General Terms and Conditions and Complaint Procedure  

The online shop www.yachtclubaccessories.com is operated by:

YACHT CLUB ACCESSORIES, s.r.o.  

L. N. Tolstého 2283/21, 071 01 Michalovce

Company ID Number: 48 059 285

Registered in the Commercial Register of the Municipal Court in Košice I, under Section Sro, inset No.  36955/V

E-mail: info@yachtclubaccessories.com

Tax Registration No.:   212 00 395 59

Bank account: TATRA BANKA (Business bank name)

IBAN: SK 501100000000 293 946 44 21

SWIFT: TATR SK BX

BIC:

Address: ( for sending complaints and post )

YACHT CLUB ACCESSORIES, s.r.o.  

L. N. Tolstého 2283/21

071 01 Michalovce  

SLOVAKIA

Shopping at this online shop is available for any buyer, either a consumer or an entrepreneur (further on referred to as “Customer”), provided they adhere to the following terms and conditions.

1. Order and purchase contract

All orders carried out via the online shop www.yachtclubaccessories.com, which is operated by the company YACHT CLUB ACCESSORIES, s.r.o. (further on referred to as “Seller”), are binding for both contractual parties. By submitting an order, the Customer confirms that they have read and understood the Terms and Conditions.

The electronic order is only valid upon the truthfulness and completeness of all the provided data and prerequisites required by the system for a successful registration or placement of an order.

The Customer orders the products from the Seller via the online shopping system on the Seller’s website by filling in an online form. The Seller confirms the Customer’s order by sending an e-mail confirming that the Customer’s order has been placed. Such confirmation of an order is binding and is in accordance with Act No. 102/2014 Coll., as amended, and is considered as a distance selling contract.

For every order the Customer has to state their name and surname, delivery address and billing address, phone number, and e-mail. In accordance with the Act on Protection of Personal Information No. 122/2013 Coll., as amended, the provided data will be used only in the context of the contractual relationship between the Customer and the Seller and will not be disclosed to third parties with the exception of those listed below in point 6.

By placing an order, the Customer agrees with the Terms and Conditions and understands them. The Customer can only place an order via the Seller’s online shop at www.yachtclubaccessories.com.

The payment for the goods ordered through the Seller’s online system is only payable by a bank transfer to the Seller’s bank account and must be made within 10 working days after the order confirmation. 

2. Order cancelation and withdrawal from the contract

The Customer has the right to cancel the order without any fees within the period of 24 hours from its placement. Order cancelation can be done only by sending an e-mail. For an order cancelation it is necessary to state the order number. The Customer will be notified of the confirmation of the order cancelation through e-mail.

The Seller reserves the right to cancel an order (withdraw from the contract), or its part in the following cases:

• If the product ceases to be produced or delivered, or if its price has changed significantly. In such case the Seller will contact the Customer by e-mail in order to agree on a common action. In case the Customer has already paid a part or the whole purchase price, the payment will be refunded back to their account.
• If the payment is not credited to the Seller’s bank account within 12 days,
• If it is not possible to establish a contact with the Customer (wrongly stated phone number, or e-mail, the Customer does not answer the calls, or is not available, they do not reply to the e-mails, etc.).

The Customer has the right to withdraw from the contract in accordance with Act No. 102/2014 Coll. on Consumer Protection related to selling goods or providing of services based of a distance contract or a contract concluded outside operational premises of the seller; as subsequently amended. 

The Customer may withdraw from the contract upon their informing the Seller of such decision in the electronic form by sending the Seller an e-mail where such decision is stated.

For contract withdrawal it is necessary to state the order number, date of purchase and present the original purchase receipt. In case the Customer has already received the purchased goods, they must return such goods at their own expense to the Seller if the withdrawal from the contract is to be effective. The goods must be sent by recorded delivery and insured (not cash on delivery), in the original packaging, the goods must not be damaged whatsoever and it must be complete.

Returning of goods

In accordance with Section 7 Act No. 102/2014 Coll., the goods purchased in our online shop can be returned without stating a reason within 14 working days from receipt of the goods. The goods must be returned to the registered office of the Seller in the original packaging, complete and not damaged whatsoever. The handling and shipping costs for the returned goods must be covered by the Customer. The Seller is not liable for a possible loss of the goods before their delivery to the Seller that is why it is advisable that the Customer send the goods back by insured recorded delivery. The Seller will not receive the goods sent by cash on delivery. The price for the goods including packaging and shipping will be returned to the Customer immediately after the goods have been checked, within 15 days from the delivery at the latest. The Customer must return the goods to the Seller immediately after their withdrawal from the contract with the original invoice or its copy. In case the goods returned to the Seller are damaged, the Customer is obliged to compensate all the costs of the Seller connected with bringing the goods back to their original state as well as the damage caused to the goods (incomplete contents, worn or dirty goods, damaged goods, etc.). The Seller is entitled to deduct the costs necessary to bring the goods back to the original state from the amount to be refunded to the Customer upon their withdrawal from the contract. 

3. Delivery conditions

The Seller agrees:

- to deliver to the Customer the type and quantity of goods ordered for the purchase price and payment terms that apply on the date of sending the order to the address specified in the order.

- to deliver the goods to the Customer suitably packaged to avoid any damage during handling by shipping company.

- the Seller will deliver the goods at the place designated by the Customer. A supply of goods to the place of delivery specified by the Customer is considered as the fulfilment of supply. The goods are delivered with tax documents and forms for withdrawal from the contract.

- if the Seller accidentally sent other kinds of goods than those ordered by the Customer, the Seller will return to the Customer the full amount that the Customer paid for the order, including shipping and handling costs incurred by the Customer after sending the shipment back to the Seller.

Delivery time from ordering of goods is between 3-30 working days from the date of crediting the amount specified in the order confirmation in the full amount to the Seller's account.

In exceptional cases, when certain goods are out of stock, delivery time may be longer. In that case, the Seller will inform the Customer of this fact by e-mail.

The Seller is not liable for:

- late delivery of goods caused by the shipping company

- late delivery of goods caused by incorrect specification of the Customer’s address

- damages to the delivery caused by the shipping company

- failure to delivery which occurred as a result of unforeseeable events.

The Customer agrees:

• The Customer confirms that they chose the subject of purchase in accordance with the offer available in the Seller’s online store www.yachtclubaccessories.com. The Customer declares that they are familiar with the Terms and Conditions of trade, that they understood these conditions and undertakes to comply with them.

- to receive and check the ordered goods

- to pay the price for the goods in full and in accordance with the payment terms in force at the date of the order dispatch.

4. Price, payment terms and shipping

The price of a product is set by the e-shop. Prices are subject to change without prior notice. The Seller reserves the right to change prices in response to changes in prices of manufacturers, importers, tax or import rates, etc.

The Customer makes payments by a transfer to the account of the Seller, or respectively, by credit card via the payment system.

The total amount for the payment includes transport costs.

All the prices are stated in Euros (EUR).

The total price of goods includes shipping and handling.

The invoice sent to the email address of the Customer is the evidence of the purchase as well as serves as delivery note and warranty. 

5. Complaints procedure

It is recommended that before accepting a shipment and paying the Customer check whether the shipment is not damaged. In case of extensive damage (torn packaging, deformation and other extensive damage) do not take over the shipment. In case of damage, it is necessary to place the case entry with the shipping company – a statement recording identified defects caused during transport. If the Customer takes over a shipment despite a visible damage to the package, they are acting on their own responsibility and any claims arising from such acting shall not be acknowledged.  The shipping company is liable for any damage incurred during shipping and handling. On the basis of the statement placed with the shipping company, the Customer will be offered appropriate discount, or receive new products following an investigation and conclusion of the insured event. 

Handling of complaints is governed by the terms and conditions stipulated for specific goods and by the Civil Code. The seller provides 2-year warranty for the goods.

In case of complaint the Customer sends the defective goods to the registered office of the company. Packages must be properly packaged and should contain: claimed goods including accessories, copy of the invoice, description of the defect and contact details of the Customer - the return address, telephone number, e-mail. Goods are sent by either a package or as a registered letter. When sending goods by cash on delivery the shipment will not be accepted. The goods that are subject to a complaint must be delivered clean in accordance with the standard basic hygienic norms.

Shipping costs of the goods subject to a complaint sent by the Customer to the Seller must be covered by the Customer. 

Return shipping costs of the goods sent to the Customer upon a justified claim will be covered by the Seller.

In the event of a product defect during the warranty period, the Customer is entitled to the defect remedy. If the defect of goods is persistent, the Seller will replace the defective product to the Customer by a new product, or another type of product according to the Customer’s wishes. In such case the price difference will be settled by subsequent payment, or refund. In case the remedy of a persistent defect of goods is not viable and the Seller is not in possession of a new product, and, moreover, the Customer does not wish a similar product, the full price that the Customer paid for the goods will be returned to them, including shipping and handling costs.

The warranty does not cover damage caused by:
- natural or excessive mechanical wear and tear
- contamination of goods or parts due to neglected maintenance
- use of goods in conditions of such temperature, dust, moisture, chemical and mechanical influences of the environment that do not match the conditions in which the goods are normally used
- external influences, for example fall or impact
- interference with the goods by unauthorized person (unprofessional repairs or modifications)

- mechanical damage - cutting, damage to the goods caused by heat, goods damaged by excessive physical careless handling, intentional scratching of the goods, etc.

This warranty does not apply to the defects caused by natural disasters and mishandling.

In case of unjustified claim the goods will be sent back to the Customer with relevant explanatory statement.

The complaints about the goods are handled by the Seller without any delay, to a maximum of 30 days from the date of the claim by the Customer.

In case of justified complaint the warranty period is extended by the duration of the claim. If a complaint claimed during the legal warranty period was settled with an exchange of the goods for new ones, then the new warranty period shall begin from the date of the complaint settlement. 

The Customer will be informed about the outcome of the complaints immediately after the decision on the eligibility of the claim has been taken. The Customer will be delivered an e-mail with a report on the complaint.

You can get the information on the status of your order anytime on the e-mail address of the Seller indicated in the header.  

6. Protection of personal data

In accordance with Act No. 122/2013 Coll. on Protection of Personal Data, as amended. The operator of the online store www.yachtclubaccessories.com agrees that the personal data provided by the Customer by means of an order form shall not be, without the consent of the owner of such data, in any way provided to a third party (other than the shipment carrier and the person carrying out marketing and advertising services to the Seller in the context of promoting the goods promoted on the web portal www.yachtclubaccessories.com), and the operator will not use the personal data entrusted to them for any commercial offers whatsoever unrelated to the promotion of the online store www.yachtclubaccessories.com.  At the same time the online store operator undertakes the obligation to delete the Customer's personal data from his database. The purpose of processing personal data is processing and recording of orders. All legal entities are kindly asked to indicate all the particulars required by law when undertaking a purchase. Clients can withdraw from their consent at any time and demand the removal of their personal data from the database of the online store www.yachtclubaccessories.com via e-mail indicated in the header. By placing an order the Customer agrees to the collection and use of information about themselves and their purchases. The Seller undertakes an obligation to never disclose any personal information of the Customer or any other information on the Customer to a third party. The only exception to this is the Customer's personal data provided to the shipment carrier for the purpose of a delivery of goods and personal data provided to the person carrying out promotion of goods offered for sale through the internet portal www.yachtclubaccessories.com for the Seller.

By placing an order in accordance with Provision §4 Art.3 Act No. 122/2013 on Protection of Personal Data, as amended, the Customer gives freely their express consent to the operator of the online store for processing of their personal data. The Customer gives their consent to the processing of the data provided until their withdrawal from such consent.

Provision §4 Art.3 Act No. 122/2013 on Protection of Personal Data, as amended, the Customer gives their freely given explicit consent to the processing of personal data provided to the operator of the online portal for marketing purposes. The Customer gives their consent to the processing of the data provided until their withdrawal from such consent.

The Customer is entitled to withdraw from their consent to the processing of personal data without stating their reason whatsoever at any time by force of a written request or request sent to the operator by e-mail.

In accordance with Act No. 122/2013 Coll. on Protection of Personal Data, as amended, the Customer has the right to require upon a written request:

• Information on the status of processing of their personal data in the information system to the extent stated in the Act No. 122/2013 Coll. on Protection of Personal Data, as amended.
• A copy of their personal data subject to processing,
• Correction of the incorrect, incomplete or not updated personal data subject to processing,
• Deleting of their personal data if the purpose of its processing was fulfilled in accordance with Provision §17 Art.1 Act No. 122/2013 Coll. on Protection of Personal Data, as amended,
• Deleting of their personal data subject to processing in case of a breach of the state law.

7. Use of materials from the website

All rights are reserved. Use of the content or its parts, especially reproduction and distribution of photos, texts, and images by electronic or mechanical means without the written permission of YACHT CLUB ACCESSORIES, Ltd., the operator of www.yachtclubaccessories.com, is prohibited. 

8. Final provisions

The supplied goods carry a trademark of the Seller registered by Industrial Property Office of the Slovak Republic. The subsequent reselling of the goods without the prior written consent of the Seller is prohibited.

The Customer declares that before completing or placing an order they have been acquainted with these business Terms and Conditions and the Complaint Procedure and that they agree with them.

Notwithstanding any other provisions of the contract, the Seller is not liable to the Customer for lost profits, loss of opportunity or any other indirect or consequential loss incurred due to negligence, breach of contract or arising in any other way.

These terms and conditions have been formulated and established in good faith to meet the statutory conditions and modalities of correct contractual relations between the Seller and the Customer. If a competent authority of the Slovak Republic proves that the fulfilment of the any provision of these terms be invalid or unenforceable, in whole or in part, the validity and enforceability of the other provisions and the remainder of the relevant provisions shall not be affected thereby.

The rights of the Customer - the buyer in relations to the Seller arising upon existing legislation remain unaffected by these conditions.

Legal terms and conditions which are not explicitly regulated hereby, as well as any disputes arising from the failure to meet such conditions are governed by the provisions of the Civil Code and related legislation.

The Seller and the Customer have agreed to fully accept long distance communication - electronic form of communication, especially through electronic mail and Internet network as a valid and binding on both parties.