Terms of Service
Terms & Conditions
For the sale of goods via the website www.airwheel-eu.com (hereinafter as the Internet store)
(Hereinafter only as the "Terms")
The operator of this Internet store is the company:
Biokamin EU s.r.o.
Panónska cesta 34, 851 04 Bratislava
Company registration number: 44 507 445
VAT number: SK2022730270
registered in the Commercial register of the District Court Bratislava I., section. Sro, file no. 55614/B
Tel: 00421 905 619 808
(Hereinafter as the “Seller“)
1. Introductory provisions
1.1 These conditions govern the rights and obligations between the Seller and either natural or legal person who purchases goods through the Seller’s Internet store. (hereinafter as The “Buyer“)
1.2 Rights and obligations herein not covered shall be governed by the provisions of the Slovak Commercial Code, no. 513/1991, as further amended
2. Formation of Contract
2.1 The Buyer, via the graphical user interface of the Seller’s store, chooses his desired goods, and after their addition into the shopping cart, the completion of the registration information, forms an order, which the Buyer sends to the Seller . If for technical or other reasons the graphical user interface of the store does not work properly for the Buyer, he can send his order electronically as an ordinary e-mail to email@example.com, with the exact specification of the goods, quantity, and his contact information.
2.2 Any Order of the Buyer recieved by the Seller is considered as an offer for contract.
2.3 The Buyer is entitled to cancel, amend or supplement his order up to 24 hours after he has sent the order. In the case of any change, ammendment or supplement in the order the buyer is required to communicate this change, ammendment or supplement to the seller by telephone and afterwards send a protocol electronically via e-mail to the email address: firstname.lastname@example.org
2.4 The Buyer by sending an order to the Seller provides consent to the processing of personal data for the purpose of fulfilling the rights and obligations under the contract and for the purpose providing information about the Sellers products and services to the Buyer.
2.5 The Seller shall promptly, upon receipt of an order from the Buyer, send a confirmation of the receipt to the Buyer.
2.6 The confirmation of receipt may be sent to the Buyer electronically, by mail, fax or telephone, where the choice is at the discretion of the Seller. Any telephone communication where the Seller notifies the Buyer that he has received an order shall be considered as a confirmation of receipt.
2.7 After sending a confirmation of receipt, the contract between the Buyer and Seller shall be considered as formed.
2.8 If any part of the Buyer’s order is incorrect or incomplete, the Seller shall contact the Buyer to make a correction or amendment. After the Buyer provides a correction to the order, a confirmation of receipt shall be sent to the Buyer by the Seller.
2.9 If the Buyer does not provide a correction to an incomplete or incorrect order within 7 days of the Seller’s contact to the Buyer, the order will be deemed irrelevant, and shall not be processed.
2.10 If the Seller is unable to deliver the goods to the Buyer based on the order, he is obliged to notify the Buyer promptly of this fact.
2.11 The Seller has the right to refuse orders from Buyers who have not fulfilled past obligations towards the Seller.
2.12 If the buyer when purchasing applicable registration number, the relationship of the seller governed by the Commercial Code.
3. Purchase Price
3.1 The Parties agree that the Buyer purchases the goods from the Seller at the price published on the Seller‘s store and on the Buyer‘s order at the time of the dispatch of the order to the Seller.
3.2 If the Buyer does not pick up the ordered goods at the corporate domicile of the Seller, the Buyer is obliged to pay the cost for the transport of goods in addition to the purchase price.
3.3 Transport option, as well as transport prices are shown on the Seller’s internet store, in the cart section during the formation of the order. If the transportation price is not shown, the Seller shall calculate it for the Buyer, upon his request.
3.4 If the Buyer sends an order, where the transportation option states “The transportation price shall be calculated later”, the Seller shall promptly send a calculation of the transport price based on the Buyer’s order. The Buyer has 7 days to express his consent on the transportation price.
3.4.1 If the Buyer does not express his consent on the transportation price, or refrains from reacting, the order will be deemed irrelevant, and shall not be processed.
3.5 There are 3 Transportation options provided to the Buyer, which are linked to the purchase price and the transportation price, namely: Self pick-up, Cash on delivery, or prepaid delivery.
3.5.1 If the Buyer chooses Self pick-up as his transportation option, he is obliged to pay the purchase price after he picks up the goods at the corporate domicile of the Seller.
3.5.2 If the Buyer chooses Cash on delivery as his transportation option, he is obliged to pay the purchase price along with the transportation price directly to the Courier at the time of delivery of the goods.
3.5.3 If the Buyer chooses prepaid delivery as his transportation option, he is obliged to pay the purchase price and the transportation price upon the request of the Seller, but no later than the expected date of dispatch, otherwise the good shall not be delivered, and the Buyer shall be deemed default.
126.96.36.199 In connection to payment in advance, the Buyer is able to pay via Paypal, credit card or through Cardpay.
188.8.131.52.1 The Cardpay services are operated via a virtual POS terminal of the Tatrabank, and enable the Buyer to pay with these credit cards: VISA, VISA ELECTRION, MasterCard, Maestro and Diners Club International®.
184.108.40.206.2 The Buyer can pay the purchase price using Cardpay services via a virtual terminal of the Tatra Bank, immediately after sending his order in the Seller’s internet store, or later via a link which is located in the order information available in the Buyer’s account at the Internet store. He must pay this price no later than the expected date of dispatch, otherwise the goods will not be dispatched, and the Buyer shall be deemed default.
3.6 The Buyer is obliged to pay the purchase price and transportation price in a timely and orderly manner. The Buyer’s obligation to pay the purchase price and transportation price is complete with the registration of the payment by the Seller, either by the crediting of funds to the Seller’s bank account, or in cash. If the Buyer is default with fulfilling his financial obligations towards the Seller under the contract, the Seller is entitled to demand the payment of costs associated with the Buyer’s default and a contractual penalty of 0,05% of the purchase price for everyday the Buyer is default.
3.7 The Seller applies the reservation of the title to goods in accordance with §445 of the Slovak Commercial Code, with the reservation that the Buyer gains title rights to the goods only after completely fulfilling his financial obligation to pay the whole purchase price.
3.8 The Bill, which also serves as a delivery note, shall be delivered to the Buyer along with the object of the contract.
4. Delivery of goods
4.1 The Seller agrees to deliver goods to the Buyer within the term, stated next to each individual good shown in the Internet store. The delivery period commences, the day following the day in which the Seller sends a confirmation of receipt.
4.2 In case the delivery of goods was agreed as “self pick-up”, it is the Buyer’s obligation to agree on a date and time with the Seller, when the Buyer will come pick up the goods.
4.3 Risk of damage to the goods passes on to the buyer, the moment the Seller hands over the goods to the Courier for transportation to the Buyer’s selected destination in the order.
4.4 The Buyer is obliged to take the goods in a timely and properly manner. During the acceptance of the goods, the Buyer is obliged to check on the integrity of the container, tape or seal and packaging of the goods, and in the case of any damages he is to notify the courier immediately. He is also obliged to check, whether the contents of the package correspond in number and nature to his order, and whether the goods are defected. In the case that the goods do not correspond to the order, or where the goods are obviously defected, the buyer is obliged to note this fact in writing on the delivery note.
4.5 In the event of a failure of the Buyer to receive the goods, the Buyer is in default and, the Seller is entitled to demand the payment of costs associated with the Buyer’s tardiness and a contractual penalty of 0,05% of the purchase price for everyday the Buyer is default.
5. Warranty, defects, Returns
5.1 If damage or partial defect of the goods is not apparent during the acceptance of the goods, the buyer is obliged to notify of any damage to the goods and its origin as soon as possible, but no longer than 7 days from the date of receipt from the Seller. The Seller shall ensure the writing of a protocol with a representative of the Courier. Upon receipt of this product, the Seller shall decide on how to deal with the defect of the good, and shall inform the Buyer of his decision.
5.2 The Seller warrants the goods for a period of twenty-four (24) months. The warranty period begins the day the buyer receives the goods. In case of any claims by the Buyer as to defects of the goods, and the delivery of these claimed defected goods to the Seller, the warranty period is suspended from the moment of receipt of the goods, until the moment the Seller notifies the Buyer of the result of any of the Buyer’s claims.
5.3 The Warranty does not cover defects in the goods caused by use contrary to the purpose of use or contrary to the instructions provided in the instruction manual. The warranty also does not apply to mechanical damage, exposure to dangerous thermal or electromagnetic radiations, or any mechanical and any other unauthorized interference into the goods.
5.4 For goods sold at a lower price because of a specific defect, the warranty period is twenty-four (24) months, where in addition to 5.3 of these terms, the warranty does not cover the defect, for which the goods were sold at a lower price. The defect must be mentioned in the purchase agreement.
5.5 In the event of any defects to the goods during the Warranty period, the Buyer is entitled to claim these defects in the corporate domicile of the Seller. When applying claims of liability for defects, the Buyer is required to provide proof of purchase of goods, warranty note and a written record of the substance of the defects of the goods. The buyer is obliged to return the goods together with all provided accessories.
5.6 The Seller shall remove the defects without delay, at latest within 30 days. Instead of removing defects, the Seller is entitled to replace defective goods. In case of a defect which does not restrain the Buyer from using the goods, and which cannot be removed, the Buyer is entitled to a discount on the purchase price of the goods.
5.7 In the event the repair of defected goods or an exchange for identical goods is not possible, the Seller is entitled to cancel the purchase agreement by giving the Buyer store credit equal to the current price of the goods at the date of the claim. The current price of the goods includes the price of identical goods on the day of the claim, or the price of goods of comparable technical parameters as the claimed goods. The Seller is entitled to select goods of comparable technical parameters to the claimed goods, and it is not possible to appeal against this choice.
5.8 If the Seller is unable to repair defects on goods claimed during the Warranty period within 30 days, the goods are considered beyond repair, and the Buyer is entitled to exchange the goods for new identical goods or to store credit according to 5.7 of these terms.
5.9 In the case of an exchange of goods for new goods, a new warranty period begins from the date of delivery to the Buyer. A new warranty note shall be issued and delivered along with the new goods.
5.10 If the Seller finds that the goods are not defective, or do not qualify for a warranty claim, the claim is considered unlawful, and the claimed product will be returned to the buyer.
5.10.1 If a claim was rejected, and this claim was applied within the first 12 months of warranty, at the expense of the Seller, the Buyer shall be provided with a technical expertise relating to the defected goods.
5.10.2 If a claim was rejected, and this claim was applied after the first 12 months of warranty, the documentation regarding the rejection of the claim shall indicate a person to whom the goods may be sent for technical expertise. Any costs related to this technical expertise shall be payed by the Seller, when the Buyer demonstrates proof of this technical expertise.
6. Termination of Contract
6.1 The Buyer is entitled to terminate the contract within 14 days from the date of delivery. If the buyer ordered goods specially manufactured to the specifications and instructions of the Buyer, he is not entitled to terminate the contract.
6.2 If the Buyer terminates the contract, he is obliged to deliver the goods undamaged, complete, in unused condition, and in original sealed packaging at his own expense to the corporate domicile of the Seller. He must also submit a cover letter to the Seller, about the termination of contract, signed by the Buyer.
6.3 After the Seller completes a check of the goods, he shall return the purchase price for the goods specified in the order to the Buyer, no later than 15 days from the day of receipt of the goods.
4.6 The seller is entitled not to deliver goods and withdraw from the contract if the goods are sold out in the meantime.
7. Final Provisions
7.1 These Terms become effective the day of their publication on the Internet store of the Seller.
7.2 This treaty relationship is governed by the current Slovak Law and follows relevant provisions of the Slovak Commercial Code.
7.3 The Seller is not responsible for any lost profits, loss of opportunities or other indirect or consequential losses of the Buyer, by failing to process/execute a Buyer’s order, or any other arising losses.
7.4 The Seller reserves the right to modify these Terms and at his will change, cancel and/or modify all or any part of these Terms without further notice, and orders will be subject to the Terms published at the time of the Buyer’s order.
7.5 In case of any doubts, the Slovak translation of these terms shall have priority.