Terms and Conditions

GENERAL TERMS AND CONDITIONS
FOR THE USE OF THE SERVICES AVAILABLE ON THE PLATFORM
FOR HOME AND OFFICE DELIVERIES www.devin2u.bg

I. Subject

Art. 1. The subject of these General Terms and Conditions ("General Terms and Conditions") is to regulate the relationship between "DEVIN" EAD, with UIC 040428304 - provider of the services of the e-commerce platform www.devin2u.bg ("Devin") and each of its registered users /"Customers", "Users"/, hereinafter referred to as "devin2u.bg" or "the platform" in connection with the delivery of products of Devin EAD to the home and office.

ІІ. Details of Devin and the entities supplying products from the platform
Art. 2. (1) Information under the Law on Electronic Commerce and the Law on Consumer Protection concerning the provider of the services on the platform:
1. Name: "Devin" EAD
2. Registered address and head office: Bulgaria, city of Devin, 6 Vasil Levski Street
3. Address for sending consumer complaints: Bulgaria, city of Sofia, Izgrev district, 13B “Tintyava” St, floor 5
4. Correspondence details: address: Bulgaria, city of Sofia, Izgrev district, 13B “Tintyava” St, floor 5, email: [email protected], cell phone 070070080
5. Registration in the Commercial Register and Register of Non-profit Legal Entities under UIC 040428304
6. Number and date of the certificate of registration with the Bulgarian Food Safety Agency for distance selling of foods: application No 5868/03.12.2020, Smolyan Directorate for Food Safety.
7. Registration under the Law on VAT No. BG 040428304
(2) Deliveries of goods ordered through the platform to the cities of Sofia and Plovdiv will be made by Devin EAD and governed by Part A of these General Terms and Conditions.
(3) Hereinafter in these General Terms and Conditions, the term "Supplier" shall refer to "DEVIN" EAD, performing the delivery of the ordered goods to the Customer.
(4) Supplier shall determine on its own the prices for the products it sells on the Platform. The prices which Customers see when they use www.devin2u.bg shall vary depending on the city specified at registration.
(5) The products offered for sale on the platform www.devin2u.bg, the prices of the products, the offers and discounts of www.devin2u.bg may be changed without prior notice to the Customers.
(6) Devin is a trader and the Customers, who are consumers, shall have all rights under the consumer protection legislation (see Section VII below). The results of a search on www.devin2u.bg, respectively the ranking of the products, shall be the same regardless of which city is indicated by the Customer, since in all cases they are the same products of Devin EAD.

III. Features of the platform

Art. 3. (1) The platform is an e-commerce platform, available at https://www.devin2u.bg, through which Customers are able to place orders for delivery of the goods offered on the platform, including the following:
1. Register and create an account to view the platform and use the additional information services;
2. Examine the goods, their characteristics, prices and delivery conditions;
3. Place orders for delivery of the goods, offered on the platform www.devin2u.bg; 
4. Make payments in connection with orders, placed through the platform www.devin2u.bg; 
5. Receive information about new products, offered on the platform www.devin2u.bg; 
6. Make electronic communications in relation to orders placed for delivery and their execution;
7. Be informed about their rights deriving from the law;
8. Exercise their right of refusal, where applicable, under the Law on Consumer Protection.
(2) In the platform www.devin2u.bg, Devin organizes the delivery of goods to the home and office and guarantees the rights of Customers provided by law, within the framework of good faith, the criteria and conditions accepted in the practice, consumer or commercial law.

Art. 4.  (1) Devin and the Customer agree that all statements between them in connection with the orders for delivery and their performance may be made electronically and by electronic statements within the meaning of the Law on Electronic Documents and Electronic Certification Services.
(2) The electronic statements made by the Customers on the Platform are assumed to have been made by the persons indicated in the data provided by the Customer when registering, if the Customer has entered the corresponding username (email address) and password for access.

IV. Registration. Acceptance of the General Terms and Conditions. Username and password.

 Art. 5. (1) The Customer should register in advance in order to use the services provided on the platform by filling in the relevant electronic registration form (registration form) available in real time (on-line) on www.devin2u.bg platform and accept these General Terms and Conditions.
 (2) By marking the box "I have read and accept the General terms and conditions” and pressing the virtual button "Create an account", the Customer makes an electronic statement within the meaning of the Law on Electronic Documents and Electronic Certification Services, whereby the Customer declares that it is aware of these General Terms and Conditions, accepts them and commits to comply with them. By recording it on the appropriate media in the server used by "Devin" EAD, by means of a generally accepted standard for conversion in a technical manner enabling its reproduction, the electronic statement acquires the capacity of an electronic document within the meaning of the above-mentioned law. Devin shall store in log files on its server the Customer's IP address, as well as any other information necessary to identify the Customer and reproduce the Customer's electronic statement of acceptance of the General Terms and Conditions, in the event of a legal dispute. The text of these General Terms and Conditions is available on the Internet at https://devin2u.bg/terms-and-conditions 
(3) The Customer and Devin agree that any electronic statements originating from a User Account, e-mail address or telephone number specified by the Customer, as well as any electronic statements originating from Devin's e-mail addresses or telephone numbers specified in these General Terms and Conditions, and from Devin's e-mail addresses with the domain @spadel.com and @devin2u.bg , shall be deemed to be signed with an electronic signature and the Customer and Devin acknowledge that they have the value of a handwritten signature in the relationship between them. In the event of a legal dispute, Devin may use the Customer's IP address, and other information that Devin stores in log files on its server for the purpose of identifying the Customer and reproducing an electronic statement of acceptance of the General Terms and Conditions and of registration of the Customer or an order placed by the Customer.
(4) Before making the statement referred to in paragraph 2, the Customer may freely correct the information entered by it in the registration form.
(5) When filling in the registration form, the Customer is obliged to provide complete and correct data concerning its identity, exact address, telephone and e-mail address and the other data required in Devin’s registration form. The Customer guarantees that the data provided in the registration process is true, complete and accurate and shall promptly update them in the event of any changes. In the event of the provision of false data, Devin shall be entitled to terminate or suspend, immediately and without notice, the provision of the Services, as well as the support of the Customer's registration.
(6) Registration of minors is not permissible. In the case of registration of a person under the age of 18 and its detection, it shall be terminated by Devin.

Art. 6.  After submitting the registration form, the Customer shall receive a link by e-mail to confirm the registration. With the registration confirmation, the registration process shall be complete.

Art. 7. The Customer shall take all necessary reasonable care and precautions to protect the data used to access the platform account and shall notify Devin immediately in the event of any unauthorised access or in the event of any likelihood thereof. The Customer shall be solely responsible for safeguarding its username (email address) and password combination, as well as for any actions that are performed by it or by a third party by using its username (email address) and password.

V. Technical steps for a valid delivery order

Art. 8. (1) Customers place an order for delivery to the city of Sofia or the city of Plovdiv of the goods on the platform www.devin2u.bg according to the following procedure:
1. Registration on the platform www.devin2u.bg for the city of Sofia or the city of Plovdiv and providing the necessary data to perform the delivery: full name, email and phone number of a contact person, acceptance of these General Terms and Conditions and confirmation of the registration;
2. Login to the ordering system on the platform www.devin2u.bg using the username (email address) and password;
3. Selecting one or more of the goods offered on the platform www.devin2u.bg and adding them to a list of goods for purchase ("cart"). The Customer is responsible for the selection of the product and the correct execution of the order through the platform www.devin2u.bg. The information on the platform www.devin2u.bg does not constitute an offer to the Customer to conclude a contract. The platform www.devin2u.bg provides information about the products and their prices, and on the basis of this information the Customer, on its own initiative and discretion, can order a product. The platform does not allow real-time updating of the information on the availability of the products. Accordingly, it is possible that a product for which information is provided on the Platform may not be in sufficient stock. In the event that an order can only be fulfilled only in part due to insufficient stock, it shall be accepted in part and the sales contract shall be concluded for the corresponding part, with the Customer having the option to cancel the order under the terms of para. 2 below;
4. Select the address, method and day of delivery and fill in the relevant details;
5. Select the payment method and fill in the corresponding data;
6. Finalise the order by clicking the "Place Order" button;
7. Sending an automatic order confirmation to the Customer's email address.
8. Sending confirmation of acceptance of the entire or part of the order, from Devin to the Customer's email address. Upon receipt of the order acceptance confirmation in the Customer's email inbox, the contract of sale between the Customer and Devin shall be deemed to have been concluded.
(2) Any order placed may be cancelled by the Customer no later than by 4.00pm on the day preceding the day of delivery.

VI. Execution of the order for delivery. Payment terms

Art. 10. (1) Each confirmed order shall be executed within no less than 1 /one/ working day and no more than 3 /three/ working days after the day of the confirmation of the order. The delivery days and times are as follows: Monday to Friday inclusive, with deliveries to offices by 5:30pm and deliveries to homes by 7:00pm.
(2) In the event that the Customer is not present at the address specified in the order on the specified day, the Customer shall notify Devin by telephone by 09.00am at the latest on the day of delivery. Otherwise, Devin reserves the right, at its discretion, to redeliver to the Customer's address at a time convenient to Devin, taking into account Devin's workload.
(3) In the event that at redelivery the Customer is not found by Devin at the address provided by the Customer, the order shall be cancelled.
(4) In the event of three cancelled orders, Devin has the right to erase the Customer's registration from the Platform.
(5) Devin shall have the right to cancel, in whole or in part, any registered or confirmed order without liability, in the event that:
a) the Customer's credit/debit card is declined when making a payment by card or if, for any other reason, the payment cannot be completed and the amounts due for the purchase have not been received by Devin;
b) the Customer has provided incorrect or incomplete information at registration or on order forms (shipping address, payment information, etc.);
c) the products ordered by the Customer are not in stock.
Art. 11. The customer shall be entitled to refuse receipt of goods at the time of delivery only if they do not correspond to the order placed.
Art. 12. (1) The Customer shall be entitled to submit claims concerning the quantity and/or obvious defects and/or the expiry date of the delivered goods only at the time of receipt.
(2) Claims concerning hidden defects may be submitted by the Customer within 3 days from the date of receipt of the goods. Hidden defects of the delivered goods are those which could not have been noticed when the goods were accepted, if the goods were stored as indicated on their packaging and if the integrity of the packaging was not compromised. No claims shall be accepted after the expiry of the 3-day period specified in the first sentence of this item.
(3) Devin shall replace, at its own expense, any defective product returned to it by the Customer within the specified period for claims and subject to the terms and conditions for submitting claims specified in these General Terms and Conditions.
(4) Nothing provided in this Section VI can deprive Customers, who are consumers, of their rights under Bulgarian consumer protection laws (see Section VII below).
Art. 13.  The payment methods for the orders for delivery are:
for customers - natural persons /households/: in advance by bank card or in cash at the time of receipt of the delivery, payment by bank card being possible only for the cities of Sofia and Plovdiv;
for clients - legal entities /offices/: in advance by bank card or in cash at the time of receipt of the delivery, payment by bank card being possible only for the cities of Sofia and Plovdiv; an exception to this principle is possible only if the specific customer has an existing contract with Devin where other payment terms have been agreed.

VII. Special clauses applicable to persons having the capacity of consumers within the meaning of the Law on Consumer Protection

Art. 14. The rules of this Section VII of these General Terms and Conditions shall apply only to Customers of whom, according to the data provided upon registration at devin2u.bg, it can be concluded that they are consumers within the meaning of the Law on Consumer Protection.
Art. 15. (1) The main characteristics of the goods offered by Devin on the platform www.devin2u.bg are defined in each product's profile.
(2) The price of the goods is inclusive of value added tax and is specified in each item's profile on the platform www.devin2u.bg 
(3) The products on promotion shall be indicated with an additional message. Promotions may only be valid for a specific place. The duration of the promotions shall be determined by Devin for each individual promotion, commencing on the day specified in the notice and valid until the date specified therein or until quantities are exhausted, but it will be a period of not more than one month and not less than one business day.
(4) The value of the transport costs shall be indicated in the order summary before the order is finalised and shall be included in the total final price of the order.
(5) The methods of payment, delivery and execution of the order are determined in these General Terms and Conditions and in the information provided to the Customer through the mechanisms in the platform www.devin2u.bg 
(6) The information provided to Customers pursuant to this Article shall be up-to-date at the time of its visualization on the devin2u.bg platform prior to placing an order for delivery.
(7) Customers agree that the entire information required by the Law on Consumer Protection and the Law on the Provision of Digital Content and Digital Services and on the Sale of Goods can be provided through the interface of the platform www.devin2u.bg or by email.
(8) In the event of non-conformity of the goods, the User shall have legal remedies against the Seller at no cost to the Consumer under the Law on the Provision of Digital Content and Digital Services and on the Sale of Goods ("LPDCDSSG"). For all products that the Customer has purchased from the Platform, the User shall have the rights arising from the statutory guarantee of the conformity of the goods with the contract of sale under the LPDCDSSG. The Customer's rights in relation to the statutory guarantee for products purchased through the platform, including the procedure for claims thereunder, shall be governed by the provisions of Chapter Three, Section III and Chapter Four of the LPDCDSSG. An excerpt from the LPDCDSSG with the Customer's rights under the legal guarantee of conformity of the goods with the sales contract, regulated by Articles 33 - 38 as well as 41 - 48 of the law, can be found in Appendix 2 to these General Terms and Conditions.
Art. 16. The user agrees that for the cities of Sofia and Plovdiv it is possible to pay in advance by bank card. The user chooses independently whether to pay the price for the delivery in advance - by bank card or in cash at the time of receipt.
Art. 17. (1) As regards goods that are within the scope of the Law on Consumer Protection - the part on distance contracts, the User has the right, without owing compensation or indemnity and without giving a reason, to withdraw from the delivery within 14 /fourteen/ days from the date on which the User or a third party other than the carrier and designated by the User has taken possession of the goods.
(2) The right of withdrawal under para. 1 shall not apply to the delivery of foods, beverages or other goods for current consumption in the household, which are delivered by the trader at frequent and regular deliveries to the home, residence or workplace of the User.
(3) The right of withdrawal under para. 1 shall not apply to the delivery of goods which, by their nature, may deteriorate in quality or have a short shelf life, or to sealed goods which have been unsealed after delivery and cannot be returned for reasons related to hygiene or health protection, including, but not limited to, beverages for which the integrity of the consumer packaging has been compromised. 
(4) When exercising the right of withdrawal, the User must return the product with the original packaging, accompanied by the labels, the original warranty, if issued by the manufacturer, and all documents with which the product was delivered.
(5) Where the User has exercised its right of withdrawal from the delivered goods, Devin shall refund all sums received from the User, including the cost of delivery, without undue delay and not later than 14 days from the date on which it was notified of the User's decision to withdraw from the delivery. Devin shall refund the amounts received using the same payment method as the one used by the User in the original transaction, unless the User expressly agrees to another method. Devin shall have the right to delay refunds until the goods are received back or until the User provides proof that it has sent the goods back, whichever occurs first.
(6) When exercising the right of withdrawal, the User shall arrange for the return of the goods and bear the costs thereof.
(7) It is the responsibility and obligation of the User to store the goods received from Devin and to ensure the preservation of their quality and safety until their shipment or return to the trader.(8) The User may exercise the right of withdrawal by sending a written statement to Devin using the standard withdrawal form available at the address in Appendix No. 1 to these General Terms and Conditions or stating unequivocally in another way its decision to withdraw from the contract. To comply with the withdrawal period, it is sufficient for the User to send its communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal deadline to the address or email of Devin specified at the beginning of these General Terms and Conditions. Upon sending a message to Devin's email address, Devin shall immediately send a message on a durable medium (e.g. by email) to confirm receipt of the withdrawal. 
(9) The User, having exercised its right of withdrawal, shall send or return the goods back to Devin, at the address indicated at the beginning of these General Terms and Conditions, without undue delay and, in any case, not later than 14 days after the day on which it informed Devin of its withdrawal from the contract. The time limit shall be deemed to have been complied with, if the User sends back the goods before the expiry of the 14 day period.

Art. 18. (1) In accordance with Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) and in conjunction with Article 47, para. 1, item 20 of the Law on Consumer Protection, the following link is provided - an electronic link to an online dispute resolution (ODR) platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG 
(2) In Bulgaria, you can also contact the competent Conciliation Commission of the Bulgarian Consumer Protection Commission at https://kzp.bg/pomiritelna-komisiya. 

VIII. Personal data protection

Art. 19. (1)  Devin takes measures to protect the Client's personal data in accordance with Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation /GDPR/) and the Law on the protection of personal data.
(2) Devin has published the information about the personal data it processes and the purposes for which they are processed, as well as all the information required by the GDPR in the Confidentiality Policy, available at https://devin2u.bg/politika-za-poveritelnost 
(3) Devin processes the Customer's personal data solely for the purposes of direct marketing, only with the Customer's explicit consent, which may be withdrawn at any time.
(4) The Customer accepts that Devin may send it emails and other electronic messages concerning the provision of the Services, the improvement of the platform's functionalities and other messages related to the functioning of the platform and the execution of the deliveries.
Art. 20. (1) At any time, Devin shall have the right to require the Customer to identify itself and to certify the truthfulness of any of the circumstances and personal data disclosed at the time of registration.
(2) If for any reason the Customer has forgotten or lost its password, Devin shall send a link to change the password to the email address provided by the Customer at registration.

IX. Amendment of and access to the General Terms and Conditions

Art. 21. (1) These General Terms and Conditions may be amended by Devin, for which it will provide appropriate notice to all registered Customers. 
(2) Devin and the Customer agree that any addition to or modification of these General Terms and Conditions shall be effective with respect to the Customer in one of the following cases:
1. after expressly notifying the Customer at the email address provided at registration and if the Customer does not, within one month (if a user) or 14 days (if not a user), state that it rejects them; or
2. for a Customer who is not a user, after their publication on the platform www.devin2u.bg  and an explicit message on the platform to all users about this, and if the Customer does not declare within 14 days of their publication it rejects them; or
3. with their explicit acceptance by the Customer through its profile on the platform www.devin2u.bg  
(3) If the Customer does not declare within the period referred to in paragraph 2 that it rejects the changes, it shall be deemed to be bound by them.
(4) If the Customer states that it rejects the changes, the Customer shall be deemed to be unable to make delivery requests from the moment Devin has received the rejection statement and the contract governed by these General Terms and Conditions shall be terminated.
(5) The Customer agrees that any notices sent to it personally by Devin in relation to the amendment of these General Terms and Conditions shall be sent to the email address provided by the Customer at registration. The Customer agrees that e-mails sent pursuant to this Article need not be signed with an electronic signature to be effective with respect to the Customer.
Art. 22. Devin publishes these General Terms and Conditions at https://www.devin2u.bg/terms-and-conditions  together with any additions and amendments thereto.

X. Termination

Art. 23. (1) The relations with the Customer in connection with the orders for delivery and their execution through the platform www.devin2u.bg shall be terminated in the following cases:
1. in the event of dissolution and liquidation or bankruptcy of one of the parties to the contract;
2. in the case of an objective impossibility of one of the parties to the contract to perform its obligations;
3. in the event of deletion of the Customer's registration from the platform www.devin2u.bg; 
4. in the event of rejection of the changes to the General Terms and Conditions.
(2) In the event of termination, all orders placed and confirmed as accepted prior to the date of termination shall remain valid and enforceable.

Art. 24. Devin shall have the right, at its sole discretion, without notice and without compensation, to terminate the relationship with the Customer, as well as to delete the Customer's registration, if it finds that the Customer is using the platform www.devin2u.bg in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria, the generally accepted moral norms or the generally accepted rules and practices in e-commerce, that it misuses its rights or otherwise acts in bad faith in or in connection with the use of the platform.

XI. Liability

Art. 25. Each party shall indemnify the other party for all direct damages and expenses (including attorneys' fees and court costs) incurred as a result of:
(1) failure to fulfil any of the obligations under these General Terms and Conditions,
(2) unlawful assignment to other persons of rights granted to the Customer, or
(3) falsely declaring the existence or non-existence of consumer capacity within the meaning of the Law on Consumer Protection.

Neither party shall be liable for lost profits.
Art. 26. Devin shall not be liable in the event of a force majeure, fortuitous events, Internet problems, technical or other objective reasons, including orders of the competent government authorities, which objectively prevent the performance of these General Terms and Conditions.
Art. 27. (1) Devin shall not be liable for any damages caused to third parties by the Customer.
(2) Devin shall not be liable for any material or non-material damages in the form of lost profits or damages suffered by the Customer in the registration process or due to the use or non-use of the platform www.devin2u.bg.
(3) Devin shall not be liable for any time when the Platform was unavailable due to force majeure or other objective circumstances beyond Devin's control.
Art. 28. (1) Devin shall not be held liable in the event that the security measures of the technical equipment are circumvented and this results in the loss of information, disclosure of information, access to information, restriction of access to information or other similar consequences.
(2) Devin shall not be liable in the event of a placed order for delivery, access provided to information, loss or changes in data, etc., occurring as a result of false legitimation of a third party claiming to be the Customer, if it can be inferred from the circumstances that this person is the Customer.

XII. Other terms and conditions

Art. 29. In the case of a discrepancy between these General Terms and Conditions and the provisions of any other valid contract between Devin and the Customer, the provisions of that contract shall prevail.
Art. 30. The possible nullity of any provision of these General Terms and Conditions shall not nullify the entire contract.
Art. 31. (1) The laws of the Republic of Bulgaria shall apply to any matters related to the performance and interpretation of the contractual relations between the parties not covered by these General Terms and Conditions.
(2) Any disputes arisen in connection with the performance and interpretation of the contractual relationship shall be settled between the parties by means of negotiations. If no agreement is reached within 30 days, the dispute shall be referred for settlement to the competent Bulgarian court.
Art. 32. For all Customers, these General Terms and Conditions shall enter into force on 07.02.2024. 

Appendix 1
Standard form for exercising the right of withdrawal from the contract: 
(fill in and submit this form only if you wish to withdraw from the contract)

To ...........................

/merchant’s name/

................................................................................

/address, UIC/

I hereby give notice that I withdraw from the contract concluded by me for the purchase of the following goods:

.......................................................... /product description/

The goods were received on ...................... / indicate the date of receipt by the user/

.................................................................................../Name of the user/

...................................................................... /Address of the user/

................... ..................................

/Date/ /Signature of the user/ 
Appendix 2:
Excerpt from the Law on the Provision of Digital Content and Digital Services and on the Sale of Goods
Art. 33. (1) Where the goods do not meet the individual requirements for conformity with the contract, the objective requirements for conformity and the requirements for the assembly or installation of the goods, the consumer shall be entitled to:
1. make a claim by asking the seller to make the goods conform;
2. obtain a proportionate price reduction;
3. terminate the contract.
(2) In the cases referred to in par. 1, item 1, the consumer may choose between repair or replacement of the goods, unless this proves impossible or would entail disproportionately large costs for the seller, taking into account all the circumstances of the case, including:
1. the value the goods would have if there were conformity;
2. the significance of the nonconformity, and
3. the possibility of providing the other remedy to the consumer without significant inconvenience to the consumer.
(3) The seller may refuse to make the goods conform, if repair and replacement are impossible or would involve disproportionate costs for the seller, taking into account all the circumstances, including those referred to in para. 2, items 1 and 2.
(4) The consumer has the right to a proportionate price reduction or to cancel the contract of sale in the following cases:
1. the seller has not repaired or replaced the goods in accordance with Art. 34, para. 1 and 2 or, where applicable, has failed to repair or replace the goods in accordance with Art. 34 para. 3 and 4 or the seller has refused to bring the goods into conformity in accordance with para. 3;
2. non-conformity occurs despite the actions taken by the seller to bring the goods into conformity; in the case of non-conformity of durable goods and goods containing digital elements, the seller shall be entitled to make a second attempt to bring the goods into conformity within the warranty period pursuant to Art. 31;
3. the non-conformity is so serious as to justify an immediate price reduction or cancellation of the contract of sale, or
4. the seller has stated or it is clear from the circumstances that the seller will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.
(5) The consumer shall not be entitled to cancel the contract, if the non-conformity is insignificant. The burden of proof as to whether the non-conformity is insignificant is borne by the seller.
(6) The consumer has the right to refuse payment of the remaining part of the price or of part of the price until the seller has fulfilled its obligations to bring the goods into conformity.
Art. 34. (1) The repair or replacement of the goods shall be done free of charge within a reasonable time after the consumer has notified the seller of the non-conformity and without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which they were needed by the consumer.
(2) For goods other than goods containing digital elements the repair or replacement of the goods shall be done free of charge within a month after the consumer has notified the seller of the non-conformity and without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which they were needed by the consumer.
(3) Where the non-conformity is remedied by repair or replacement of the goods, the consumer shall make the goods available to the seller. When replacing the goods, the seller shall take the replaced goods back from the consumer at its own expense.
(4) Where the making of repairs requires the dismantling of goods which have been installed in accordance with their nature and purpose before the non-conformity has occurred, or where those goods have to be replaced, the seller's obligation to repair or replace the goods shall include the dismantling of the non-conforming goods and the installation of the replacement goods or of the repaired goods, or bearing the cost of dismantling and installing the goods.
(5) The consumer does not owe payment for the normal use of the replaced goods for the time prior to their replacement.
Art. 35. The price reduction is proportionate to the difference between the value of the goods received by the consumer and the value the goods would have had if there had been conformity.
Art. 36. (1) The consumer exercises the right to terminate the contract by submitting a statement to the seller informing the seller of the decision to terminate the sales contract.
(2) Where the non-conformity relates only to some of the goods supplied pursuant to the contract of sale and there is a ground for rescission of the contract pursuant to Art.33, the consumer shall be entitled to rescind the contract of sale only in respect of those goods which do not conform, but also in respect of any other goods which the consumer has acquired together with the goods which do not conform, if it cannot reasonably be expected that the consumer will agree to retain only the goods which conform.
(3) Where the consumer cancels the contract of sale entirely or partially only in respect of some of the goods delivered pursuant to the contract of sale, the consumer returns those goods to the seller without undue delay and not later than 14 days from the date on which the consumer notified the seller of the decision to cancel the contract of sale. The deadline is deemed to have been met if the consumer has returned or sent the goods back to the seller before the expiry of the 14-day period. All costs of returning the goods, including dispatch of the goods, are borne by the seller.
(4) The seller refunds to the consumer the price paid for the goods after their receipt or upon presentation by the consumer of proof of their shipment to the seller. The seller is obliged to refund the sums received using the same method of payment as the one used by the consumer in the original transaction, unless the consumer has expressly agreed to the use of another method of payment and provided that this does not entail any costs for the consumer.
Art. 37. (1) The user may exercise the rights under this section as follows:
1. for goods other than goods containing digital elements, within two years from the date of delivery of the goods;
2. for goods containing digital elements, where the contract of sale provides for a one-off supply of digital content or digital service, regardless of whether the non-conformity is due to the physical or digital elements of the goods, within two years from the delivery of the goods and the supply of the digital content or digital service or within the period of time specified in Art. 31, para. 1 and 2, without prejudice to the application of Art. 28, para. 3, item 1;
3. for goods containing digital elements, where the contract of sale provides for the continuous supply of digital content or a digital service for a specified period of time, irrespective of whether the non-conformity is due to the physical or digital elements of the goods, within two years from the delivery of the goods and the start of the continuous supply of the digital content or digital service;
4. for goods containing digital elements, where the contract of sale provides for the continuous supply of digital content or a digital service for a period longer than two years and the non-conformity is due to the digital elements of the goods, the consumer may exercise the rights under this section for the duration of the contract.
(2) The period referred to in para. 1 ceases to run during the time necessary for the repair or replacement of the goods.
(3) The exercise of the consumer's right under para. 1 shall not be subject to any time limits for bringing a claim other than those referred to in para. 1.
Art. 38. A seller who is liable due to non-conformity of goods caused by an act or omission, including failure to provide updates of goods containing digital elements, of a person upstream in the chain of commercial transactions, is entitled to claim damages against the person or persons who caused the non-conformity.
Art. 41. The user has the right to claim due to:
1. failure to provide the digital content or digital service in accordance with Art. 16;
2. non-conformity of the digital content or digital service pursuant to Art. 17 and 18 for bringing the digital content or digital service into conformity;
3. non-conformity of the goods, including goods containing digital elements, pursuant to Art. 33 - 36.
Art. 42. (1) The consumer has the right to lodge a claim for goods, including goods containing digital elements, regardless of whether the manufacturer or seller has provided a commercial guarantee for them.
(2) Where the manufacturer or trader has provided a commercial guarantee for the goods, including goods containing digital elements, and the goods are brought into conformity by way of replacement, the trader is obliged to maintain the original guarantee conditions for the consumer. Where the claim is satisfied by repair of the goods, the repairs carried out must be recorded on the warranty card and the repair period added to the warranty period.
Art. 43. (1) A claim about digital content or a digital service must be lodged with the trader or a person authorised by the trader. Claims about goods, including goods containing digital elements, should be submitted to the seller or a person authorised by the seller.
(2) The claim is made orally or in writing.
(3) When submitting a claim, the consumer indicates the subject of the claim, their preferred method of satisfying the claim, respectively the amount claimed, and a contact address.
(4) When submitting a claim, the consumer must attach the documents on which the claim is based:
1. receipt, invoice or document certifying payment;
2. reports, statements or other documents establishing the non-conformity of the digital content or digital service or of the goods, including goods containing digital elements;
3. other documents establishing the ground and amount of the claim.
Art. 44. (1) Complaints about digital content or digital service may be made within:
1. two years from the provision of the digital content or digital service where the contract provides for a single provision or a series of separate acts of provision of digital content or digital service;
2. the period of time during which the digital content or digital service is to be provided pursuant to the contract, where the contract provides for the continuous provision of digital content or digital service within a specified period of time.
(2) The period referred to in para. 1 ceases to run during the time necessary to bring the digital content or digital service into conformity.
Art. 45. (1) Claims for goods can be made up to two years from the delivery of the goods.
(2) Claims for goods containing digital elements can be made within:
1. two years from the delivery of the goods and the provision of the digital content or digital service, where the sales contract provides for a single provision of digital content or digital service;
2. two years from the delivery of the goods and the start of the continuous provision of the digital content or digital service, where the contract of sale provides for the continuous provision of the digital content or digital service within a specified period of time;
3. the period of time during which the digital content or digital service is to be provided/delivered pursuant to the sales contract, where the contract provides for the continuous provision of digital content or digital service for a period longer than two years.
(3) The period referred to in para. 1 and 2 ceases to run during the time necessary to bring the goods, including goods containing digital elements, into conformity.
(4) If the manufacturer or seller has provided a commercial guarantee for the goods and the period of the guarantee is longer than the time limits for making a claim under para. 1 and 2, the claim may be made until the expiry of the commercial guarantee under the conditions specified therein.
Art. 46. The traders providing digital content and digital services and the sellers of goods, including goods containing digital elements, are obliged to accept consumer claims, if they are made in a timely manner.
Art. 47. (1) The Seller is obliged to keep a register of the claims made before the Seller and persons authorised by the Seller in each of the places specified in para. 3.
(2) When submitting a claim, the persons referred to in para. 1 must describe it in the register, and a document is issued to the consumer containing the date, the number under which the claim is entered in the register, the type of goods and the signature of the person who accepted the claim.
(3) Complaints are accepted during business hours at the commercial establishment where the goods were purchased or on the seller's website where the goods were ordered and at the seller's head office. The claim may also be filed in any of the seller's commercial establishments on the territory of the country, where similar commercial activity is carried out as in the establishment where the goods were purchased. The right to choose the place of filing the claim belongs entirely to the consumer.
(4) After the seller has satisfied the claim, the seller issues a statement about this, which is drawn up in duplicate, and must provide one copy to the consumer.
Art. 48. Filing a claim with the trader for the digital content and digital service and with the seller for the goods, including the goods containing digital elements, is not an impediment to bringing an action in court.