Terms and Conditions

1. General provisions

1.1 These general terms and conditions govern the rights and obligations of the contracting parties arising from the purchase contract concluded between the trader, which is:

Business name: BAT-MAN, sro

Registered office: Andraščíkova 618/1, 085 01 Bardejov

Company ID: 47113618, Tax ID: 2023750245, VAT ID: SK2023750245

registered in the Commercial Register maintained by the District Court of Prešov, Section: Sro, File No.: No. 27799/P

IBAN: SK07 8330 0000 0023 0160 9468

Contact details:

tel: +421910946793

mail: info@bat-man.sk

and who, in connection with a consumer contract, an obligation arising from it or in a commercial practice, acts within the scope of his business or profession, including through another person acting in his name or on his behalf. (hereinafter referred to as "trader")

a consumer, who is a natural person who, in connection with a consumer contract, an obligation arising from it or a commercial practice, is not acting within the scope of his business activity or profession. (hereinafter referred to as the consumer or buyer)

2. General information obligations of the trader

2.1. The main features of the product are listed for each type of product offered in the form of a product description listed in the merchant's e-shop.

2.2. Business name and registered office or place of business of the trader or the person on whose behalf the trader acts: specified in point 1 of these Terms and Conditions.

2.3. Merchant's telephone number: specified in point 1 of these Terms and Conditions.

2.4. Product sales price: is stated for each product offered,

2.5. Costs of transport, delivery, postage and other costs and fees: specified in point 8. delivery conditions.

2.6. Additional costs and fees may be included in the total price if the costs and fees cannot be determined in advance. The buyer will be informed of these additional costs and fees before the contract is concluded.

2.7. Terms of performance: the trader undertakes:

- deliver the product according to the purchase contract,

- make the product available to the buyer at the location agreed in the contract,

- pack the product in appropriate packaging at the buyer's expense,

- notify the buyer within a reasonable period of time when the product will be available (the trader will continuously inform the buyer via electronic communication about the status of processing and delivery of the subject of the contract),

- bear the risk and all costs associated with the product until it is handed over to the buyer,

- enable the buyer to acquire ownership rights to the goods.

2.8. The Buyer shall take delivery of the product on time and pay the purchase price.

2.9. The moment of fulfillment of the purchase contract is the delivery of the product to the buyer and the payment of the agreed price for the product by the buyer.

2.10. The place of performance is the address specified by the buyer in the contract, where the transfer of ownership rights will also occur.

2.11. Payment terms, delivery terms and the period within which the trader undertakes to deliver or provide the product are set out in point 10 of the terms and conditions.

2.12. Existence and duration of the trader's legal liability for product defects: The trader is liable for defects that the sold product has when it is taken over by the buyer. In the case of products sold at a lower price, he is not liable for a defect for which a lower price was agreed. If the products are not perishable or used products, the trader is liable for defects that occur after the product is taken over within the warranty period (warranty). The availability of the consumer guarantee is governed by Section 626 of the Civil Code, as amended. regulations

2.13. The warranty period is 24 months. If a period of use is indicated on the product sold, its packaging or the instructions attached to it, the warranty period will not end before the expiration of this period.

2.14. Rights arising from liability for product defects for which the warranty period applies shall lapse if they are not exercised within the warranty period.

2.15. Liability rights for defects in perishable products must be exercised no later than the day following purchase; otherwise, the rights will lapse.

2.16. If it is a used product, the rights from liability for defects will expire if they have not been claimed within 24 months from the date of receipt of the used product by the buyer, or the trader and the buyer may agree on a shorter warranty period, but not shorter than 12 months.

2.17. Procedure for exercising rights under product liability:

2.17.1 A defect may be reported at any of the Seller's establishments, at another person of whom the Seller has notified the Buyer prior to the conclusion of the contract or before sending the order, or by means of distance communication at the address of the Seller's registered office or place of business or at another address of which the Seller has notified the Buyer upon conclusion of the contract or after conclusion of the contract.

2.17.2. If the buyer has complained about a defect in a postal item that the trader has refused to accept, the item is deemed to have been delivered on the date of refusal.

2.17.3. The trader shall provide the buyer with a written confirmation of the defect immediately after the buyer has pointed out the defect. In the confirmation of the defect, the trader shall state the period within which the defect shall be removed in accordance with Section 507, paragraph 1 of the Civil Code. The period notified pursuant to the preceding sentence may not be longer than 30 days from the date of pointing out the defect, unless a longer period is justified by an objective reason beyond the seller's control.

2.17.4. If the trader refuses liability for defects, he shall notify the buyer of the reasons for the refusal in writing. If the buyer proves the seller's liability for the defect by means of an expert opinion or a professional opinion issued by an accredited person, an authorized person or a notified person, he may repeatedly point out the defect and the trader may not refuse liability for the defect; repeated pointing out of the defect is not subject to Section 621, paragraph 3 of the Civil Code. The consumer's costs associated with the expert opinion and professional opinion are subject to Section 509, paragraph 2 of the Civil Code.

2.17.5. If, before concluding the contract or, if the contract is concluded based on the buyer's order, before sending the order, the trader has informed the buyer that the defects can also be attributed to another person, the act or omission of this person shall be considered, for the purposes of liability for defects, to be the act or omission of the trader.

2.17. After-sales service conditions: Given the variety of products offered and the variety of manufacturers, the trader informs the consumer that in the event of a need for service of the purchased product, he will be immediately provided with information about the person who provides service of the purchased product upon his request/ electronically or in another form/. The trader does not provide service of the offered products.

2.18. Duration of the contract: the contract is concluded for a certain period of time, namely until the end of the warranty period of the product sold.

2.20. Data on the functionality of the item with digital elements, digital content and digital service, including available technical protection measures: The trader does not sell products with digital elements or digital content.

2.21. Data on the compatibility and interoperability of the product with digital elements, digital content and digital service that are known to the trader or can reasonably be expected to be known to the trader: The trader does not sell goods with digital elements or digital content.

2.22. The Buyer has the right to contact the Seller with a request for redress if he is not satisfied with the way in which the Seller has handled his complaint or if he believes that the Seller has violated his rights. The Buyer has the right to submit a proposal for the initiation of alternative dispute resolution (hereinafter referred to as the "proposal") to the alternative dispute resolution entity if the Seller has responded negatively to the request for redress or has not responded to it within 30 days from the date of its sending.

2.23. The subject of alternative dispute resolution is the Slovak Trade Inspection, except for disputes arising from contracts for connection to the distribution system, contracts for connection to the distribution network, contracts for joint electricity supply, contracts for joint gas supply, contracts for heat supply and consumption, contracts for drinking water supply and contracts for wastewater disposal concluded with an entity performing regulated activities under a special regulation, except for disputes arising from contracts for the provision of financial services, disputes arising from contracts for the provision of public services that relate to the quality and price of services, and except for contracts for the provision of postal services that relate to postal services and postal payment transactions.

2.24. The subjects of alternative dispute resolution are also authorized legal entities published on the website: ww.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1 .

2.25. The consumer shall not pay a different selling price for the product than that stated for the offered product. In the event that the selling price of the product is actually different, the buyer shall be obliged to pay this price only if he has expressly agreed to this payment before concluding the contract or before sending the order, if the contract is concluded based on the buyer's order. The trader shall not offer the buyer default options that require the consumer to take action to reject them in order to avoid paying additional costs.

2.26. The above information in points 2.22.- 2.25. is also published on the trader's website in the section: Instructions and information for consumers.

3. Specific information obligations of the trader in the case of a distance contract and a contract concluded outside the trader's premises

3.1. Merchant's email address: objednavky@bat-man.sk

3.2. Other means of online communication: SMS to the phone number: 0903849992 (+421903849992)

3.3. The trader acts only in his own name and at his own risk and the consumer may exercise rights arising from liability for product defects, withdraw from the contract, request for redress or submit another complaint at the address specified in point 1 of the Terms and Conditions.

3.4. The selling price for a specific consumer or for a group of consumers is determined on the basis of automated decision-making, including any form of automated processing of personal data, which consists of the use of personal data of a consumer or a group of consumers to evaluate certain personal aspects relating to a natural person, in particular the analysis or prediction of aspects of the natural person concerned relating to his/her performance at work, financial situation, health, personal preferences, interests, reliability, behaviour, location or movements;

3.5. Price at an increased rate for the use of means of distance communication used when concluding the contract: 0.00 euros

3.6. Right to withdraw from a distance contract and a contract concluded outside the trader's premises

3.6.1 The consumer has the right to withdraw from a contract concluded at a distance and from a contract concluded outside the trader's premises without giving a reason within the period pursuant to Section 20, paragraphs 1 to 3 of Act No. 108/2024 Coll., except for a contract the subject of which is: a/ the provision of a service, if

the service has been fully provided and
the provision of the service began before the expiry of the withdrawal period with the express consent of the consumer and the consumer declared that he was duly informed that by expressing consent he loses the right to withdraw from the contract after the service has been fully provided, if the consumer is obliged to pay the price under the contract,

b/ delivery or provision of a product whose price depends on price movements on the financial market, which the trader cannot influence and which may occur during the withdrawal period,

c/ delivery of goods manufactured according to the consumer's specifications or custom-made goods,

d/ delivery of goods that are subject to rapid deterioration or spoilage,

e/ delivery of goods enclosed in protective packaging that is not suitable for return due to health protection or hygiene reasons, if the protective packaging was broken after delivery,

f/ delivery of goods which, due to their nature, may be inseparably mixed with other goods after delivery,

g/ delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, whereby their delivery can be carried out after 30 days at the earliest and their price depends on price movements on the market, which the trader cannot influence,

h/ carrying out urgent repairs or maintenance during a visit to the consumer, which the consumer has expressly requested from the trader; this does not apply to a contract the subject of which is the provision of a service other than repair or maintenance, and to a contract the subject of which is the supply of goods other than spare parts necessary for carrying out repairs or maintenance, if the contracts were concluded during a visit to the consumer by the trader and the consumer did not order these goods or services in advance,

i/ delivery of sound recordings, video recordings, audiovisual recordings or software in protective packaging that was broken after delivery,

j/ delivery of periodicals, except for delivery under a subscription contract,

k/ goods purchased at a public auction,

l/ provision of accommodation services for purposes other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities, if, according to the contract, the trader is to provide these services at a precisely agreed time or within a precisely agreed period,

m/ supply of digital content that the trader supplies otherwise than on a tangible medium, if

digital content delivery has begun and
the consumer has given explicit consent to the commencement of the supply of the digital content before the expiry of the withdrawal period, has declared that he has been duly informed that by giving consent he loses the right to withdraw from the contract by the commencement of the supply of the digital content, and the trader has provided the consumer with confirmation pursuant to Section 17(12)(b) or (13)(b), if the consumer is obliged to pay the price under the contract.

3.6.2. The consumer has the right to withdraw from the contract even without giving a reason within the period pursuant to Section 20, paragraph 1, letter b), paragraph 2, letter b) and paragraph 3, if the consumer and the trader concluded the contract pursuant to paragraph 1, letters a) to c) or letter e) at a sales event or during an unsolicited visit.

3.6.3. The consumer loses the right to withdraw from a contract concluded at a distance or outside the trader's premises, the subject of which is the performance of a repair, at the moment of the complete provision of the service, if the consumer has expressly requested the trader to visit for the purpose of performing the repair and the performance has begun with the consumer's prior express consent.

4. Exercise of the right to withdraw from a distance contract and a contract concluded outside the trader's premises.

4.1. The consumer may withdraw from a distance contract and a contract concluded outside the trader's premises without giving any reason within the period of:

a) 14 days from the date of:

1. receipt of goods by the consumer - the goods are considered to be received by the consumer at the moment when the consumer or a third party designated by him, except for the carrier, receives all parts of the ordered goods, or if:

- goods ordered by the consumer in one order are delivered separately, at the moment of receipt of the goods that were delivered last,

- delivers goods consisting of several parts or pieces, at the moment of taking over the last part or last piece,

- delivers goods repeatedly over a certain period of time, upon receipt of the first goods.

2. conclusion of a contract, the subject of which is the provision of a service,

3. conclusion of a contract for the supply of digital content that the trader supplies otherwise than on a tangible medium,

b) 30 days from the date of conclusion of the contract in the event of or in connection with an unsolicited visit or at or in connection with a sales event.

4.2. If the trader provides the consumer with information about the consumer's right to withdraw from the contract pursuant to Section 19, paragraph 1, Act No. 108/2024 Coll., the conditions, period and procedure for exercising the right to withdraw from the contract and the trader also provides the consumer with a model withdrawal form pursuant to Annex No. 2 of Act No. 108/2024 Coll., only subsequently, but no later than 12 months from the start of the withdrawal period pursuant to paragraph 1, the consumer may withdraw from a distance contract or a contract concluded outside the trader's premises by:

a) 14 days from the date on which the trader additionally fulfilled the information obligation, if the period pursuant to paragraph 1 letter a) has expired, or
b) 30 days from the date on which the trader additionally fulfilled the information obligation, if the period pursuant to Section 19, paragraph 1, letter b) of Act No. 108/2024 Coll.

4.3. If the trader does not provide the consumer with information on the consumer's right to withdraw from the contract pursuant to Section 19, paragraph 1, Act No. 108/2024 Coll., the conditions of Act No. 108/2024 Coll., the period and procedure for exercising the right to withdraw from the contract, and the trader does not provide the consumer with a model withdrawal form pursuant to Annex No. 2 of the Act or pursuant to Section 20, paragraph 2 of the Act, the consumer may withdraw from a distance contract or a contract concluded outside the trader's business premises within 12 months of the expiry of the period pursuant to Section 20, paragraphs 1 to 3 of Act No. 108/2024 Coll., except for a contract the subject of which is:

a) provision of a service if:

the service has been fully provided and
the provision of the service began before the expiry of the withdrawal period with the express consent of the consumer and the consumer declared that he was duly informed that by expressing consent he loses the right to withdraw from the contract after the service has been fully provided, if the consumer is obliged to pay the price under the contract,

b) the delivery or provision of a product whose price depends on price movements on the financial market, which the trader cannot influence and which may occur during the withdrawal period,

c) delivery of goods manufactured according to the consumer's specifications or custom-made goods,

d) delivery of goods that are subject to rapid deterioration or spoilage,

e) delivery of goods enclosed in protective packaging that is not suitable for return for health protection or hygiene reasons, if the protective packaging was broken after delivery,

f) the supply of goods which, due to their nature, may be inseparably mixed with other goods after delivery,

g) delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, whereby their delivery can be carried out after 30 days at the earliest and their price depends on price movements on the market, which the trader cannot influence,

h) carrying out urgent repairs or maintenance during a visit to the consumer, which the consumer has expressly requested from the trader; this does not apply to a contract the subject of which is the provision of a service other than repair or maintenance, and to a contract the subject of which is the supply of goods other than spare parts necessary for carrying out repairs or maintenance, if the contracts were concluded during a visit to the consumer by the trader and the consumer did not order these goods or services in advance,

i) delivery of sound recordings, video recordings, audiovisual recordings or software in protective packaging that was broken after delivery,

j) delivery of periodicals, except for delivery under a subscription contract,

k) goods purchased at a public auction,

l) provision of accommodation services for purposes other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities, if, according to the contract, the trader is to provide these services at a precisely agreed time or within a precisely agreed period,

m) the supply of digital content that the trader supplies otherwise than on a tangible medium, if:

digital content delivery has begun and
the consumer has given explicit consent to the commencement of the supply of digital content before the expiry of the withdrawal period, has declared that he has been duly informed that by expressing consent he loses the right to withdraw from the contract by the commencement of the supply of digital content, and the trader has provided the consumer with a confirmation of the consumer's declaration pursuant to Section 17, paragraph 10, letter b) of the Act and a confirmation of the consumer's explicit consent pursuant to Section 17, paragraph 10, letter c) of the Act or pursuant to Section 17, paragraph 15 of Act No. 251/2012 Coll., if the consumer has provided them, or Section 17, paragraph 13, letter b) of the Act, if the consumer is obliged to pay the price under the contract.

4.4. The consumer has the right to withdraw from the contract even without giving a reason within the period pursuant to Section 20, paragraph 1, letter b), paragraph 2, letter b) and paragraph 3, of Act No. 108/2024 Coll., if the consumer and the trader concluded a contract pursuant to Section 19, paragraph 1, letters a) to c) or letter e) of Act No. 108/2024 Coll. at a sales event or during an unsolicited visit.

4.5. The consumer loses the right to withdraw from a contract concluded at a distance or outside the trader's premises, the subject of which is the performance of a repair, at the moment of the complete provision of the service, if the consumer has expressly requested the trader to visit for the purpose of performing the repair and the performance has begun with the consumer's prior express consent.

Procedure for exercising the right to withdraw from the contract: in the folder withdrawal form, in addition to the withdrawal form https://www.bat-man.sk/user/documents/upload/Dokumenty/Formular_na_odstupenie_od_zmluvy.docx

they also find instructions

https://www.bat-man.sk/user/documents/upload/Dokumenty/Poucenie_o_prave_spotrebitela_na_odstupenie_od_zmluvy.docx

how to fill out the form and deliver it to the trader in order to exercise the right of withdrawal.

4.6. The consumer is obliged to bear the costs of returning the goods after withdrawal from the contract pursuant to Section 19, paragraph 1, Act No. 108/2024 Coll., and if the consumer withdraws from a distance contract, he is also obliged to bear the costs of returning the goods, which, due to their nature, cannot be returned by post,

4.7. The consumer is not entitled to withdraw from a contract the subject of which is:

a) provision of a service, if

the service has been fully provided and
the provision of the service began before the expiry of the withdrawal period with the express consent of the consumer and the consumer declared that he was duly informed that by expressing consent he loses the right to withdraw from the contract after the service has been fully provided, if the consumer is obliged to pay the price under the contract,

b) the delivery or provision of a product whose price depends on price movements on the financial market, which the trader cannot influence and which may occur during the withdrawal period,

c) delivery of goods manufactured according to the consumer's specifications or custom-made goods,

d) delivery of goods that are subject to rapid deterioration or spoilage,

e) delivery of goods enclosed in protective packaging that is not suitable for return for health protection or hygiene reasons, if the protective packaging was broken after delivery,

f) the supply of goods which, due to their nature, may be inseparably mixed with other goods after delivery,

i) delivery of sound recordings, video recordings, audiovisual recordings or software in protective packaging that was broken after delivery,

j) delivery of periodicals, except for delivery under a subscription contract,

k) goods purchased at a public auction,

m) the supply of digital content that the trader supplies otherwise than on a tangible medium, if

digital content delivery has begun and
the consumer has given explicit consent to the commencement of the supply of digital content before the expiry of the withdrawal period, has declared that he has been duly informed that by expressing consent he loses the right to withdraw from the contract by the commencement of the supply of digital content, and the trader has provided the consumer with confirmation pursuant to Section 17(12)(b) or (13)(b) of Act No. 108/2024 Coll., if the consumer is obliged to pay the price under the contract.

4.8. Minimum duration of the consumer's obligation: until the time of receipt of the product.

4.8.1. The consumer is obliged to take over the subject of the contract, either personally or through an authorized person upon delivery, which was agreed with him in advance. The duration of this obligation is until the time of taking over the subject of the contract.

4.8.2. The consumer has an obligation to pay for the subject matter of the contract. The duration of this obligation is at the latest upon delivery of the subject matter of the contract.

4.8.3. Information on the consumer's obligation to pay an advance payment or provide other financial security: If the trader asks the consumer to pay an advance payment or provide other financial security because the subject of the contract needs to be modified at the consumer's request, procured with other properties than those specified in the offered product, or manufactured according to the consumer's requirements, the consumer is obliged to pay an advance payment or provide other financial security in the amount determined by mutual agreement to the trader's account specified in point 1 of these terms and conditions.

4.8.4. Instructions on exercising the consumer's right to withdraw from a distance contract and a contract concluded outside the trader's premises: is provided in the link / https://www.bat-man.sk/ instructions on exercising the consumer's right to withdraw from a contract /

4.8.5. The information provided above forms an integral part of the distance contract or the contract concluded outside the trader's premises and may only be changed with the express consent of both parties.

4.8.6. The trader is obliged to ensure, at the latest at the beginning of the order creation process by the consumer, that the online interface is marked with clear and legible information about any restrictions on the delivery or provision of the product and information about the payment methods that the consumer can use to pay the price.

4.8.7. In the case of a contract concluded remotely via electronic means, the trader shall, immediately before sending the order to the consumer, explicitly, clearly and intelligibly provide information according to:

- § 5 (1) (a): the main characteristics of the product to an extent appropriate to the type and nature of the product are stated in writing for each product offered,

- § 5 par. 1 letter d) of Act No. 108/2024 Coll., : the selling price of the product is stated for each offered product. In the event that, due to the nature of the product, the selling price cannot be determined in advance, the selling price is calculated as follows: PC = /the trader's costs for the acquisition or production of the product/ + /the trader's trade margin/ x VAT in the amount specified by law.

The costs of transportation, delivery, postage and other costs and fees are listed in the Delivery Terms section.

- according to Section 5, paragraph 1, letter i) of Act No. 108/2024 Coll.: duration of the contract: until the end of the warranty period of the subject of the contract,

- if it is a contract concluded for a certain period of time, or the conditions for terminating the contract, if it is a contract concluded for an indefinite period of time or a contract whose validity is automatically extended/not implemented/

4.8.9. The trader has ensured that the consumer, when submitting the order, explicitly confirms that he/she is aware of the obligation to pay the price. To submit the order, it is necessary to press the “order with payment obligation” button in the “order confirmation” step, which clearly states that submitting the order includes the consumer’s obligation to pay the price.

4.8.10. Additional costs and fees may be included in the total price if the costs and fees cannot be determined in advance.

4.8.11. The consumer is obliged to bear the costs of returning the goods after withdrawal from the contract pursuant to Section 19, paragraph 1 of Act No. 108/2024 Coll., and if the consumer withdraws from a distance contract, also the costs of returning the goods which, due to their nature, cannot be returned by post.

4.8.12. The consumer may withdraw from a distance contract or a contract concluded outside the trader's business premises, the subject of which is the delivery of goods, even before the withdrawal period begins to run.

4.8.13. The consumer may exercise the right to withdraw from a distance contract or from a contract concluded outside the trader's business premises in written form or in the form of a record on another durable medium and if the contract was concluded orally, any clearly formulated statement of the consumer expressing the consumer's will to withdraw from the contract (hereinafter referred to as the "notice of withdrawal from the contract") is sufficient to exercise the consumer's right to withdraw from the contract. The consumer may use the model form for withdrawal from the contract according to Annex No. 2 of Act No. 108/2024 Coll.

4.8.13. The period for withdrawal from the contract pursuant to Section 20, paragraphs 1 to 3 of Act No. 108/2024 Coll. is deemed to have been observed if the consumer sends a notice of withdrawal from the contract to the trader no later than the last day of the period.

4.8.14. In case of doubt about delivery, the notice of withdrawal from the contract sent by the consumer shall be deemed to have been delivered after the expiry of a period appropriate to the method of delivery used, if the consumer can prove that the notice of withdrawal from the contract was sent to the address notified to the consumer by the trader pursuant to Section 5, paragraph 1, letter b) or Section 15, paragraph 1, letters a) to c) of Act No. 108/2024 Coll., or to another address notified to the consumer by the trader after the conclusion of the contract. The notice of withdrawal from the contract shall be deemed to have been delivered on the date of its dispatch to the trader to the address pursuant to the first sentence, if the postal item containing the notice of withdrawal from the contract cannot be delivered to the trader for reasons pursuant to Section 34, paragraph 3, letters a, b, d, of Act No. 324/2011 Coll. on postal services, as amended.

4.8.15. The trader is obliged to provide the consumer with a confirmation of receipt on a durable medium without delay after receiving the notice of withdrawal from the contract, if the consumer has withdrawn from the contract using a special function or withdrawal form available in the trader's online interface.

4.8.16. The consumer may withdraw from the contract only in relation to a specific product or products if the trader has supplied or provided multiple products under a distance contract or an off-premises contract.

4.8.17. The effects of withdrawal from a distance contract or a contract concluded outside the trader's premises also apply to any supplementary contract to the contract from which the consumer has withdrawn; this does not apply if the parties expressly agree on the further duration of the supplementary contract.

4.8.18. An ancillary contract pursuant to paragraph 11 means any contract for the delivery or provision of an additional product that is related to the subject matter of a distance contract or an off-premises contract, regardless of whether the product is delivered or provided by the trader or by another person under an agreement with the trader.

4.8.19. In connection with the termination of a supplementary contract pursuant to Section 20, paragraph 11 of Act No. 108/2024 Coll., a trader or another person may only demand from the consumer the payment of costs pursuant to Section 21, paragraphs 3 and 5 and Section 22, paragraph 3 of Act No. 108/2024 Coll.

4.8.20. The burden of proof regarding the exercise of the right to withdraw from the contract lies with the consumer.

5. Instructions on exercising the consumer's right to withdraw from a distance contract and a contract concluded outside the trader's premises.

5.1. Right to withdraw from the contract

5.1.1. The consumer has the right to withdraw from this contract without giving a reason within 14 days from the date of receipt of the goods by the consumer pursuant to Section 20, paragraph 4 of Act No. 108/2024 Coll.: The goods are deemed to have been received by the consumer at the moment when the consumer or a third party designated by him, except for the carrier, takes over all parts of the ordered goods, or if

a) goods ordered by the consumer in one order are delivered separately, at the moment of receipt of the product that was delivered last,

b) delivers a product consisting of several parts or pieces, at the moment of taking over the last part or last piece,

c) the product is delivered repeatedly over a certain period of time, upon receipt of the first product/

5.1.2. The withdrawal period expires 14 days from the day on which the consumer or a third party designated by the consumer, other than the carrier, takes possession of the goods.

5.1.3. When exercising the right to withdraw from the contract, the consumer shall inform the trader of his decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or e-mail) to the address: Andraščíkova 618/1, 08501 Bardejov, Slovakia tel: +421903849992, email: objednavky@bat-man.sk /For this purpose, he may also use the sample withdrawal form that was handed over or sent, but its use is not mandatory. /

5.1.4. If the consumer is interested, he or she may fill in and send the model withdrawal form or any other clear declaration of withdrawal electronically via the trader's website: https://www.bat-man.sk/ If the consumer uses this option, acceptance of the withdrawal from the contract will be confirmed to him or her immediately on a durable medium (for example, by e-mail).

5.1.5. The withdrawal period is maintained if the consumer sends a notification of the exercise of the right of withdrawal before the withdrawal period expires.

5.2. Consumer rights and obligations after withdrawal from a distance contract and a contract concluded outside the trader's premises

5.2.1. The consumer is obliged to return the goods or hand them over to the trader or to a person designated by the trader to collect the goods within 14 days from the date of withdrawal from the distance contract or from the contract concluded outside the trader's premises pursuant to Section 19(1) of Act No. 108/2024 Coll.; this does not apply if the trader proposes to collect the goods in person or through a person designated by him. The period pursuant to the first sentence is deemed to have been met if the consumer sends the goods to the trader no later than the last day of the period.

5.2.2. The consumer is entitled to refuse to return goods purchased under a contract concluded during an unsolicited visit, at a sales event or in connection with it, until the trader refunds the price paid to the consumer.

5.2.3. When withdrawing from a distance contract or a contract concluded outside the trader's premises pursuant to Section 19(1) of Act No. 108/2024 Coll., the consumer shall only bear the costs of returning the goods to the trader or to a person designated by the trader to take over the goods; this does not apply if the trader has agreed to bear the costs himself or if the trader has not fulfilled the information obligation pursuant to Section 15(1)(g) of Act No. 108/2024 Coll.

5.2.4. The consumer is liable for any diminished value of the goods resulting from handling of the goods that goes beyond the handling necessary to establish the properties and functionality of the goods; this does not apply if the trader has failed to comply with the information obligation pursuant to Section 15(1)(f) of Act No. 108/2024 Coll.

5.2.5. The consumer is obliged to pay the trader the price for the performance actually provided by the date of delivery of the notice of withdrawal from the contract, if the consumer, pursuant to Section 19, paragraph 1 of Act No. 108/2024 Coll., withdraws from a distance contract or a contract concluded outside the trader's business premises, the subject of which is the provision of a service, the supply of water that is not for sale in a limited volume or in a specified quantity, or the supply of heat, and before the start of the provision of the performance, he has given his explicit consent pursuant to Section 17, paragraph 10, letter c) of Act No. 108/2024 Coll. The price for the performance actually provided is calculated proportionally based on the total price agreed in the contract. The price for the performance actually provided is calculated based on the market price of the performance provided, if the total price agreed in the contract is overvalued.

5.2.6. The consumer shall not incur any further obligations or costs from exercising the right to withdraw from a contract concluded at a distance or from a contract concluded outside the trader's premises pursuant to Section 19, paragraph 1 of Act No. 108/2024 Coll., except for the obligations pursuant to Section 21, paragraphs 1, 3 to 5 of Act No. 108/2024 Coll. and the obligation to pay additional costs pursuant to Section 22, paragraph 3 of Act No. 108/2024 Coll.

5.3. Rights and obligations of the trader after the consumer withdraws from a distance contract
and from a contract concluded outside the trader's premises

5.3.1. The trader is obliged to refund to the consumer, within 14 days from the date of receipt of the notice of withdrawal from the contract, all payments received from the consumer based on or in connection with a distance contract, an off-premises contract or an ancillary contract, including the costs of transport, delivery, postage and other costs and fees.

5.3.2. The trader is obliged to refund all payments to the consumer pursuant to Section 22, paragraph 1 of Act No. 108/2024 Coll. to the extent corresponding to the withdrawal from the contract, unless the consumer has withdrawn from the entire contract concluded at a distance or from the entire contract concluded outside the trader's premises. The trader may not charge the consumer additional costs for transport, delivery, postage and other costs and fees.

5.3.3. The trader is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a method of delivery other than the cheapest common method of delivery offered by the trader. Additional costs are understood to be the difference between the costs of delivery chosen by the consumer and the costs of the cheapest common method of delivery offered by the trader.

5.3.4. The trader cannot demand from the consumer reimbursement of costs for

a/ provision of a service, supply of water that is not for sale in a limited volume or in a specified quantity, or for the supply of heat during the period for withdrawal from the contract pursuant to Section 20, paragraphs 1 to 3 of Act No. 108/2024 Coll., regardless of the scope of the performance provided, if

the trader has not provided the consumer with information pursuant to Section 15(1)(f) or (h) of Act No. 108/2024 Coll. or
the consumer has not given the trader explicit consent to start providing the service or supplying water or heat pursuant to Section 17(10)(c) of Act No. 108/2024 Coll.

b/ full or partial supply of digital content that the trader supplies otherwise than on a tangible medium, if

the consumer has not given the trader explicit consent to commence the supply of digital content pursuant to Section 17(10)(c) of Act No. 108/2024 Coll.
the consumer has not declared that he has been properly informed that by expressing consent under the first point he loses the right to withdraw from the contract, or
the trader did not provide the consumer with a confirmation pursuant to Section 17, paragraph 12, letter b) or paragraph 13, letter b) of Act No. 108/2024 Coll.

5.3.5. When withdrawing from a contract concluded at a distance or from a contract concluded outside the trader's premises, the subject of which is the delivery of goods, the trader is not obliged to return payments to the consumer pursuant to Section 22, paragraph 1 of Act No. 108/2024 Coll. before the goods are delivered to him or until the consumer proves that the goods have been sent back to the trader, unless the trader proposes that the goods be collected in person or through a person designated by him.

5.3.6. The trader is obliged to refund payments to the consumer pursuant to Section 22, paragraph 1 of Act No. 108/2024 Coll. in the same manner as the consumer used to pay them; this does not affect the trader's right to agree with the consumer on another method of payment, provided that the consumer is not charged any fees in connection with the payment.

5.3.7. The trader is obliged to ensure the collection of the goods at his own expense within the period pursuant to Section 22, paragraph 1, of Act No. 108/2024 Coll. if, based on a contract concluded outside the trader's premises, the goods were delivered to the consumer's home at the time of conclusion of the contract and, taking into account the nature of the goods, it is not possible to send the goods back to the trader by post.

5.3.8. Unilateral offsetting of claims between the trader and the consumer arising from withdrawal from the contract pursuant to Section 19, paragraph 1, of Act No. 108/2024 Coll. is prohibited.

5.3.9. Withdrawal from a distance contract or a contract concluded outside the trader's premises, the subject of which is digital content or a digital service, is subject to Section 852m, paragraphs 3, 5 to 8 of the Civil Code.

6. Subject of the contract

6.1. The subject of the contract is only the items of goods explicitly stated in the purchase contract - order. The quantity, dimensions, properties, prices, and other data contained on the merchant's website, catalogs, brochures, and other printed materials are binding data.

6.2. The merchant undertakes to supply buyers with:

– a product without defects in accordance with the specification or with the characteristics usual for the type of goods,

– a product that complies with the standards, regulations and orders valid in the territory of the Slovak Republic,

– a product equipped with Slovak operating and usage instructions, safety warnings, warranty certificates and lists of post-warranty repair shops, if this is usual for the given type of product.

6.3. Requirements for the product sold

6.3.1. The product sold must comply with the agreed requirements:

a) corresponds to the description, type, quantity and quality specified in the contract,
b) it is suitable for a specific purpose, which the buyer informed the trader about at the latest when concluding the contract and to which the trader agreed,

c) it is characterized by the ability to perform the functions defined in the contract with regard to its purpose,

d) it is characterized by the ability, as defined in the contract, to function with hardware or software with which a thing of the same type is commonly used, without the need to change the thing sold, hardware or software ("compatibility"), and by the ability, as defined in the contract, to function with hardware or software different from those with which a thing of the same type is commonly used ("interoperability"),

e) it is characterized by other characteristics defined in the contract,

f) is delivered with all accessories specified in the contract,

g) is supplied with instructions for use, including assembly and installation instructions, as defined in the contract, and

h) the updates specified in the contract are delivered, if it concerns a thing with digital elements, and the general requirements if:

a) it is suitable for all purposes for which a thing of the same type is normally used, taking into account in particular the legal regulations, technical standards or codes of conduct applicable to the relevant sector, if technical standards have not been drawn up,

b) corresponds to the description and quality of the sample or model that the seller made available to the buyer before the conclusion of the contract,

c) is delivered with accessories, packaging and instructions, including assembly and installation instructions, that the buyer can reasonably expect, and

d) is supplied in the quantity, quality and with the properties, including functionality, compatibility, safety and the ability to maintain its functionality and performance ("lifespan") in normal use, which are normal for a thing of the same type and which the buyer can reasonably expect given the nature of the thing sold and taking into account any public statement by the seller or another person in the same supply chain, including the manufacturer, or on their behalf, in particular when promoting the thing or on its label; the manufacturer is considered to be the manufacturer of the thing, the importer of the thing to the European Union market from a third country or another person who identifies himself as the manufacturer by placing his name, trademark or other distinguishing mark on the thing.

6.3.2. According to Section 615, Paragraph 2 of the Civil Code, as amended, a product may not be in conformity with general requirements if, upon conclusion of the contract, the trader expressly informed the buyer that a certain property of the thing does not comply with general requirements, and the buyer expressly and separately agreed to the non-conformity.

7. METHOD OF CONCLUSION OF THE PURCHASE CONTRACT

7.1. The contract is concluded after the binding acceptance of the buyer's order by the trader via agreed electronic communication and the confirmation by the trader to the buyer of the acceptance of the order after the previous acceptance of the order by the buyer is marked as "order confirmation".

7.2. Binding acceptance of the order contains information about the name and specification of the product, the sale of which is the subject of the purchase contract, information about the price of the product and/or other services, the name and information about the place where the product is to be delivered and information about the price, conditions, method and date of transport of the product to the agreed place of delivery of the goods to the buyer, or other information.

8. DELIVERY TERMS

The delivery charges are as follows:

8.1. Cash on delivery by courier service : €1.90 including VAT.

8.2. Courier delivery:

Zásielkovňa Slovakia - delivery to the delivery point up to 5 kg:	3.00 EUR
DPD courier - weight up to 2 kg:	3.90 EUR
DPD courier - weight 2 - 10 kg:	4.20 EUR
DPD courier - weight 10 – 20 kg:	6.00 EUR
DPD courier - weight 20 – 30 kg:	8.40 EUR
DPD courier - weight 30 – 40 kg:	10.80 EUR
DPD courier - weight 40 – 60 kg:	15.60 EUR
DPD courier - weight 60 – 80 kg:	20.40 EUR
Courier Geis or DPD - weight over 80 kg - individual price calculation according to the offer	by agreement

Prices are listed with 23% VAT.

These fees will be automatically added when the order is confirmed and the buyer can also clearly see them in the order list/overview before sending it.

8.3. For orders where there is also the option to send the content by e-mail, shipping is FREE.

8.4. The price of delivery of goods is valid within the territory of the Slovak Republic. When sending goods abroad, shipping costs are calculated individually based on the contract on the price of shipping outside the territory of the Slovak Republic.

8.5 The Buyer is obliged to pay the Seller the purchase price of the goods agreed in the purchase contract at the time of conclusion of the purchase contract, including the costs of delivering the goods (hereinafter referred to as the "purchase price") pursuant to Act No. 18/1996 Coll., as amended, in the form of:

by transfer order or deposit to the seller's account maintained with the bank specified in point 1, based on the advance invoice sent by the system after receiving the order, or based on the data sent by the seller to the buyer.
cash on delivery upon receipt of goods from the courier

8.6. If the buyer pays the purchase price to the merchant by bank transfer, the day of payment is considered the day on which the entire purchase price was credited to the seller's account IBAN: SK07 8330 0000 0023 0160 9468, VS: order number.

8.7. The buyer is obliged to pay the merchant the purchase price for the agreed product within the period specified in the purchase contract, but no later than upon receipt of the product.

8.8. If the buyer pays the merchant the purchase price for the product agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand a refund of the purchase price only in accordance with the applicable legal regulations of the Slovak Republic.

8.9. In the event that the buyer does not pay the merchant the full purchase price upon receipt of the product, the contracting parties have agreed that the merchant is entitled to withdraw from the purchase contract and demand compensation from the buyer for the costs incurred for ordering and delivering the unpaid product.

8.10. The costs associated with delivery are not included in the purchase price of the product and the merchant is not obliged to provide these services to the buyer.

8.11. The prices of products listed on the merchant's website are valid at the time of ordering the product. The prices listed in the merchant's printed price list are valid until a new price list is issued.

8.12.. The purchase price will be considered paid by crediting the entire purchase price to the merchant's account, in the case of payment by transfer to the merchant's account, or by paying cash to the courier.

8.13. The merchant reserves the right of ownership to the product until the purchase price has been paid in full.

8.14. The purchase document issued on the basis of a purchase contract between the merchant and the buyer is also a tax document.

8.15. The buyer can only take over the product after full payment, unless otherwise agreed.

8.16. The price of the product is added to the price of the product, as stated above in point 8.2.

8.17. Products are sold according to the displayed samples, catalogs, type sheets and sample books of the merchant placed on the merchant's e-commerce website.

8.18. Unless the trader and the consumer agree otherwise, the trader undertakes to deliver or provide the product to the consumer within 30 days of order confirmation.

8.19. The Buyer shall collect the product at the location specified in the Merchant's acceptance of the Buyer's order.

8.20. The place of delivery of the product is the place specified in the acceptance of the order by the seller, unless the parties agree otherwise in the purchase contract.

8.21. In the event that the trader delivers the product to the buyer at the location specified in the purchase contract by the buyer, the buyer shall take over the product in person or ensure that the product is taken over by a person whom he/she authorizes in the event of his/her absence to take over the product specified in the purchase contract and sign the protocol on delivery and handover of the product. The third person authorized to take over the product specified in the purchase contract shall submit to the trader the original or copy of the purchase contract and proof of payment for the product / if payment preceded the delivery of the product / and a written power of attorney. If it is necessary to repeat the delivery of the goods due to the buyer's absence at the location specified in the purchase contract, all costs incurred in this regard shall be borne by the buyer, in particular the repeated delivery of the product to the destination in the purchase contract. The product is considered delivered at the moment of delivery of the product to the address specified in the binding acceptance of the order and taken over at the moment of physical receipt of the product by the buyer, or by his authorized representative or by refusing to accept the product, which the carrier will indicate in the product delivery and handover protocol.

8.22. If the trader fails to fulfil the contract because he cannot deliver the ordered product or provide the service, he is obliged to inform the consumer immediately and to refund the price paid for the product or the advance payment within 14 days, unless the trader and the consumer agree on a substitute performance. If the trader and the consumer do not agree on a substitute performance, the trader is obliged to reimburse all proven costs incurred by the consumer for ordering the product or services. In the case of a substitute performance, the trader is obliged to deliver the product or provide the service to the consumer of the same quality and price.

9. ACQUISITION OF OWNERSHIP AND TRANSFER OF RISK OF DAMAGE TO THE GOODS

Ownership of the sold product and the risk of accidental destruction, accidental deterioration and loss of the product passes to the buyer at the moment of delivery.

10. COPYRIGHT

11. Liability for defects

11.1. Defects in the product sold

The product sold is defective if it does not comply with the requirements of Section 615 of the Civil Code, as amended, or if its use is prevented or restricted by the rights of a third party, including intellectual property rights.

11.2. Liability for defects

11.2.1. The trader is liable for any defect that the product sold has at the time of its delivery and which becomes apparent within two years of the delivery of the product.

11.2.2. If the subject of the purchase is a product with digital elements, where the digital content is to be supplied or the digital service is to be provided continuously during the agreed period, the trader is liable for any defect in the digital content or digital service that occurs or becomes apparent during the entire agreed period, but at least for two years from the delivery of the item with digital elements.

11.2.3. In the case of a used product, the parties may agree on a shorter period of the seller's liability for defects than in paragraphs 1 and 2, but not shorter than one year from the delivery of the product.

11.2.4. The trader is liable for a defect caused by incorrect assembly or installation of the product, digital content or digital service if

(a) the assembly or installation was part of the purchase contract and was carried out by the trader or under his responsibility, or

(b) the assembly or installation that was to be carried out by the buyer was carried out incorrectly by the buyer due to deficiencies in the assembly or installation instructions provided to him by the trader or supplier of the digital content or digital service.

11.2.5. The trader is not liable for a defect in a product with digital elements that was caused exclusively by failure to install an update pursuant to Section 617, Paragraph 3, of the Civil Code, as amended, if the buyer did not install the update within a reasonable period after its delivery and

a) the trader informed the buyer about the availability of the update and the consequences of not installing it, and

b) the failure to install or incorrect installation of the update by the buyer was not caused by deficiencies in the installation instructions provided.

11.3. Burden of proof

11.3.1. If the defect becomes apparent before the expiry of the period pursuant to Section 619, paragraphs 1 to 3, of the Civil Code, as amended, it is assumed that the product already had a defect at the time of delivery. This does not apply if the contrary is proven or if this assumption is incompatible with the nature of the product or defect.

11.3.2. If the subject of the purchase is a product with digital elements, where the digital content is to be supplied or the digital service is to be provided continuously during the agreed period, the trader bears the burden of proof that the digital content has been supplied or the digital service has been provided without defects during the period pursuant to Section 619, paragraph 2, of the Civil Code, as amended.

11.4. Rights arising from liability for defects

11.4.1. If the trader is liable for a defect in the product sold, the buyer has the right to have the defect removed by repair or replacement (Section 623 of the Civil Code, as amended), the right to an appropriate discount on the purchase price, or the right to withdraw from the purchase contract (Section 624 of the Civil Code, as amended).

11.4.2. The Buyer may refuse to pay the purchase price or part thereof until the Trader has fulfilled its obligations arising from liability for defects, unless the Buyer is in default of payment of the purchase price or part thereof at the time of the defect being pointed out. The Buyer shall pay the purchase price without undue delay after the Trader has fulfilled its obligations.

11.4.3. The buyer may exercise rights arising from liability for defects, including the right to refuse to pay the purchase price or part thereof, until the trader has fulfilled its obligations arising from liability for defects, unless the buyer is in default of payment of the purchase price or part thereof at the time of notification of the defect, only if he notified the defect within two months of discovering the defect, at the latest by the expiry of the period pursuant to Section 619, paragraphs 1 to 3, of the Civil Code, as amended. The provision of Section 509 of the Civil Code, as amended. shall apply equally.

11.4.4. The exercise of rights under liability for defects does not exclude the buyer's right to compensation for damage incurred as a result of the defect.

11.5. Defect detection

11.5.1. The defect may be reported at any of the trader's establishments, at another person of whom the trader has notified the buyer before concluding the contract or before sending the order, or by means of distance communication at the address of the trader's registered office or place of business or at another address of which the trader has notified the buyer upon concluding the contract or after concluding the contract.

11.5.2. If the buyer has complained about a defect in a postal item that the trader has refused to accept, the item is deemed to have been delivered on the date of refusal.

11.5. 3. The trader shall provide the buyer with a written confirmation of the defect immediately after the buyer has pointed out the defect. In the confirmation of the defect, the trader shall state the period within which the defect shall be removed in accordance with Section 507, paragraph 1, of the Civil Code, as amended. The period notified in accordance with the previous sentence may not be longer than 30 days from the date of pointing out the defect, unless a longer period is justified by an objective reason that the seller cannot influence.

11.5. 4. If the trader refuses liability for defects, he shall notify the buyer of the reasons for the refusal in writing. If the buyer proves the trader's liability for the defect by means of an expert opinion or a professional opinion issued by an accredited person, an authorized person or a notified person, he may repeatedly point out the defect and the trader may not refuse liability for the defect; repeated pointing out of the defect is not subject to Section 621, paragraph 3, of the Civil Code, as amended. The consumer's costs associated with the expert opinion and professional opinion are subject to Section 509, paragraph 2, of the Civil Code, as amended.

11.5. 5. If, before concluding the contract or, if the contract is concluded on the basis of the buyer's order, before sending the order, the trader has informed the buyer that the defects can also be attributed to another person, the act or omission of this person shall be considered, for the purposes of liability for defects, to be the act or omission of the trader.

11.6. Defect removal

11.6.1. The Buyer has the right to choose to have the defect removed by replacing the product or repairing the product. The Buyer may not choose a method of removing the defect that is not possible or that would cause the trader disproportionate costs compared to the second method of removing the defect, taking into account all the circumstances, in particular the value that the product would have without the defect, the severity of the defect and whether the second method of removing the defect would cause the Buyer significant difficulties.

11.6.2. The trader may refuse to remove the defect if repair or replacement is not possible or would require unreasonable costs having regard to all the circumstances, including circumstances under which the buyer cannot choose a method of removing the defect that is not possible or that, compared to the second method of removing the defect, would cause the seller unreasonable costs having regard to all the circumstances, in particular the value that the thing would have had without the defect, the seriousness of the defect and the fact whether the second method of removing the defect would cause the buyer significant difficulties.

11.6.3. The trader shall repair or replace the product within a reasonable period (Section 507, paragraph 1, of the Civil Code, as amended) after the buyer has pointed out the defect, free of charge, at his own expense and without causing serious inconvenience to the buyer, taking into account the nature of the item and the purpose for which the buyer requested the item.

11.6.4. For the purposes of repair or replacement, the buyer shall hand over or make the product available to the trader or a person pursuant to Section 622, paragraph 5, of the Civil Code, as amended. The costs of taking over the item shall be borne by the trader.

11.6.5. The trader shall deliver the repaired product or the replacement product to the buyer at his own expense in the same or similar manner as the buyer delivered the defective product, unless the parties agree otherwise. If the buyer does not take over the product within six months of the date on which he was supposed to take over, the trader may sell the product. If the product is of a higher value, the trader shall notify the buyer of the intended sale in advance and grant him a reasonable additional period for taking over the product. The trader shall pay the buyer the proceeds from the sale of the product without delay after the sale, after deducting the costs reasonably incurred by him for its storage and sale, if the buyer exercises his right to a share of the proceeds within a reasonable period specified by the trader in the notification of the intended sale of the product. The trader may destroy the product at his own expense if it has not been sold or if the expected proceeds from the sale are not sufficient to cover the costs that the trader has reasonably incurred in storing the product and the costs that the trader would necessarily have to incur in selling it.

13.1.6. When eliminating a defect, the trader shall ensure the removal of the product and the installation of a repaired product or a replacement product, if the replacement or repair requires the removal of a defective product that was installed in accordance with its nature and purpose before the defect became apparent. The trader and the buyer may agree that the removal of the item and the installation of the repaired or replacement product shall be ensured by the buyer at the trader's expense and risk.

11.6.7. When eliminating a defect by replacing the product, the trader is not entitled to compensation for damage caused by normal wear and tear of the product and to compensation for normal use of the product before its replacement.

11.6.8. The retailer is liable for defects in the replacement product pursuant to Section 619 of the Civil Code, as amended.

11.7. Discount on the purchase price and withdrawal from the contract

11.7.1. The buyer has the right to a reasonable discount on the purchase price or may withdraw from the purchase contract without providing an additional reasonable period of time pursuant to Section 517, paragraph 1, of the Civil Code, as amended.

with

a) the trader has not repaired or replaced the product,

b) the trader has not repaired or replaced the product in accordance with Section 623, paragraphs 4 and 6, of the Civil Code, as amended.

c) the trader refused to remove the defect pursuant to Section 623, paragraph 2, of the Civil Code as amended.

d) the product has the same defect despite repair or replacement of the product,

e) the defect is of such a serious nature that it justifies an immediate discount on the purchase price or withdrawal from the purchase contract, or

f) the trader has declared or it is clear from the circumstances that he will not remedy the defect within a reasonable period of time or without causing serious inconvenience to the buyer.

11.7.2. When assessing the buyer's right to a discount on the purchase price or withdrawal from the purchase contract pursuant to §624, paragraph 1, letters d) and e) of the Civil Code, as amended, all circumstances shall be taken into account, in particular the type and value of the product, the nature and severity of the defect and the possibility of objectively requiring the buyer to trust in the trader's ability to eliminate the defect.

11.7.3. The discount on the purchase price must be proportionate to the difference between the value of the product sold and the value the product would have had if it were free of defects.

11.7.4. The buyer may not withdraw from the purchase contract pursuant to Section 624, paragraph 1, of the Civil Code, as amended, if the buyer contributed to the occurrence of the defect or if the defect is negligible. The burden of proof that the buyer contributed to the occurrence of the defect and that the defect is negligible lies with the trader.

11.7.5. If the contract concerns the purchase of several products, the buyer may withdraw from it only in relation to the defective product. In relation to the other products, he may withdraw from the contract only if he cannot reasonably be expected to have an interest in keeping the other products without the defective product.

11.7.6. The Buyer shall, after withdrawing from the contract or part thereof, return the product to the Trader at the Trader's expense. The Trader shall ensure the removal of the product that was installed in accordance with its nature and purpose before the defect became apparent. If the Trader fails to remove the product within a reasonable period, the Buyer may ensure the removal and delivery of the product to the Seller at the Trader's expense and risk.

11.7.7. After withdrawal from the contract, the trader will refund the purchase price to the buyer no later than 14 days from the date of return of the product to the trader or after proving that the buyer sent the product to the trader, whichever occurs first.

11.7.8. The Merchant shall refund the purchase price to the Buyer or pay him a discount on the purchase price in the same way as the Buyer used to pay the purchase price, unless the Buyer expressly agrees to another method of payment. All costs associated with the payment shall be borne by the Merchant.

11.7.9. The trader is not entitled to compensation for damage caused by normal wear and tear of the product and to remuneration for normal use of the product before withdrawal from the purchase contract.

11.8. Consumer warranty

11.8.1. The manufacturer or trader may provide the buyer with a consumer guarantee, whereby they undertake to refund the purchase price to the buyer, replace or repair the sold product or ensure its maintenance beyond the scope of the rights arising from liability for defects. The buyer has the right to demand from the manufacturer or trader who provided the consumer guarantee performance under the consumer guarantee under the conditions set out in the guarantee certificate or in the related advertising available at the time of conclusion of the purchase contract or before its conclusion.

11.8.2. If the manufacturer offers a consumer warranty for the lifetime of the item, the trader has the right to have the defect removed from the manufacturer during the duration of the consumer warranty pursuant to Section 623 of the Civil Code, as amended, unless the manufacturer has provided more favorable conditions in the consumer warranty for the lifetime of the item.

11.8.3. The manufacturer or trader who has provided the consumer guarantee shall provide the buyer with a warranty certificate on a durable medium no later than at the time of delivery of the item in the Slovak language or, with the consent of the consumer, in another language. The manufacturer or trader who has provided the consumer guarantee shall state in the warranty certificate in a clear and understandable manner the requirements pursuant to Section 502, paragraph 3, of the Civil Code, as amended, and an instruction that the buyer has rights against the seller from liability for defects pursuant to Section 621, of the Civil Code, as amended, which are not affected by the consumer guarantee.

11.8.4. Violation of the obligation of the manufacturer or trader who provided the consumer guarantee, pursuant to Section 626, paragraph 3 of the Civil Code, does not affect the validity of the consumer guarantee.

11.8. 5. If the terms of the consumer guarantee in the related advertisement are more favourable to the buyer than the terms of the guarantee certificate, the terms stated in the advertisement shall apply. This shall not apply if the manufacturer or trader who provided the consumer guarantee, before concluding the contract with the buyer, has aligned the related advertisement with the guarantee certificate in the same or similar manner as the advertisement.

12. Processing of personal data

12.1. The trader processes the consumer's personal data - name, surname, title, residential address, email, telephone contact, account number, in accordance with Regulation (EU) 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 (hereinafter referred to as GDPR).

12.2. In accordance with Article 13 of the GDPR, for the purposes of processing personal data, the trader informs the following: Controller - trader, data subject - consumer.

Purposes of processing – product order (e-shop) → purchase contract pursuant to Art. 6 para. 1 letter b) of the Regulation (this also includes subsequent payment, delivery of goods or services, handling of complaints, etc.); the processing of the customer's personal data takes place without the customer's consent.

Legal basis for processing personal data: performance of a contract.

12.3. The provision of personal data of the data subjects is a contractual requirement for the performance of the contract. Personal data are processed for the period necessary for the performance of the contract concluded remotely and outside the business premises and are kept for a period of 10 years, i.e. for the period necessary for the performance of tax and other legislative obligations under Slovak and EU laws.

12.4. The rights of the data subject are defined in Chapter 3 of the GDPR: the right to request from the controller access to personal data concerning the data subject, the right to rectification or erasure, the right to restriction of processing, the right to object to processing, the right to data portability and the right to lodge a complaint with a supervisory authority.

12.5. The provision of personal data is a legal and contractual requirement that is necessary for the conclusion of the contract. Without the provision of the personal data specified in this contract, its conclusion is not possible.

12.6. The operator, given the scope and subject of its activities, is not obliged to designate a responsible person pursuant to Section 44 of Act No. 18/2018 Coll. on the Protection of Personal Data. However, if the consumer has any questions regarding his personal data, he can write to the trader at the following e-mail address: objednavky@bat-man.sk, call the number: +421903849992, or visit the operator in person at the above-mentioned address.

12.7. Personal data will not be further processed in a manner incompatible with these purposes.

12.8. Transfer to third countries: not applicable

12.9. The Operator does not carry out automated decision-making, including profiling referred to in Article 22(1) and (4) of the GDPR.

13. FINAL PROVISIONS

The Merchant reserves the right to change these Terms and Conditions. The obligation to provide written notice of changes to these Terms and Conditions is fulfilled by posting them on the Merchant's e-commerce website.
If the purchase contract is concluded in writing, any change to it must be in writing.
The contracting parties have agreed that communication between them will be carried out in the form of email messages.
The relevant provisions of the following laws and regulations apply to relationships not governed by these general terms and conditions:

Act No. 108/2024 Coll. on consumer protection and on amendments and supplements to certain acts

Act No. 40/1964 Coll., Civil Code (as amended).

These general terms and conditions come into effect for the buyer upon conclusion of the purchase contract.

In Bardejov, on 02.07.2024