach of the purchase contract in time, he has the same rights as in the case of a minor breach of contract.
• If it is not possible to repair or exchange the goods, upon withdrawal from the purchase contract, Buyer may demand a full refund of the purchase price.
• If Seller proves that Buyer knew about the error of the goods before taking over or caused it himself, Seller is not obliged to satisfy the Buyer’s claim.
• Buyer cannot claim discounted goods for the reason for which the goods are discounted.
• Seller is obliged to accept the complaint in any operation in which i tis possible to accept the complaint, or in the registered office or place of business. Seller is obliged to issue to Buyer a written confirmation of when Buyer exercised the right, what is the content of the complaint and what method of handling the complaint Buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification on rejection of the complaint.
• Seller or Seller ‘s authorized employee will decide on the complaint immediately, in complex cases within 3 (three) business days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be resolved immediately, no later than 30 (thirty) days from the date of the complaint, unless Seller and Buyer agree on a longer period. The expiration of this period in vain is considered a material breach of the purchase contract and Buyer has the right to withdraw from the contract. The moment of applying a complaint is considered to be the moment when the will of the Buyer’s will (exercise of the right from incorrect performance) occurs to Seller.
• Seller informs Buyer about the result of the complaint in writing.
• The right of incorrect performance does not belong to Buyer if Buyer knew before taking over the thing that the thing has a defect, or if Buyer caused the defect himself.
• In case of a justified complaint, Buyer has the right to reimbursement of purposefully incurred costs in the connection with the complaint. Buyer may execute this right against Seller within 1 (one) month after the expiration of the warranty period, otherwise the court does not have to grant it.
• Buyer has the choice of the method of complaint.

 

9. Personal Data
   • All information You provide to us is confidential and will be treated as such. If You do not give us written consent, we will not use your data other than for the purpose of performance under the purchase contract, except for the e-mail address to which You may be sent commercial notices, as this procedure is permitted by law, unless You refuse. These notifications may only concern similar or related goods and may be unsubscribed at any time in a simple manner (by sending a letter, e-mail or by clicking on a link in the commercial notification). The e-mail address will be kept for this purpose for a period of 3 (three) years from the conclusion of the last contract between the parties.
   • For more information on personal data protection, please find Privacy Policy herein [insert hyperlink].

 

10. Miscellaneous
    • The parties may deliver all written correspondence to each other by e-mail. Buyer delivers correspondence to Seller to the contact e-mail address specified in these General Terms. Seller delivers correspondence to Buyer to the e-mail address specified in his customer account or in the order.
    • Regarding to the alternate consumer dispute resolution arising from the purchase contract is responsible the Slovak Trade Inspection Authority („Slovenská obchodná inšpekcia“), with its registered office at P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, website: https://www.soi.sk/sk The platform concerns to on-line dispute resolution via website http://ec.europa.eu/consumers/odr can be used to resolve disputes between Seller and Buyer arising from the purchase contract. European Consumer Centre Slovak Republic, with its registered office at Mlynské nivy 44/A 827 15, Bratislava 212 Slovak Republic, website: http://www.evropskyspotrebitel.sk is a contact point pursuant to Regulation (EU) No. 524/2013 of 21 May 2013 on online consumer dispute resolution and complements Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (hereinafter the “Online Consumer Dispute Resolution Regulation”).
    • All agreements between Seller and Buyer are governed by the laws of the Slovak Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer’s rights under generally binding legislation.
    • Seller is not bound by any codes of conduct in relation to Buyer in accordance with the provision of § 3 paragraph 1 letter n) of the Act on consumer protection in distance selling.
    • Seller reserves all rights to the Seller’s website, in particular the copyright to the content, including the layout of the website, photos, films, graphics, trademarks, logos and other content and elements. It is not allowed to copy, modify or otherwise use the website or any part thereof without the prior express and written consent of Seller.
    • Seller is not liable for errors caused by third party interventions in Internet Store or as a result of its use contrary to its purpose. At the time of using Internet Store, Buyer may not use procedures that could adversely affect its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up Internet Store and use Internet Store, or its parts or software in a way that would be in contrary to its purpose.
    • The purchase contract, including the relevant General Terms, is archived by Seller.
    • Seller reserves the right to change or amendment these General Terms. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of these General Terms.
    • A sample of withdrawal form is attached to these General Terms.
    • These General Terms are valid and effective on January 1, 2021. Any changes and amendments to these General Terms will be valid on the day of their publication on the Seller’s website.