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General terms and conditions

1. GENERAL PROVISIONS

It is in the interest of every customer to be thoroughly acquainted with these terms and conditions.

1.1 Definition of terms (Basic data)

Seller:

ARATRON TECHNOLOGIES s.r.o.
Tajná 115, 95201 Slovakia
Company Registration Number: 50132156
VAT number: 2120196727


Operation of e-commerce vendor -  www.pixelpois.com , www.apixeltoys.com

Postal Address:     Tajná 115 Vráble 95201 Slovakia
Opening hours:     Mon.- Fri. 10:00 hr - 18:00 hr
Tel.:                +421 915 058 935
E-mail:             info@apixeltoys.com

Number of bank account for non-cash payments: 2943012647/1100 Tatrabanka a.s.
Swift code :  TATRSKBX
Iban :  SK9511000000002943012647

ID Company: 50132156

VAT No. : 2120196727

Buyer:
Natural or legal person who entered into business relation with the company A Technologies by conclusion of a contract of which the object is purchase of goods on the website of seller´s e-commerce.  

Buyer - Consumer:
Natural person who does not act under the terms of its business or other entrepreneurship during concluding a contract and performance of the contract and goods or provided service does not serve for employment, profession or business.

Goods  
Goods or services, which are offered according to exposed patterns placed on websites of e-commerce vendor.

1.2 Generel provisions
- The contracting parties agreed that buyer agrees with these general terms and conditions and provisions related to sale contract which was concluded on website of e-commerce vendor (hereinafter referred to as "sale contract“) and to all relations between seller and buyer, established mainly when concluding sale contract and complaint of goods by sending an order to seller.
- General terms and conditions are inseparable part of the sale contract. In case that seller and buyer conclude a written sale contract in which they agree on different conditions from these general terms and conditions, provisions of sale contract will be preferred from these general terms and conditions.
- List of priducts on any internet website of electronic trade, which is operated by seller is a catalogue of common supplied goods and seller does not guarantee immediate availability of all stated goods. Availability of goods will be confirmed for buyer – specified on the basis of written or telephone announcement applied by buyer.

- Seller is committed to buyer by his offer of goods which is presented on seller´s website including price during the period of 24 hours from sending an announcement about acceptance of order to buyer.


2. ORDER AND MANNER OF CONCLUDING A SALE CONTRACT

Buyer orders products and services of seller via completed and sent form on the website
2.1 Required information for ordering
Order of a legal person – company:
-    title of the company
-    company address (registred in Business Register)
-    CRN (Company Registration Number) and ID VAT if registred as a payer of VAT and operates a business acitivity  
-    name and surname of person who is responsible for order
-    designation of product/s (according to information on website of electronic trade)
-    amount
-    telephone or an e-amil of buyer  
-    buyer´s fax (bacause of proformainvoice)
-    chosen way of payment and delivery service
-    adress where the goods will be delivered
Order of a natural person – private person:
-    buyer´s name and surname
-    code and the title of product/s, designation of product/s (according to information on website of electronic trade)
-    amount
-    telephone or an e-amil of buyer  
-    chosen way of payment and delivery service
-    adress where the goods will be delivered

2.2 Manner of concluding a sale contract
The sale contract comes into force by binding acceptance of  buyer´s order by seller. Seller accepts an order with commitment by telephone or e-mail confirmation to buyer about acceptance of order after previous order acceptance by seller and after verification of accessibility and date of product delivery.
Automatically generated e-mail about the order to the seller´s system is not considered as a binding acceptance of the order.
Binding acceptance of the order concists of identification of buyer, identification of seller, unique number of the order, date and time the of order acceptance to seller´s system, title, amount and price of ordered goods, type of delivery service and its price, total price of the order and information about the period of goods delivery.

Seller processes accepted orders in sequence as they come.


3. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

3.1 Basic rights and obligations of seller.

Seller:

- is obliged to supply goods on the basis of obligatorily accepted order to buyer in agreed quantity, quality and date and package or arrange it on transport in such way that goods will be to preserved and protected.

- is obliged to ensure that supplied goods meet the valid legal regulations of SR.

- is obliged to hand in all written or electronic documents together with the goods to buyer. These documents are necessary for receipt and usage of goods and other documents prescribed by valid legal regulations (instructions in Slovak language, warranty card, delivery note, tax document).

- has right to regularly and on-time payments of purchase price for supplied goods from buyer.

3.2 Basic rights and obligations of buyer

Buyer:

- is obliged to accept the purchased or ordered goods.

- is obliged to pay seller pre-arranged purchase price in agreed period for payment including costs for delivery service.

- is obliged to confirm acceptance of delivery of goods by his signature or by signature of person who he authorised to accept delivery in delivery or shipping note.

- has right for delivered goods in amount, quality, time and place which were agreed by contracting parties in binding acceptance of order.

3.3 The rights and obligations in case of cancellation of order and modification of sale contract

- Buyer has the right to unilaterally cancel the order, only in case, that binding acceptance of order was not announced and/ or delivered to him, and so the sale contract did not come into force. Order can be cancelled by telephone or by written form (fax, e-mail or post). Confirmation of cancellation is announced telephonically to buyer by seller or by written form (fax, e-mail or post).

-Buyer has the right to bring the seller a proposal to amend or cancel the order also in case if the sale contract came into force by acceptance from seller, but only in case that the subject of the sale contract was not invoiced or dispatched by seller. It is possible to make a modification of order by telephone or by written form (fax, e-mail or post). In case that the sale contract entered into force, approval or rejection for modification or cancellation of order will be announced to buyer by written form (fax, e-mail or post) or telephonically.

- Buyer has the right to unilaterally cancel the order, also if it was obligatorily  accepted by seller, in case of non-delivery of ordered goods in time period of 14 days from the period stated in binding acceptance of order. In case that buyer paid part of sum or entire sum of purchase price, seller is obliged to return this sum in time period of 15 calendar days from the cancellation of order more precisely of sale contract by sending money by cashless payment to bank account of buyer which buyer determined by written form (fax, e-mail or post).


- Seller has the right to unilaterally cancel the order, which cannot be obligatorily accepted because of wrong stated information in it especially incorrectly stated e-mail or telephone number of buyer.

- Seller has the right to unilaterally cancel the order which was obligatorily accepted in case, that ordered goods is not produced or supplied anymore or the price of supplier of goods has changed noticeably or due to superior power. In case of this situation, seller is obliged to contact buyer by telephone or written form (fax, e-mail or post) because of agreement on folowing cooperation. In case that buyer paid part or the entire sum of purchase price, seller is obliged to return this sum in time period of 15 celandar days from the day of cancellation of order or rather the sale contract by sending money by cashless payment to bank account of buyer which buyer determined by written form (fax, e-mail or post).

- Seller has the right to unilaterally cancel the order which was obligatorily accepted in case, that information stated by buyer in order appear as evidently incorrect or false or in case that it is not possible to inform and/or send a binding acceptance of order to buyer.


3.4 Withdrawal from the sale contract on the basis of provision § 12 Article 1 of the Act no.  108/2000 Z.z. about consumer protection related to door-to-door sale and mail order as amended (hereinafter referred to as „Consumer Protection Act related to mail order“).

- Buyer – consumer has the right to withdraw from the sale contract in period of 7 working days from receipt of goods according to Terms of delivery of these general trade terms without giving any reason in accordance with provision § 12 article 1 of the Act no.  108/2000 Z.z. about consumer protection related to door-to- door sale and mail order as amended (hereinafter referred to as ”Consumer Protection Act related to mail order“). Within this period consumer has the right to open delivered goods, test it similarly as is common during shopping in classic „permanent“ store. Testing does not mean starting to use goods and after few days buyer decides to return it.

- Buyer – consumer confirms by sending the order, that seller in due time and regularly fulfilled his information obligations according to provision § 10 of Consumer Potection Act related to mail order.

- withdrawal from the sale contract must be done by buyer and in written form (fax, e-mail or post)

- withdrawal from the sale contract must contain identification of buyer, number and date of the order, exact specification of goods, way by which seller should have return received fulfilment mainly bank account and/or postal address. At the same time buyer is obliged by withdrawal from the sale contract to deliver goods with entire accesories and documents, instructions, warranty card, proof of payment etc. in original packet to seller personally or in form of insured delivery.

- in case that buyer withdraws from the sale contract and delivers goods to seller which is not used and it is packaged in originally sealed original packet and it is not damaged or incomplete, seller returns to buyer the paid purchase price for goods, which was stated in binding acceptance of order or its part within period of 15 days from receipt of cancellation of the sale contract and delivery of goods to seller, seller returns the sum by cashless transfer to bank account of buyer which was determined by buyer in written form (fax, e-mail or post).

- In case that buyer withdraws from the sale contract and delivers goods to seller, which is used and damaged or incomplete, seller returns to buyer the paid purchase price for goods which was stated in binging acceptance of order or its part reduced in accordance with provision § 457 of Civil Code by the value of its wear of 1 % from the total sum of goods for every day of the usage of goods and by value of its repair and putting goods into original condition within the period of 15 days from receipt of cancellation of the sale contract and delivery of goods to the seller, seller returns the sum by cashless transfer to bank account of buyer which was determined by buyer in written form (fax, e-mail or post).

- In case of valid withdrawal from contract, seller returns to buyer the purchase price including entire costs, which buyer spent in connection wtih ordering of goods, if buyer submits with goods also written evidence about invested costs, which buyer spent in connection with ordering of goods. Costs connected with the returning of goods are not paid by buyer in case if goods did not meet with the quality requirements and at the same time it is defective. Goods with the same or similar characteristic as it is stated in the list of goods on the website of seller is considered as it fully meets the requirements.

- Costs, which buyer spent in connection with ordering of goods are considered as costs for realization of order, mainly the price for the realization of telephone call, by which buyer made a proposal for concluding the sale contract, or price for internet connection of buyer on the website of seller, during which buyer completed a form for the order of goods or he sent an e-mail with the order of goods in duration of 30 minutes.
 

In case that buyer does not fulfill one of his obligations mentioned in this article of General terms and conditions, withdrawal from the sale contract is not valid and legally effective and seller is not obliged to return purchase price to buyer and at the same time he has the right for costs covering connected with delivering of goods back to buyer.


4. TERMS OF DELIVERY

- seller is obliged to fulfill obligatory accepted order of buyer and deliver the goods in period no later than 30 to 150 days from delivery of goods by supplier of goods. Buyer has the right to withdraw from the sale contract in case of non-delivery of goods in mentioned period and seller is obliged to return buyer a paid part of purchase price in period of 15 days from the receipt of withdrawal from the sale contract by sending a sum by chashless transfer on buyer´s bank account which he determined in written form (fax, e-mail or post).

- Buyer is obliged to accept goods at place, which is stated in acceptance of buyer´s order by seller unless  contracting parties agreed otherwise by written form (fax, e-mail or post) or telephonically.

- In case that seller delivers the goods to buyer at place determined in the sale contract by buyer, buyer is obliged to accept goods personally or ensure that another person accepts the goods, who will be authorised for acceptance of goods stated in the sale contract during the absence of buyer and sign statement about delivery of goods, concretely delivery note of carrier more precisely postal company, which confirms the receipt of parcel. Third person, who is authorised for receipt of goods by buyer is obliged to prove its identity with valid authorization for receipt of goods stated in the sale contract.  

- In case that place of delivery of goods is operation of seller, buyer is obliged to accept the goods till 7 working days, unless  contracting parties agreed otherwise in written form (fax, e-mail or post) or telephonically. In case if buyer does not accept the goods till 7 days after expiration of period stated in the sale contract, in binding acceptance of order, seller has the right to withdraw from the sale contract and sell the goods to third person. At the same time seller has the right to charge a storage fee to buyer of 25 EUR (753,15 Sk) as a compensation for storage of ordered goods 3,5 EURO <105,44 Sk> for every day of storage). Deposit for agreed goods which was paid by buyer will be included in its all amount as a storage fee, which is buyer obliged to pay to seller.

- In case that the place of delivery of goods is specified in the sale contract, buyer is obliged to accept goods according to conditions determined by contract carrier and published on website of electronic sale of the seller. If it is necessary a goods delivery will be repeated beyond the conditions of contract carrier due to absence of buyer at the specified place as stated in the sale contract, entire expenses incurred are covered by buyer, mainly repeated delivery of goods on the specified place in the sale contract.  

- Buyer is obliged to check the parcel/goods as its wrap immediately after delivery. In case that buyer finds out that goods or wrap of goods is mechanically damaged, he is obliged to inform carrier and check the state of goods in the presence of carrier. In case of finding out that goods is damaged, buyer is obliged to draw up a record about the extent of the goods damage, which will be confirmed by carrier. On the basis of this record, which will be delivered to seller, seller can subsequently supply a removal of goods damage, discount on goods or in case of irremovable damages of goods deliver a new goods to buyer.

-Goods is considered as delivered by the moment of delivery of goods on the address stated in binding acceptance of order and accepted by the moment of physical receipt by buyer, or his authorised representative or by refusal of goods receipt, which carrier marks in protocol about delivery and receipt of goods. Part of the delivery is not the installation of the goods.

- Buyer comes into possession of the goods after complete payment of entire purchase price for the goods.

- danger of goods damage transfers on buyer when he accepts the goods from seller, or if he does not do that, then in time when seller enables treating with goods to buyer and buyer does not accept the goods.


5. TERMS OF PAYMENT

- Buyer is obliged to pay the purchase price to seller for agreed goods in period according to the sale contract.

- Buyer is obliged to pay seller a purchase price which was agreed in the sale contract and/or according to a price list of seller which is valid in period of the sale contract conclusion including expenses for delivery of goods (hereinafter reffered as "purchase price") by cashless transfer on a bank account of seller stated in binding acceptance of order, by payment via company that provides consumer credits, by payment via company Paypal

- in case that buyer pays seller a purchase price by cashless transfer, the day of the payment is the day, when the purchase price was credited to account of seller.

- Stated prices on websites of electronic trade of seller are valid exclusively for the sale via electronic trade of seller. Advisory work, transportation costs or any other costs are not the part of price if it is not stated in the description of product.

- Seller reserves the right for the modification of purchase price in case of modification of legal regulations, modification of rate, and modification of prices from producers or providers of goods.

-In case that buyer pays seller the purchase price for goods agreed in the sale contract, buyer has the right to withdraw from the sale contract and demand returning of purchase price only in accordance with valid legal regulations of SR.


6. PRIVACY POLICY

- Buyer proclaims, that he agrees with the provisions of § 7 Article 1 of Act no. 428/2002 Z.z about privacy policy as subsequently amended, that seller processes and keeps buyer´s data, mainly those, which are stated in section 2. of this General business terms and/or are necessary for activities of seller and that he processes it in his information systems.

- Seller is obliged to handle and treat with private data of buyer in accordance with valid legal regulations of SR and that data, which buyer provided him will serve only for the needs of seller related to meeting the obligations which implies from the sale contracts. These data will not be provided to third persons and will not be commercionally used.
- Seller collects buyer´s private data only for purposes of processing and printing of tax documents, sociodemographic processing and marketing purposes of seller. Registration data of buyers are collected only on the basis of agreement about processing of the registration of natural or legal person and only in case when this person voluntarily provides it.

7. COMPLAINT AND WARRANTY TERMS AND CONDITIONS (RETURN POLICY)
- it is possible to complain about the goods bought on website of seller´s electronic trade, which shows defects, which were caused by producer, supplier or seller and if warranty applies on goods.
- Buyer is obliged to inspect and check all delivered goods, its quality and functionality as soon as possible after its delivery and acceptance including checking of completeness of delivery. If he does not act in this way, he can set up a claim to complain during inspection only in case that he proves that goods was defective already in the time of acceptance of goods.
- If goods shows defects, buyer has the right to complain via e-mail of seller´s electronic trade, namely by filling in a form of complaint and sending it to seller. The form of complaint form is determined by seller.
- Complaints procedure for goods starts on the day, when buyer fulfill folowing conditions:
•    delivery of complaint form to seller namely personally, by post or by electronic post (e-mail).
•    delivery of sales return including accessories, access codes and password. It is necessary to deliver returned goods at own expense to the place of operation of seller, unless otherwise instructed by seller (f.e. deliver goods directly to service center) namely personally or by post.  

- Seller issues a document on the day when the complaints procedure starts about acceptance of complaint in suitable form determined by seller, where buyer is obliged to mention defects of goods and day when the complaints procedure started. This document is used as a buyer´s proof for repeated picking up of returned goods.
- Buyer does not have the right to apply a warranty on defects of which he was pointed out by seller in time of the contract concluding, or of which, taking into account the circumstances under which was the sale contract concluded, he had to know.

- Seller has the right to replace defective goods for another similar goods with comparable technical parameters.  


- The right for seller´s warranty expires by:

•    failure of production of proof of payment, delivery note or warranty card, accessories or documentation of goods
•    failure of announcement of evident defects during the acceptance of goods.
•    expiration of warranty period of goods.
•    mechanical damage of goods caused by buyer.
•    usage of goods in conditions which are innapropriate such as unsuitable humidity, chemical and mechanical influences which differ from common conditions.
•    inexpert usage, operation or by neglecting care for goods.
•    damage of goods by excessive overcharging, or by usage contrary to stated conditions in documentation, General terms and conditions, technical norms or safety regulations valid in SR.
•    damage of goods by inevitable and/or unpredictable events.
•    inexpert treatment, damage during transport, damage by water, fire, static or atmospheric electricity or by another inevitable accident.
•    interference with the goods by unauthorised persons.

- Seller does not guarantee the subcontract material or goods of other suppliers
-  Seller handles complaint in time period of 30 days from the beginning of the complaints procedure about which he gives a written proof to buyer.
- if it is removable defect, complaint will be dealt with by following:


•    seller ensures the removal of the defect, or
•    seller replaces the defective goods (the way of arranging of complaint depends on seller´s decision and buyer cannot demand arranging of his complaint).

- If it is a defect, which cannot be removed, or the same defect appears repeatedly, or there is a higher number of various removable defects, which impede that goods cannot be proper used as without defect, seller deals with complaint by:

•    exchange of the goods for the same goods or for goods with better technical parameters, or
•    in case that seller cannot exchange the goods for different goods, he deals with complaint by making out a credit note for defective goods.  

- Complaint refers only to defects stated in the form of a complaint.

- As repeated removable defect is considered an occurance of one removable defect more than twice for purposes of complaint.

- As higher amount of removable defects is considered an occurence of more than three and more removable defects at the same time for purposes of complaint.

- warranty period of goods is 24 months, unless otherwise instructed for concrete cases in warranty card.

- warranty period starts on the day of acceptance of goods by buyer.

- This return policy is valid for entire cases, except cases, if another warranty and complaint terms and conditions were agreed in the sale contract.

8. FINAL PROVISIONS
- Seller has the right to change these General terms and conditions at any time without prior notice, if there is a modification of business policy or if valid legislation demands it. A duty of written notice about modification in these General terms and conditions is fulfilled by placing it on website of electronic trade of seller.  
- By the time of transfer of proprietary right from seller to buyer, who has the products and services in possession, buyer has the holding duties of objects and he is obliged to keep the products and services safely and label them in way that they will be recognizable as seller's goods all the time.
- Relevant provisions of the Civil Code Act, Act, act no. 22/2004 Z.z. about electronic trade and about modification and amending of Act no. 128/2002 Z.z. about state control of the internal market related to consumer protection and on amendments of any laws as amended by Act no. 284/2002 Z.z. as subsequently amended and Consumer Protection Act related to mail trade apply on the relations not covered by these General terms and conditions.
- These General terms and conditions come into effect by concluding of the sale contract in relation to buyer, and buyer confirms by sending of the order that he has read these General terms and conditions in its fullness and that he agrees with it.

In Bratislava on 13.7.2012

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