Terms and Conditions

Introductory provisions

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to purchases in the electronic online store https://ecubug.com. The GTC further define and specify the rights and obligations of the Seller as the operator of the electronic online store https://ecubug.com and the Buyer. These GTC constitute the current version of the content of the contract of sale or contract for the provision of services (hereinafter together referred to as the “contract of sale”) concluded between the Seller and the Buyer.

Marking of pages

Order of goods and services

All orders created on https://ecubug.com are binding on both parties. By submitting an order, the buyer confirms that he/she has read these GTC and agrees to them. The Buyer confirms that he/she is aware that by sending the order he/she is obliged to pay the purchase price or the price for services. The acceptance of the order will be confirmed by the Seller by sending a confirmation email. By sending a notification of receipt of the order to the buyer, a contract of sale is formed between the buyer and the seller. The Seller reserves the right to cancel the Buyer’s order if it is unable to deliver the goods due to their being out of stock. The Seller shall promptly inform the Buyer of the cancellation of the order by telephone or e-mail. In the event of payment of the purchase price or part thereof, the Buyer will be refunded within 15 days to the account from which the payment was made, unless otherwise agreed.

Price of goods and services

The price of goods and services is stated as a unit price for each product separately. All product prices are quoted at the final price including VAT. To the price of the goods is added the price for shipping according to the chosen method of delivery. Both the Seller and the Buyer are bound by the prices of the Products at the time of conclusion of the Purchase Contract. However, the Seller is always entitled to grant a discount on the Products purchased in accordance with its current pricing policy or marketing campaign.

Goods are sold according to the displayed samples, catalogues, type sheets, photographs and sample books of the Seller located on the e-shop website. https://ecubug.com

Payment methods

The Buyer may make payment by any of the following methods:

1. In cash (cash on delivery), i.e. payment to the courier when delivering via courier service.
2. Cash on personal collection
3. By credit card in advance via Stripe payment gateway
   (Goods in stock will be dispatched only after payment has been credited to the account.)
4. By credit card when collecting the goods in person.
5. Bank Transfer in advance in case of payments in EUR to the Seller’s account held in:
   1. Tatra banka, a.s.:
      IBAN: SK40 1100 0000 0029 2386 7971
      SWIFT/BIC: TATRSKBX
      Variable symbol: order number
      (The goods will be dispatched only after payment has been credited to the account.)

Shipping and postage

Goods are sent by courier service UPS (SPS/PPL) and DHL Express.

Price for delivery by courier:

The cash on delivery fee is fixed:

Personal collection of goods is possible at MTE, s.r.o., Stefanikova 772/75, 085 01 Bardejov, on working days from 8:00 a.m. to 4:00 p.m., while the buyer notifies the seller of the date of picking up the goods by phone or e-mail at least one working day in advance.

Delivery time

The Seller undertakes to deliver the ordered goods to the Buyer no later than 30 working days from the acceptance of the Buyer’s order by the Seller; this delivery period is accepted by the Buyer without reservation. If the Seller does not have the goods physically in its warehouses and orders the goods from the Supplier only on the basis of the Customer’s order, this period may be extended by a further fourteen days. The Seller shall inform the Buyer by e-mail of the dispatch of the order. If the goods or the notice of deposit at the post office is not received by the Buyer even within 7 days after the Seller’s email about the dispatch, the Buyer is entitled to contact his/her delivery post office as well as the Seller at info@ecubug.com. The Seller shall not be liable for any delay in delivery of the goods caused by the post office or courier service, nor for any damage to the goods caused by the post office or courier service. However, in the case of bank transfer and payment by card as the chosen payment method, the goods will be dispatched only after the full price of the goods, including postage, has been credited to the Seller’s account. The Seller reserves the right to extend the delivery time in the event of unforeseen circumstances. The Buyer shall be informed of such extension of the delivery period without delay.The ownership right shall pass from the Seller to the Buyer only upon payment of the price for the subject of the Purchase Contract in full.

Reimbursement of costs for non-acceptance of goods

The Seller has the right to compensation of costs (damages) in the event that the Buyer did not take delivery of the ordered goods, which were delivered to him and the Buyer did not renew the order or did not withdraw from the contract or after the Seller’s invitation in the case of personal collection did not take delivery of the goods within the specified period for collection. When determining the amount of compensation, the Seller shall take into account in particular the transport costs and related fees in the case of sending the goods, the costs associated with packaging, dispatch and administration of the order, as well as all other costs incurred by the Seller in the execution of the order in question. The Buyer is obliged to reimburse the Seller for actual damages as well as indirect damages and lost profits.

Withdrawal from the contract of sale and return of goods

The Seller shall be entitled to withdraw from the Purchase Contract due to the impossibility of delivering the goods to the Buyer within the time limit specified in these GTC, whereby even with all efforts that may be fairly required of him, he is unable to deliver the goods to the Buyer. The reasons for the impossibility of delivery of the goods to the Buyer are caused by or induced by, in particular, the sale of stocks, the unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the Purchase Contract has interrupted production or has made such significant changes that have made it impossible to perform the Seller’s obligations under the Purchase Contract. The Seller is obliged to inform the Buyer of this fact and refund the purchase price already paid for the goods agreed in the purchase contract within 15 days of the notice of withdrawal from the contract by transfer to the account designated by the Buyer.

The buyer is entitled to withdraw from the purchase contract without giving any reason within 14 days of receipt of the goods. The buyer – consumer has the right to unpack and test the goods within this period in a reasonable manner, as is customary, for example, in a personal purchase in a shop. However, for the purposes of these GTC, to test does not mean to start using the goods and then return them to the Seller.

If the buyer has ordered the provision of a service, he is entitled to withdraw from the contract without giving a reason within 14 days of the conclusion of the contract, but only if the service has not yet been provided within the 14-day period. The Purchaser agrees that the services may be commenced even before the expiry of the 14-day withdrawal period, with the result that once the services have been fully provided, the Purchaser may not withdraw from the contract in respect of the services provided. The Buyer acknowledges that he has been advised of this fact and agrees to this procedure. In the event that the service has only been partially provided by the Seller to the Buyer and the Consumer withdraws from the service contract, the Buyer shall be obliged to pay the Seller the price for the service actually provided, including any costs incurred by the Seller (e.g. dismantling costs).

The Buyer may send a notice of withdrawal to the Seller either in paper form or electronically to the e-mail address: info@ecubug.com. The Buyer may use the following sample withdrawal form. The Seller shall acknowledge receipt of the withdrawal notice by sending an acknowledgement to the Buyer’s email address without delay.

The buyer is obliged to send the goods back or hand them over to the seller or a person authorized by the seller to take over the goods within 14 days from the date of withdrawal from the contract. The goods must be returned in undamaged condition, without signs of use or wear, in the original packaging with the attached proof of purchase, user documentation, user manual, warranty card, etc., by sending them back within the specified period to MTE, s.r.o., with registered office at Štefánikova 3897, 085 01 Bardejov, Slovakia. The Buyer is liable for any damage to the returned goods relating to any reduction in the value of the goods due to handling in a manner other than that necessary to ascertain the nature, characteristics and functionality of the goods. The Buyer shall bear the costs of returning the goods to the Seller incurred due to his withdrawal from the contract. The return of goods by cash on delivery cannot be accepted.

The Seller shall return to the Buyer, no later than 14 days from the date of receipt of the notice of withdrawal from the contract, all payments received from him under or in connection with the contract in accordance with § 9 of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods at a Distance or Off-Premises. However, the Seller is not obliged to return the said payments to the Buyer before the goods are delivered to him or until the Buyer proves that the goods have been sent back to the Seller. The Seller shall not be obliged to reimburse the Buyer for additional costs if the Buyer has expressly chosen a method of delivery other than the cheapest normal method of delivery offered by the Seller. Additional costs means the difference between the cost of delivery chosen by the Buyer and the cost of the cheapest normal method of delivery offered by the Seller.

If the buyer-consumer withdraws from the purchase contract, any supplementary contract related to the contract from which the buyer-consumer withdrew is also cancelled from the outset. If a gift was given together with the goods and if the contract is withdrawn, the gift contract shall cease to have effect and the buyer shall be obliged to return the gift to the seller together with the goods.

Complaints for goods and services and warranty period

Only goods that have been purchased from the Seller and that are the property of the Buyer may be claimed. If the ownership right has not yet passed from the Seller to the Buyer, the Seller reserves the right to process the claim only after full payment of the price of the goods.

If the buyer is a consumer (a natural person who is not acting within the scope of his/her business activity, employment or profession), a warranty period of 24 months applies to all products offered, unless otherwise stated, and begins on the date of receipt of the goods by the buyer or on the date of provision of the service to the buyer.

If the buyer is not a consumer, the provisions of the Commercial Code apply and the warranty period is 12 months and begins on the date of receipt of the goods by the buyer or the date of provision of services to the buyer.

If the manufacturer of the respective product provides a shorter warranty period than the above, i.e. less than 24 months or less than 12 months (so-called warranty according to stricter principles than the general regulation), then the seller also provides the buyer only with such a shorter warranty period.

The Seller is liable for defects in the goods and/or services in accordance with Sections 622 and 623 of the Civil Code. The Buyer is obliged to file a claim immediately with the Seller, as soon as the defect is detected. The Buyer may submit a claim either in paper form or electronically to the following e-mail address: info@ecubug.com. Each shipment is accompanied by an invoice – proof of payment for the goods/service, which also serves as a warranty card. The Buyer sends or personally delivers the claimed goods together with the proof of payment for the goods and a description of the defect to MTE, s.r.o., located at Štefánikova 772/75, 085 01 Bardejov, Slovakia. The Seller shall acknowledge receipt of the notification of the complaint by sending an acknowledgement to the Buyer’s e-mail address without delay. In the case of a legitimate complaint, the Seller undertakes to settle the complaint within 30 days of its receipt and to issue the Buyer with a proof of settlement of the complaint.

Liability for defects does not apply if the defect is due to:

1. mechanical damage to the product caused by the buyer,
2. improper handling of the product in a manner other than that specified in the instructions for use,
3. use of the goods in conditions that do not correspond to the natural environment of the goods in terms of humidity, chemical and mechanical influences,
4. neglect of the care and maintenance of the goods,
5. damage to goods by excessive loading,
6. use of the goods in violation of the conditions stated in the documentation, general principles, technical standards or safety regulations or other breach of warranty conditions,
7. force majeure or natural disaster,
8. normal wear and tear of the goods (or part thereof) caused by the use of the goods.

Duration of the contract

This contract is concluded for a definite period of time from the date of receipt of the Buyer’s order by the Seller until the date of fulfillment of all obligations of the parties arising from the contract.

Privacy Policy

When ordering goods and services on the website https://ecubug.com, the buyer is obliged to provide correct and truthful all necessary data, including personal data. The buyer is obliged to protect the data provided in the user account from third parties, and to update it without undue delay in the event of any change. The Buyer is responsible for the truthfulness and accuracy of the data provided by him.

The Seller processes the Buyer’s personal data in accordance with Act No. 122/2013 Coll. on the Protection of Personal Data, as amended. By submitting an order, the buyer grants the seller consent to the processing of his/her personal data, primarily for the purpose of fulfilling the purchase contract, in the following scope: name, surname, title, address, delivery address, telephone number and e-mail address. The Buyer grants the Seller consent to the processing of his/her aforementioned personal data also for the purpose of facilitating the processing of Buyer’s orders in the future, rewarding loyal customers, for the Seller’s marketing campaigns and competitions, as well as for the purpose of informing about promotions, news and discounts. The Seller undertakes to use this entrusted personal data only for communication with the Buyer. The Seller shall not disclose the Buyer’s personal data without the Buyer’s consent to any third party, except to the transport company (courier service) for the purpose of delivery of the goods to the Buyer, and except to the relevant public authorities in cases where this is provided for by law. The Buyer is entitled to withdraw consent to the processing of his/her personal data at any time by sending a written notice to the Seller.

Final provisions

These GTC are valid in the wording stated on the website https://ecubug.com on the day of sending the electronic order, unless otherwise agreed. The Seller reserves the right to amend the GTC without prior notice to the Buyer. The GTC are valid until the new GTC are issued. By submitting an electronic order, the Buyer accepts without reservation all provisions of the GTC as in force on the date of the order, as well as the applicable price of the ordered goods and services and shipping charges. The relevant legislation of the Slovak Republic shall apply to the relations arising from the purchase contract and these GTC. If the consumer is a contracting party, the relations not regulated by these GTC are governed by the Civil Code and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods at a Distance or Off-Premises. If the contracting party is a business entity that is not a consumer, relations not governed by these GTC are governed by the Commercial Code. Any disputes arising out of this contract shall be settled before the general courts of the Slovak Republic. Disputes may also be resolved by alternative dispute resolution in accordance with Act No. 391/2015 Coll. The Buyer, who is a consumer, may submit a proposal to initiate an alternative dispute resolution through the platform:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SK.

GTC https://ecubug.com, version 1.0, effective from 1.6.2022, all rights reserved
© Law firm PAČINDA AK s.r.o.