GENERAL TERMS AND CONDITIONS

General terms and conditions

Introductory provisions

These general terms and conditions (hereinafter referred to as the "GTC") apply to the purchase of goods in the online store at www.hqd-vape.eu (hereinafter referred to as the "e-shop"), operated by the trading company MDN Consulting s. r. o. , with its registered office at Karpatské námestie 10A, 831 06 Bratislava , ID: 54067154, (hereinafter referred to as the "seller").
A buyer is a customer who enters into a contractual relationship with the seller by concluding a purchase contract. GTC govern the rights and obligations of the contracting parties and are part of the purchase contract.

Contact details of the seller:

e-mail: info@hqd-vape.eu
phone:+421 911 816 765

postal address: MDN Consulting s. r. o.
Karpatské námestie 10A
Bratislava
831 06
Slovensko

IBAN SK9211 1100 0000 1724 9510 09

Order product

In the e-shop, you shop simply and conveniently by placing goods in a virtual shopping cart. Before sending the order, it is necessary to choose the method of delivery, the method of payment, properly familiarize yourself with and agree to these General Terms and Conditions, which are an integral part of the purchase contract. Immediately before sending the order, we are obliged to provide you with explicit, unambiguous and comprehensible information about:

- the main characteristics of the goods
- the total price of the goods as well as delivery costs, postage and other fees and costs, including VAT
- the period by which we undertake to deliver the goods

The order binds you the moment it is sent by confirming the function marked as "order with payment obligation", which represents information that the order requires payment for the goods. We will process your order without unnecessary delay after sending it, within 24 hours at the latest. The purchase contract is concluded upon delivery of the confirmation e-mail about the receipt of the order.
The confirmation of receipt of the order contains the order number, name and specification of the goods, data on the price of the goods and delivery costs (packaging, postage, cash on delivery fee), payment method, place of delivery, details of the seller, and other information.
All other information regarding your order will be sent to the specified e-mail address. The order is also automatically archived in your account if you shop as a registered customer. For orders of a large quantity of goods and if you are a new/unregistered customer, we will contact you by phone before accepting the order.

Order cancellation

We reserve the right to cancel the order if, after receiving it, it becomes clear that the ordered goods are unavailable due to the stock being sold out, or they have been withdrawn from the offer, and we are therefore unable to fulfill the order under the conditions agreed in the purchase contract, of which we will inform you immediately. Before canceling the order, we will offer you a replacement product. If you do not agree to the replacement performance, we will cancel the order and immediately return all payments received on the basis of the purchase contract.

Terms of payment

All prices and fees are inclusive of VAT. Price promotions are valid while supplies last, unless otherwise stated for a specific product.
The price of the goods does not include the costs of delivering the goods (packaging, postage, cash on delivery fee), which are fully borne by the customer according to the chosen method of delivery and payment.
You can pay in advance or cash on delivery (ie upon delivery of the goods). In case of payment in advance, we ship the shipment after receiving the payment. Payment by bank transfer must be made within 4 working days, otherwise we will cancel the order and the reserved items in it.
Payment methods available depending on the chosen delivery method: bank transfer to our account, PayPal payment.
Account number for non-cash payments:

IBAN SK9211 1100 0000 1724 9510 09

Currency: EURO

Terms of Delivery

The obligation to deliver the goods is fulfilled by handing them over to the customer. The customer is obliged to collect the goods at the agreed place and time. The goods are delivered with a tax document (invoice).
The customer acquires the ownership right to the goods by taking them at the place of delivery. Upon acceptance of the goods, the risk of accidental damage and accidental deterioration of the item passes to the customer. The customer has the right to refuse to accept the goods if the shipment is visibly damaged.
We ship the goods that we have in stock on the day of the order or on the next working day, depending on the time of collection by the carrier according to the chosen delivery method. Goods marked as "Only to order within 24-48 hours." is usually located in an external warehouse at our suppliers and the shipping time is 24 to 48 hours. In the event that some goods are not in stock, we will contact you by phone or e-mail.
The delivery time is 1 to 5 working days from the dispatch of the shipment.
We send the goods by registered mail only when payment is made in advance, otherwise you pay on delivery. Cash on delivery is charged at €1 including VAT.
Packeta SK / Packeta CZ is entitled to unilaterally redirect the shipment to the address of another Z-Point (collection point) in the event that the collection point chosen by you is closed at the time of delivery of the shipment (e.g. due to technical reasons, holidays, etc.). Packet will choose a replacement pick-up point as close as possible to the original pick-up point in the given location, but at the same time taking into account the occupancy of nearby pick-up points.

* Free postage when ordering goods worth at least €50 including VAT. Does not apply to the carrier's seasonal surcharge. Some carriers charge it in the period from 1.11 to 31.12.

Withdrawal from the contract

In accordance with sec. § 7 of Act no. 102/2014 Coll. on consumer protection when selling goods, or providing services based on a contract concluded at a distance, or a contract concluded outside the seller's premises and on the amendment of certain laws, the customer has the right to withdraw from the contract without giving a reason within 14 days of receiving the goods. In the event that the goods were delivered separately within one order, the withdrawal period runs from the moment of receipt of the goods that were delivered last. The period for withdrawal from the contract is considered to have been observed if the notice of withdrawal from the contract was sent no later than the last day of the period. It is possible to withdraw from the contract even before the expiry of the withdrawal period.
It is also possible to withdraw from the contract only in relation to part of the subject of the contract (e.g. in relation to one of several ordered products). You exercise the right to withdraw by any declaration in written form or in the form of a record on another durable medium, which clearly indicates your decision to withdraw from the purchase contract (e.g. by letter or e-mail to the contact addresses listed in the introduction of the General Terms and Conditions). You can use this form here to download to withdraw from the contract. We will immediately confirm receipt of the notice of withdrawal from the contract by e-mail.
By delivering the withdrawal from the contract to the other contracting party, the contract is canceled from the beginning, and the contracting parties are obliged to immediately return everything that they have already provided to each other based on the contract. Without undue delay, no later than 14 days after the date of notice of withdrawal from the contract, we will refund to you all payments, including transport, delivery and postage costs and other costs and fees that we have received from you on the basis of or in connection with the contract, and the same way you used to make your payment. This does not affect your right to agree on a different payment method, for which you cannot be charged any additional fees.
We are not obliged to reimburse you for additional costs if you have chosen a different delivery method than the cheapest regular delivery method offered by us. Additional costs mean the difference between the cost of the delivery you have chosen and the cost of the cheapest normal delivery method offered by us.
However, we recommend that you send it by registered mail (not cash on delivery!) within 14 days of withdrawing from the contract. The deadline is preserved if you send the goods for transport no later than the last day of the deadline. You bear the costs of returning the goods. We are not obliged to return the payments made on the basis of the purchase contract to you before the goods are delivered back to us, or until you prove to us that they have been returned.
Please note that when returning the goods, the buyer is responsible for a decrease in the value of the goods as a result of such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods.
Please note that in accordance with para. § 7 par. 6 letters e) of Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws, the buyer cannot withdraw from the contract, the subject of which is the sale of goods concluded in protective packaging, which is not suitable to return from for reasons of health protection or for hygienic reasons and whose protective packaging was broken after delivery.

Withdrawal from the contract by the seller

We reserve the right to withdraw from the contract if the customer does not receive the goods within the agreed collection period and they are returned to us. We will send the notice of withdrawal from the contract in writing to the e-mail entered during the order (return of goods, order cancelled). The provisions of these General Terms and Conditions on the consequences of withdrawal from the contract shall apply similarly to withdrawal from the contract by the buyer.

Liability for product defects and complaints procedure

We are responsible for product defects according to the relevant provisions of Act No. 40/1964 Coll. of the Civil Code as amended and consumer protection laws (Act No. 250/2007 Coll. and 102/2014 Coll.). The customer is obliged to properly check the goods upon receipt, as the warranty period begins on the day of receipt of the goods by the buyer. We provide a 24-month warranty on the goods. For some components of a consumable nature, within the provided warranty period, their declared lifetime is affected by the intensity of use of the e-cigarette / atomizer as follows: battery 6 months, cartridge / under 5 fillings, heating head 5 fillings.
The warranty does not apply to product defects caused by its use contrary to the intended use or the instructions given in the user manual, mechanical damage, exposure of the product to the dangerous consequences of thermal and/or electromagnetic radiation, the effects of weather and environmental influences (humidity, dust, direct sunlight radiation, vibrations), mechanical damage and unauthorized interference with the goods.
Information on designated persons and service points for warranty and post-warranty service is listed on the back of the warranty card, or we will provide it to you upon request by phone or e-mail. You can download the complaint protocol here.
We recommend that you make a complaint in writing during the warranty period at the address MDN Consulting s. r. o.,Karpatské námestie 10A, 831 06 Bratislava. When applying for a claim, you are required to send a photocopy of the proof of purchase of the goods (invoice), or if you have a warranty card at your disposal, and notify in writing the nature of the defect in the goods. In order to handle the complaint, you are obliged to submit the claimed goods to us together with the accessories. In the case of sending the goods to the address MDN Consulting s. r. o. , Karpatské námestie 10A,831 06 Bratislava you are obliged to carry out all actions necessary to protect the goods from damage during transport. We will not accept the goods sent on cash on delivery - they will be returned to the buyer. We recommend that the buyer insure the goods. The warranty period does not run from the date of receipt of the claimed goods until the date of notification of the result of the claim to the buyer. We will issue you a confirmation about the application of the complaint.
Depending on the nature of the defect, different claims arise from the Civil Code. If it is a defect that can be removed, you have the right to have it removed free of charge, in a timely and proper manner, and we are obliged to remove the defect without undue delay. Instead of removing the defect, you can request the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part, if this does not result in disproportionate costs for us considering the price of the product or the severity of the defect. Instead of removing the defect, we can always replace the defective item with a flawless one, if it does not cause serious difficulties for you. If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, you have the right to exchange the item, or you have the right to withdraw from the contract. You have the same rights if the defects can be removed, but you cannot use the item properly due to the reappearance of the defect after repair, or due to a larger number of defects. If there are other irreparable defects, you have the right to a reasonable discount from the price of the item.
Depending on which of the above claims you assert, we are obliged to determine the method of processing the claim immediately, in complex cases no later than 3 working days from the day of the claim, in justified cases, especially if a complex technical evaluation of the product's condition is required, no later than 30 days from on the day of application of the claim. After determining the method of processing the claim, the claim is processed immediately, in justified cases the claim can be processed later, but processing may not take longer than 30 days from the date of application of the claim. The time limits for handling the complaint begin to run only from the date of receipt of the object of the complaint, if it was not presented when the complaint was made. You have the right to withdraw from the contract or have the right to exchange the product for a new one after the expiry of the deadline for processing the complaint. We are obliged to issue a written document about handling the complaint no later than 30 days from the date of application of the complaint, or taking over the claimed product.

If you applied for a product complaint within the first 12 months after purchase, we can handle the complaint by rejecting it only on the basis of a professional assessment; regardless of the result of the expert assessment, you cannot be required to pay the costs of the expert assessment or other costs related to the expert assessment. We are obliged to provide you with a copy of the expert assessment justifying the rejection of the claim no later than 14 days from the day the claim was processed.
If you applied for a product complaint after 12 months from the purchase and it was rejected, the person who handled the complaint is obliged to indicate in the complaint handling document to whom you can send the product for expert assessment. If the product is sent for expert assessment to a specified person, the costs of the expert assessment, as well as all other related costs, are borne by us, regardless of the result of the expert assessment. If an expert assessment proves the seller's responsibility for the defect, you can apply the claim again; the warranty period does not expire during the performance of the expert assessment. We are obliged to reimburse you within 14 days from the day of re-application of the claim all costs incurred for the expert assessment, as well as all related costs incurred purposefully. A repeated claim cannot be rejected.
After processing the claim, you are obliged to take over the claimed goods within the agreed period, but no later than 1 month from the date of notification of the result of the claim. If you do not pick up the claimed goods even after 1 month from the date of notification of the result of the claim, you will be charged a storage fee of €0.50 including VAT per day, while we are entitled to monetize the claimed goods and unilaterally set off the payable storage fee against the proceeds from the sale of these goods .

Alternative dispute resolution

You have the right to contact us with a request for rectification if you are not satisfied with the way in which we have handled your complaint, or if you believe that we have violated your rights. If we respond negatively to this request, or if we do not respond to it within 30 days of sending it, you have the right to submit a proposal to initiate an alternative resolution of the dispute to the Slovak Trade Inspection under Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws. The proposal can be submitted by the consumer in the manner determined according to §12 of the said Act. You can find the content of the proposal to start an alternative dispute resolution here. Alternative dispute resolution can only be used by a consumer - a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to a dispute between a consumer and a seller, resulting from a consumer contract or related to a consumer contract. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ARS entity may demand payment of a fee for starting an alternative dispute resolution from the consumer, up to a maximum of EUR 5 including VAT.

Final provisions

Supervisory authority:

Inspectorate of the Slovak Trade Inspection in Nitra for the Nitra region
Staničná 9, P.O. BOX 49A
950 50 Nitra 1
tel.: 037/7720 216
e-mail: nr@soi.sk

The rights and obligations between the seller and the consumer not regulated in these GTC are governed by the Civil Code and relevant legal regulations for consumer protection. Rights and obligations between the seller and the buyer: a natural person - an entrepreneur, or by a legal entity, not regulated in these GTC are governed by the Commercial Code. The seller and the buyer have agreed that any disputes arising from their contractual relationship will preferably be resolved by agreement. In the event that an agreement is not reached, for all disputes arising from the contractual relationship between the seller and the buyer, decision-making authority is given to the substantively and locally competent court according to section § 12 et seq. Act No. 160/2015 Coll. Civil dispute procedure, as amended later.
By concluding the purchase contract, you confirm that you have properly familiarized yourself with these GTC, that you have understood their content and that you agree with them in their entirety.

In Komárno, on 18.7.2022