§ 1 Scope of application
All offers are based on the basis of these general terms and conditions.
Contract partner is the company hascon,s.r.o., Bottova 10, Chorvatsky Grob, Slovakia.
§ 2 Conclusion of the Contract
Unless otherwise agreed, our offers are non-binding and subject to change.
By executing an order transaction, you are submitting a binding offer. Upon receipt of your order, we will confirm your order with a confirmation email. A sales contract is concluded once you receive an order confirmation from us.
§ 3 Prices and Delivery
All indicated prices are final prices in EURO and include the statutory value added tax (VAT). Shipping costs are separate. They will be shown before finalizing your order during checkout process.
Deliveries to other countries of the European Union are tax free with proof of a valid VAT ID without calculation of the VAT. In case of delivery to countries outside the European Union, it is the customer’s responsibility to arrange for proper customs clearance and taxation of the goods delivered, and to report the goods to his appropriate tax authorities in accordance with the legal provisions.
Delivery will take place during the delivery times stated in the offer description.
§ 4 Payment Due Date, Reservation of Ownership
Invoices are immediately payable and are due in advance. Payments are to be made to the bank account stated on the invoice or other method available in checkout process.
§ 5 Reservation of Ownership
The delivered goods remain our property until we have received full payment.
§ 6 Warranty
The warranty against defects is based on statutory provisions. The warranty period for the sale of new goods is limited to one year.
Defects of quality can be remedied either by removal of the defects or by replacement. In case of replacement, the consumer has to return the first sent goods to us without undue delay. If supplementary performance fails, the customer hast the right of cancellation of the contract or reduction of the purchase price.
A defect is not present when the product is free from defects upon delivery to the customer and no deviations from the contractually agreed quality or assured characteristics are shown. Defects and damages resulting from the fact that the customer or an assigned third party did not adhere to the prescribed installation guide and operating conditions and operating environment, are excluded from the warranty.
In case of unjustified claims for defects which were obvious to the customer, we reserve the right to charge a reasonable administration fee of up to 50,00 €. The customer is entitled to prove that lower processing costs were incurred.
§ 7 Obvious Defects, Transport Damage
In case of obvious defects of quality the buyer has to give notice of the defects immediately. In case of obvious damages caused during transportation, the carrier has to be informed immediately.
If the customer is a consumer, his/her warranty rights and statutory rights of return remain unaffected in case of failure to report the above mentioned complaint.
§ 8 Liability
We are only liable for the following damages regardless of their legal basis: we are liable in the full amount in cases of willful misconduct or gross negligence. In case of light and moderate negligence we are liable only for any violation of obligations essential to the contract in the attainment of the contractual goal or violations which would put the attainment of the contractual goal at risk (cardinal duty). In this case, the liability is limited to typical contractual and foreseeable damages.
The statutory liability for personal and bodily injury, with a warranty (such as warranty of quality) or a procurement risk and in accordance with the Product Liability Act is not affected by the above provisions. Here we adhere to the statutory provisions.
§ 9 Privacy Terms
In connection with the General Data Protection Regulation (GDPR), we ask you to express your consent to the processing of your personal data in the SmarterHOME.sk e-shop. The purpose of GDPR is to provide a higher level of protection of your personal data and a review of your processing and your rights. Your personal data is processed solely in accordance with valid legislation. We process personal data only with the consent of the client. It is only on his or her free choice whether or not to grant his or her consent to the proposed scope. Grant of consent is entirely voluntary and consent can be withdrawn at any time. We are bound by the scope of the consent we give, and we fully respect it. For complete information on the processing and protection of personal data under current legislation, see the Protection Of Personal Data sub-page..
§ 10 Scope of applicability
The following regulations supplement our terms and conditions for the legal transactions with consumers
§ 11 Consumer rights to return sale goods
Consumers have the following rights of revocation
You can return the goods without stating any reasons within 14 days by sending back the received products. The period begins upon receipt of this instruction in writing (e.g. letter, fax, e-mail), but not before receipt of the goods by the recipient (in case of recurrent delivery of similar goods not before receipt of the first partial delivery). In order to meet the cancellation time limit, it is sufficient to send the withdrawal or the goods in time. In any case, the return is at our cost and risk.
The withdrawal or return must be sent to:
90025 Chorvátsky Grob
Consequences of return
In case of a valid return any performance received by both parties are to be returned, as are benefits derived from such performance. If you cannot return the performance entirely or partially, or only in a declined condition, you must pay compensation for the value in this respect as the case may be. This does not apply if the deterioration is due exclusively to inspection of the goods - as it would have been possible to the consumer for instance in the retail shop. Obligations for the recompensation of payments must be fulfilled within 30 days. For you the period begins with sending off the notice of withdrawal or the goods, for us the period begins with its reception.
§ 12 Refund, Costs of Return
In the case of exercising the distance selling legal right of withdrawal by the consumer, the following special rules apply:
If you cannot return the performance entirely or partially, or only in a declined condition, you must pay compensation for the value in this respect as the case may be.
This does not apply if the deterioration is due exclusively to inspection of the goods - as it would have been possible to the consumer for instance in the retail shop.
If you send back commodity from a non-EU-country (e.g. Switzerland), it is necessary that you inform us in advance about the return because of the customs law.
The seller reserves the right to change the GTC without prior notice.
In Chorvátsky Grob, 21.05.2018