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Business Terms and Conditions of Use

 

I. Basic Terms

 

These "Terms and Conditions" govern the relations between the parties to the purchase agreement, where on the one hand Xtreme.eu is operated by Xtreme.sk sro, ID: 50649361, VAT: 2120408730, VAT ID: SK2120408730, with its registered office at Fialová 2 / C, 85107 Bratislava, registered in Okr. court Bratislava I, dept. Sro, vl.č.116391 / B (hereinafter referred to as "seller" or "Xtreme.eu") and on the other hand is a buyer, who can also be a consumer (hereinafter referred to as "buyer"). Further information about the seller can be found on the website www.Xtreme.eu in the "Contact" section.

 

The buyer is a consumer or entrepreneur.

 

A consumer is a natural person who, in concluding and performing a consumer contract, does not act within the scope of his business or other entrepreneurial activity.

Legal relations between the seller and the consumer not expressly regulated by these "Terms and Conditions" are governed by the relevant provisions of Act. No. 40/1964 Coll., Civil Code, as well as related regulations.

 

Entrepreneur means:

  • person registered in the Commercial Register,
  • person who conducts business on the basis of a trade license,
  • person who conducts business on the basis of a license other than a trade license according to special regulations,
  • person who carries out agricultural production and is registered in accordance with a special regulation.

 

For the purposes of the "Terms and Conditions", an entrepreneur is also understood to be a person who acts in accordance with the previous sentence within the scope of his business activity. If the Buyer states his identification number (Company ID / VAT ID) in the order, then he acknowledges that the rules stated in the "Terms and Conditions" for entrepreneurs apply to him. The legal relations of the seller with the buyer, which is an entrepreneur, not explicitly regulated by these "Terms and Conditions" or the contract between the seller and the buyer are governed by the relevant provisions of Act. No. 513/1991 Coll., Commercial Code, as amended, as well as related regulations. In case of any differences between the "Terms and Conditions" and the individual contract, the text of the contract takes precedence. By placing an order, the Buyer confirms that he has read these "Terms and Conditions", an integral part of which is the complaint procedure and the document "Transport and Payment", the conditions of the ordered service and / or provided license authorization and that he agrees with them, as amended at the moment. sending the order. The buyer will receive a link to the current "Terms and Conditions" and the Complaints Procedure in the informative order confirmation email to the specified email address. The Buyer is aware that the purchase of products that are in the Seller's business offer does not give him any rights to use the registered trademarks, trade names, company logos or patents of the Seller or other companies, unless otherwise agreed in a specific case.

 

II. Purchase contract

 

1. Conclusion of the purchase contract

If the buyer is a consumer, the proposal for the conclusion of the purchase contract is the placement of the offered goods by the seller on the site, the purchase contract is created by sending the order to the buyer consumer and acceptance of the order by the seller. The seller will immediately confirm this acceptance to the buyer by informative email to the specified email, but this confirmation does not affect the formation of the contract. The buyer will also find a link to the current wording of the "Terms and Conditions" and the seller's complaint procedure in the information email. The resulting contract (including the agreed price) may be amended or canceled only by agreement of the parties or for legal reasons. For an exception to this procedure, see point VI. Ordering. If the buyer is an entrepreneur, the proposal for concluding the purchase contract is the sent order of goods by the buyer entrepreneur and the purchase contract itself is concluded at the moment of delivery of the seller's binding consent to the buyer entrepreneur with this proposal. The seller is not responsible for any errors in data transfer. The contract is concluded in the Slovak language. The concluded contract is archived by the seller for at least five years from its conclusion, but for the longest period according to the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to third non-participating parties. Information on the individual technical steps leading to the conclusion of the contract is clear from these terms and conditions, where this process is clearly described. The buyer has the opportunity to check and possibly correct the order before sending it. These "Terms and Conditions" are available on the seller's website www.Xtreme.eu and thus their archiving and reproduction by the buyer is enabled. The costs of using means of distance communication (telephone, email, chat, etc.) for the execution of the order are in the normal amount, depending on the tariff of telecommunication services used by the buyer. If the buyer-consumer services are ordered, then he hereby agrees to be provided to him before the expiration of the statutory withdrawal period.

 

2. Delivery of the object of purchase

By the purchase contract, the seller undertakes to hand over the goods to the buyer, provide the digital content / license that is the subject of the purchase and allow him to acquire ownership / license to it, and the buyer undertakes to take over the goods / digital content and pays the seller the purchase price. The seller reserves the right of ownership of the thing, and therefore the buyer becomes the owner only after full payment of the purchase price. This rule also applies when purchasing a license or service. The seller will hand over the goods to the buyer, as well as the documents relating to the goods, and will allow the buyer to acquire ownership of the goods / license in accordance with the contract. The Seller will fulfill the obligation to hand over the goods to the Buyer if it allows him to dispose of the goods at the place of performance and notifies him in good time. If the seller is to send the goods, handover means to the buyer - handover to the first carrier for transport and allows the buyer to exercise the rights under the contract of carriage against the carrier, to the buyer consumer - handover only when the goods are handed over to him by the carrier. The seller will hand over the object of purchase to the buyer in the agreed quantity, quality and design. If it is not agreed how the goods should be packed, the seller will pack the goods according to custom; if they are not customary, then in the manner necessary for the preservation and protection of the goods. In the same way, the seller will secure the goods against damage for transport. With regard to minimizing damage and ensuring trouble-free supply, the seller reserves the right to deliver the goods to the buyer, who within one order and / or one day ordered the goods for a total value exceeding 3,500 euros, including VAT, after full payment of the total purchase price. As soon as the buyer pays the total purchase price of the purchased goods, the seller will make the shipment in accordance with the buyer's requirements set out in the order. The buyer entrepreneur hereby agrees that the purchased goods may not be supplied with instructions for use in Slovak. When using all electronic content purchased in Xtreme.eu, the Buyer is obliged to comply with the obligations set out in these "Terms and Conditions" (for the purposes of the "Terms and Conditions", mean software, etc.) and legal regulations governing copyright works and specific license conditions of the product. If the buyer violates the obligations set out in this way, then he is obliged to pay any damages, and such conduct may also have criminal consequences. The buyer is entitled to use all electronic works exclusively for his personal use, unless otherwise stated in the license conditions, the purpose of which is not to achieve direct or indirect economic or commercial benefit. The buyer is also not entitled to copy the purchased electronic content or otherwise reproduce it, make descriptions, clippings and otherwise dispose of it in violation of copyright, other legal regulations or license conditions of the product. Access to electronic content may be prohibited or the license may be deactivated if the electronic content was obtained as a result of illegal activity. This provision of the "Terms and Conditions" also applies to electronic content that Xtreme.eu provided to the buyer as a gift.

 

III. Information Security and Protection (GDPR)

 

1. The data we process and for what purposes.

The personal data that you provide us when registering on the Xtreme.eu website and personal data related to the creation of an order, placing a complaint, service are primarily processed. These data include in particular: e-mail address, name and surname, address, telephone number, company name, ID number, VAT ID, signature. To verify your identity, you will also have an Identity Card (hereinafter referred to as “ID”) or a Passport (hereinafter referred to as “PP").

When collecting an order that was paid in advance via the Internet (or bank transfer), when collecting a complaint, or when overpaying a credit, we may require you to submit an identification document ID or PP, in order to prevent damage and prevent money laundering. . Without submitting any of these documents, we may refuse to issue / refund the goods or money.

In the case of a claim for goods with an acquisition value of more than 600 Euros, we reserve the right to make a video recording of the collection and delivery of the product, as well as a photographic record in order to prevent damage and prevent money laundering. This record will be archived for 3 years. All personal data obtained in this way are processed exclusively for the purpose necessary to handle the complaint and in accordance with the Personal Data Protection Act.

To ensure customer support, we use your name and e-mail, which you fill in before the start of the chat in the appropriate chat window on the website www.Xtreme.eu. By filling in the data, you express your consent to the processing of the data. We only use your name and e-mail address when we start the chat. We determine your satisfaction with your purchase via e-mail questionnaires within the Customer Verified program in which our e-shop is involved. We send them to you every time you buy from us, if in accordance with § 62 paragraph 3 of Act no. 351/2011 Coll. on electronic communications, you do not refuse to send our business announcements or you do not revoke the consent already granted. For sending questionnaires, evaluating your feedback and analyzing our market position, we use a processor, which is the operator of the Heureka.sk and Heureka.cz portals. For this purpose, you can pass on information about the purchased goods and your e-mail address.

 

2. Who has access to the data?

In the first place, personal data is processed by Xtreme.eu and its employees. All persons who have access to personal data are bound by confidentiality and this obligation continues even after the end of their cooperation with Xtreme.eu. Xtreme.eu, as the administrator, entrusts the processing of personal data to other entities, such as the so-called processors. The processor is any body that processes personal data for Xtreme.eu for the purposes and in the manner specified by Xtreme.eu. If your consent is required for processing, we only transfer the data to the processor if you have given your consent. We only provide processors with the data they need to secure their services. The processors used by Xtreme.eu include: Packeta Slovakia s. r. o., Direct Parcel Distribution CZ, p. r. about. (transport companies) superfaktura.sk, s.r.o. intervia s.r.o. (invoicing, accounting) DJI GMBH (service) Všeobecná úverová banka, a.s. (Quatro loan) Heureka Shopping s.r.o (“verified by customers” service)

 

3. Data processing time.

Xtreme.eu processes personal data for the purposes of fulfilling the contract for the entire period of processing the order, including its payment and delivery of goods. By law, Xtreme.eu subsequently stores some data contained in accounting documents.

 

4. Your rights. Data access. You have the right to confirm whether or not personal data are processed and, if so, you have access to information about the processing, the categories of personal data concerned, the recipients or categories of recipients, the retention period of the personal data and the right to information about your rights, the right to lodge a complaint with the Office for Personal Data Protection, information on the source of personal data, information on whether there is an automated decision and profiling, information and guarantees in case of transfer of personal data to a third country or international organization. You have the right to provide copies of the personal data processed.

Correction of personal data. Do we process your out-of-date or inaccurate personal data? For example, have you changed your home address? Please let us know and we will correct your personal information. Deletion of personal data. In some cases stipulated by law, we are obliged to delete your personal data at your request. However, each such request is subject to individual evaluation, because Xtreme.eu also has an obligation or a legitimate interest in retaining personal data. Right to restrict processing. If you want your personal data to be processed exclusively for the most necessary legal purposes or you want to block personal data. Right to data portability. If you wish us to provide your personal information to another company, we will pass on your personal information in an appropriate format to the entity you specify, unless we are prevented from doing so by any legal or other significant impediments. The right to raise objections and automated individual decision-making. If you find or believe that we are processing personal data in violation of the protection of your privacy and personal life or in violation of the law, please contact us and ask us to explain or eliminate the inappropriate situation. You can also object directly to automated decision-making and profiling. The right to lodge a complaint with the Office for Personal Data Protection You can contact your supervisory authority, which is the Office for Personal Data Protection of the Slovak Republic with its registered office at Hraničná 12, 820 07 Bratislava, at any time with your complaint or complaint regarding the processing of personal data. How long can you expect a response from the company? We will provide you with comments and possible information on the measures taken as soon as possible, but no later than within one month. If necessary, and given the complexity and number of applications, we can extend this period to two months. We will notify you of the extension, including the reasons.

 

5. Security.

Xtreme.eu takes care of the security of your data. The handling of personal data is in full compliance with applicable legislation, including the General Data Protection Regulation (GDPR). Xtreme.eu places great emphasis on the technical and organizational security of the processed data when processing personal data. All personal data in electronic form are stored in databases and systems to which only persons who need to handle personal data immediately for the purposes set out in these rules have access, and only to the extent necessary. Access to this personal data is protected by a password and a firewall. The security of personal data is regularly tested by Xtreme.eu and we are constantly improving our protection.

 

6. Contact.

You can contact Xtreme.eu with any comments regarding the processing of personal data, or in case of exercising your rights, by emailing info@xtreme.eu.

 

IV. Opening hours

 

Orders via the Internet or through the seller's staff:

Opening hours: Xtreme.eu store (Fialová 2C, 85107, Bratislava) - Monday to Friday: 9:00 - 16:00.

In the event of a failure of the information system or force majeure, the seller is not responsible for non-compliance with operating hours.

Xtreme.eu will be closed during public holidays and weekends.

 

V. Prices

 

All prices are negotiable. There are always current and valid prices in the online e-shop. Prices are final, ie. including VAT, or all other taxes and fees that the consumer must pay to obtain the goods, this does not apply to any fees for transport, etc., which are listed only in the so-called shopping cart and their amount depends on the choice of the Buyer. The stock prices are valid until the stock is sold out when stating the number of pieces of stock goods or for a specified period of time. Original price means the price of goods / services / licenses for which Xtreme.eu offered the goods / services / license in question without taking into account the total possible bonuses, marketing campaigns to support sales and other discount promotions on its operated e-shop or the price non-bindingly recommended by the manufacturer or distributor , which will always display the price that better reflects the price level of the product on the market.

 

VI. Ordering

 

The buyer will receive the goods at the price valid at the time of ordering. The purchasing consumer has the opportunity to familiarize himself with the total price, including VAT and all other fees (PHE, etc.) before placing the order. This price will be stated in the order and in the message confirming the receipt of the order of goods. The purchasing consumer has the opportunity to familiarize himself with the fact before the order is made, as long as the offer or price remains valid. You can order in the following ways:

  • in person at the seller's premises,
  • on the internet e-shop www.Xtreme.eu,
  • by email info@xtreme.eu.

 

The buyer acknowledges that there may be cases where there is no conclusion of a contract between the seller and the buyer, especially when the buyer orders the goods at a price published in error due to an error in the internal information system of the seller. In such a case, the seller informs the buyer of such a fact. The seller reserves the right to declare the purchase contract invalid, if there has been misuse of personal data, misuse of the payment card, etc., or due to the intervention of an administrative or judicial authority, the buyer will be informed of such a procedure. The buyer acknowledges that in these cases, the purchase contract cannot be validly concluded.

 

VII. Withdrawal from the contract

 

Withdrawal from the contract by the buyer, which is the consumer

Pursuant to the provisions of § 7 of the Consumer Protection Act in the sale of goods or services under a distance contract or a contract concluded outside the seller's premises and amending certain laws (Act No. 102 / 2014 Coll.), The buyer has the right to withdraw from the contract without such a reason within 14 calendar days from the date of receipt of the goods or from the conclusion of the service contract, and it is necessary that a letter of withdrawal from the contract to the seller . The buyer has this right even if he has picked up the goods ordered via the Internet in person at the seller's point of sale. Instructions on how to exercise the consumer's right to withdraw from the purchase agreement, together with the withdrawal form, can be found here.

Withdrawal and send the goods to the address: Xtreme.eu sro, Fialová 2C, 85107 Bratislava The buyer consumer should return the goods at his own expense no later than 14 days from the date of withdrawal from the contract complete, with complete documentation, undamaged, clean, if possible including the original packaging , in the condition and value in which he took over the goods. In the event that the returned goods are incomplete or damaged, the seller may demand from the buyer an amount corresponding to the reduction in the value of the goods (in accordance with §10 paragraph (4) of the Consumer Protection Act when selling goods or providing services under a distance or outside the seller's premises and amending certain laws.). The money for the returned goods will be returned to the buyer consumer no later than 14 days from the delivery of the notice of withdrawal from the purchase contract. Except where withdrawal is expressly agreed, the consumer may not withdraw from the contract:

a) for the provision of the service if it has been provided with the consumer's express consent and the consumer has stated that he has been duly informed that he loses the right to

b) the sale of goods or services the price of which depends on price movements in the financial market which the seller cannot influence and which may occur during the withdrawal period ,

c) the sale of goods made to the consumer's special requirements, custom-made goods or goods intended specifically for a single consumer;

d) the sale of goods which are subject to rapid deterioration or deterioration;

e)for reasons of health protection or for hygienic reasons and whose protective packaging was broken after delivery,

f) the sale of goods which, because of their nature, may, after delivery, be inseparably mixed with other goods;

g) the performance of urgent repairs or maintenance expressly requested by the consumer from the seller; this does not apply to service contracts and contracts having as its object the sale of goods other than spare parts needed for repair or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not pre-order these services or goods,

h) the sale of computer software sold in protective packaging, if the consumer has unpacked this packaging,

i) for the provision of transport of goods, rental of drones and other consumer electronics,

j) for the provision of electronic content other than on tangible media, if duly informed that, by giving this consent, he loses the right to withdraw from the contract.

 

If the buyer decides to withdraw within the specified period, we recommend to expedite the delivery of the goods to the seller's address together with the enclosed cover letter with possible reason for withdrawal from the purchase contract (not a condition), purchase document number and bank account number or , whether the amount will be paid in cash or whether it will be drawn for another purchase. The consumer acknowledges that if he withdraws from the contract, he will bear the cost of returning the goods to the seller and, if he withdraws from the distance contract, the cost of returning the goods, which by their nature cannot be returned by post.

The buyer acknowledges the fact that if gifts are provided with the goods, the gift contract is concluded between the seller and the buyer, provided that if the right to withdraw from the contract is exercised, the gift contract expires and the buyer is obliged to return with the returned goods related gifts provided. If these are not returned, these values ​​will be understood as unjust enrichment of the buyer. In the event of withdrawal from the donation contract, the purchase contract does not expire and the contracts are assessed separately in this respect.

If all the above conditions for the return of goods are met, the buyer will be entitled to a refund of the paid financial amounts associated with the returned goods, which will be returned to the buyer no later than 14 days after withdrawal from the contract. If the account number is not provided, the amount is automatically prepared for withdrawal or cash withdrawal within the same period upon submission of the original credit note, which is sent to the customer without undue delay after resolving the withdrawal from the purchase agreement.

Withdrawal from the contract by the buyer, who is an entrepreneur.

If the buyer is an entrepreneur, the buyer may be offered an alternative withdrawal from the purchase contract depending on the condition of the returned goods, lost warranty and the current price of the returned goods. The condition of the goods is evaluated by the seller. In the event of disagreement on terms acceptable to both parties, the goods will be returned at the expense of the seller. The seller is entitled to charge the buyer any additional costs incurred. When issuing a credit note, the buyer (both the consumer and the entrepreneur) may be required by the ID in order to protect the buyer's property rights. By submitting the ID, the buyer agrees to the processing of personal data according to point II. (pursuant to Act 122/2013 Coll., On Personal Data Protection). In order to protect the rights of the buyer, if the buyer is a legal entity and will demand a refund by paying the credit directly at the store, the relevant amount will be paid only to persons authorized to act on behalf of the legal entity, i. to the statutory body or person who proves the officially certified power of attorney.

 

VIII. Payment terms The seller accepts the following payment terms:

 

  • payment in cash up to 5,000 euros upon receipt of the goods at the point of issue,
  • payment in advance by bank transfer,
  • payment via a payment terminal upon receipt of the goods at the point of issue (by payment card),
  • payment via Tatrabanka's internet interface (online payment card),
  • cash on delivery upon delivery of the goods (the carrier takes over the cash from the customer),
  • for installments (only if the buyer meets the conditions of the company providing installment sales).

The goods remain the property of the seller until full payment and takeover, but the risk of damage to the goods passes through the takeover of the goods by the buyer. Buyer billing information cannot be changed retroactively after sending the order.

 

IX. Delivery conditions

 

1. Delivery methods

The seller ensures or mediates the following delivery methods:

  • personal collection
  • sending by transport service to the address or dispensing point

Individual modes of transport are offered according to the current availability of individual services and with regard to capacity and travel options. In the event of force majeure or failure of the information system, Xtreme.eu is not responsible for delayed delivery of goods. All offered modes of transport, their current conditions and prices can be found on xtreme.eu

 

2. Other conditions

In the case of collecting an order that was paid in advance via the Internet, Xtreme.eu or its contractual partner may require the presentation of an identification card (ID or PP), in order to prevent damage and prevent money laundering. If the buyer is a legal entity, the issue of goods or redemption of credit will be allowed only to the statutory body of the legal entity or a person who proves a verified power of attorney. Without submitting any of these documents, Xtreme.eu or its contractual partner may refuse to release the goods. The buyer, who is an entrepreneur, is obliged (the buyer, who is a consumer, this procedure is recommended) to immediately check with the carrier the condition of the shipment (number of packages, integrity of the tape with the company logo, damage to the box) according to the enclosed consignment note / invoice . The buyer is entitled to refuse to accept the shipment, which is not in accordance with the purchase contract by the fact that the shipment is e.g. incomplete or damaged. If the buyer receives such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover protocol. Incomplete or damaged shipment must be immediately notified by e-mail to info@xtreme.eu, write a damage report with the carrier and send it without undue delay by e-mail or mail to the seller. Additional complaints about incompleteness or external damage to the shipment do not deprive the buyer of the right to complain about the item, but they do give the seller the opportunity to prove that this is not a breach of the purchase contract.

 

3. Competitions and deadlines for collecting the prize

If the winner wins in a competition organized by Xtreme.eu, this winner is obliged to collect the prize within 30 calendar days from the day when the results of such a competition were announced to Xtreme.eu. The winner's entitlement to the prize expires at the end of this period, when the prize is forfeited in favor of the organizer.

 

X. Warranty conditions

 

Warranty conditions for the goods are governed by the Seller's Complaints Procedure and valid legal regulations of the Slovak Republic. The proof of purchase serves as a guarantee.

 

XI. Final provisions

 

Any disputes between Xtreme.eu and the Buyer can also be resolved out of court. In such a case, the buyer-consumer may contact the entity for out-of-court dispute resolution, such as the Slovak Trade Inspection Authority, or resolve the dispute through a dedicated ODR platform. The Seller recommends that the Buyer first use the contact on Xtreme.eu to resolve the situation before the out-of-court settlement of the dispute.

 

These General Terms and Conditions are valid and effective from February 6, 2017 and cancel the previous versions of the "Terms and Conditions". The seller reserves the right to change the "Terms and Conditions" without prior notice.

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