General terms and conditions
of the online store www.klmwear.com
Terms and conditions
- KLMW s.r.o. is a manufacturing and trading company dedicated to manufacturing and selling of trendy clothes for motorcyclists intended for use in urban conditions. Some products sold in this online store have safety features which provide the rider with a higher level of protection than casual clothing; however, they are not to be considered as professional protective clothing. For riding in conditions outside towns and cities we recommend wearing a padded leather suit for maximum protection.
- Riding a motorcycle is an amazing hobby. However, we should all bear our safety and the safety of all the others around us in mind at all times. We should not depend on the fact that thanks to wearing protective clothing nothing can happen to us. Enjoy the joy of the ride in KLMwear apparel yet act responsibly on the road so that our products can last you as long as possible.
- These terms and conditions apply to contracts between the seller and the end consumer. Contracts between the seller and other business entities are governed by specific terms and conditions. Please contact us by email or phone for further information.
- These general terms govern the rights and duties of contracting parties arising from the purchase agreement. “Return policy” is an inseparable part of the general terms and conditions.
- These general terms and conditions and all legal relations between the seller and the buyer are governed by the law of Slovak Republic. All disputes which may arise between the contracting parties shall be first solved out of court.
Definition of basic concepts
- “Seller” – the supplier of goods through the internet website of the online store www.klmwear.com is KLMW, s. r. o., Streženická cesta 1025, Púchov 020 01, Slovakia, VAT Reg. Nr: SK 212 0291 448, phone nr. : +421 901 755 550 website: www.klmwear.com, e-mail: email@example.com (hereinafter referred to as „the seller“)
- “Buyer” is the customer – a natural person, who does not act within their business activity, job or employment when closing and performing the contract and who has placed an order through the online store.
- “Online store” means the computer system located on the internet with public access, which enables ordering goods with the seller.
- “Goods” means the products offered for sale on the webpage of the online store.
- The “order” arises at the moment of selecting goods or services by the buyer including the complete filling in of the order form and confirming the order procedure in the online store.
- The buyer fully accepts electronic communication, mainly carried out through e-mail communication.
- All prices are contractual. The prices at the online store are final and binding for both contracting parties at the moment the purchase is made. The prices are inclusive of VAT and all other taxes and fees which the consumer must pay in order to acquire the goods. This excludes any potential shipping costs under the “shipping costs” section.
- The order arises at the moment of selecting goods by the buyer, including the complete filling in of the order form and confirming the order procedure in the online store by pressing the button „order with obligation to pay”. For the proper processing of the order it is necessary to fill in the required details in the order form and select the payment method for ordered goods.
- By sending the order, the buyer agrees with the price of ordered goods, which means that the order becomes binding for the consumer.
- An e-mail generated after the order has been placed is sent to the Buyer, confirming that the order has been accepted; this e-mail is not a confirmation that the purchase agreement was concluded.
- The purchase agreement is concluded by the confirmation of order by the buyer. This order can be changed, cancelled or amended only by mutual consensus of the buyer and the seller unless the law or any other regulations state otherwise.
- By sending the order, the buyer is bound to pay the purchase price of the ordered goods.
Rights and duties of contracting parties
- The buyer is obliged to:
◦ pay the agreed price for the goods and potential shipping costs to the seller,
◦ acquaint themselves thoroughly with the description, features and characteristics of the goods, the contents of the packaging, care of the product and all available information about the product published at the online store before placing an order,
◦ take delivery of ordered goods. Should the goods delivered by a GLS currier not be received at the first attempt, they will be prepared to be received within the next 5 business days. Afterwards, the goods shall be returned to the seller and the buyer is bound to compensate the seller for the loss on the shipping costs amounting to 6EUR.
◦ check the intactness of packaging and goods when accepting the delivery.
- The seller is obliged to:
◦ supply the goods to the buyer as requested in terms of quality and quantity and for the agreed price,
◦ send all product documentation like the invoice for goods and instruction manual along with the product or subsequently.
- The payment for goods sold at the online store can be made using one of the following methods:
◦ Non-cash payment – credit card payment through a payment gateway,
◦ Non-cash payment through PayPal.
◦ Bank transfer to our account
- The seller shall dispatch the complete order in the shortest time possible (usually within 7 business days). The seller offers only the goods which are in stock. Should the goods not be in stock despite being offered at the online store, the seller will immediately inform the buyer thereof.
- Along with the goods, the customer is also sent the invoice (tax document), the maintenance manual and all other important documentation necessary for the proper use and maintenance of goods. The customer agrees with the delivery of the invoice in electronic format. Should the customer want to be issued a paper form of the invoice, they shall state it in the note within the order form.
- The seller carries out the delivery to the buyer through:
◦ Slovenská pošta a.s. (Slovak Post)
◦ the parcel service of GLS,
- When using the parcel service, the customer receives a dispatch confirmation e-mail or sms message (or both) immediately after goods have been sent, informing them about the method and date of delivery, the possibility to redirect the parcel and other possibilities of handling, e.g. the possibility to hold the parcel with the carrier or to pick it up at a collection point etc.
- Consignments sent to the EU states are usually delivered within 3-7 business days after they are dispatched.
- Smaller orders sent via Slovenská pošta a.s. (Slovak Post) are always sent as registered parcels. The customer can ask for the parcel number for the purpose of tracking.
Shipping and packaging costs and payment options
- The shipping costs depend on the value of the ordered goods and the country of destination. The prices are set as follows:
Country of delivery
Other EU countries FREE for orders over 258EUR
10 EUR for orders from 178 to 258 EUR
18 EUR for orders from 1 to 177 EUR
Portugal, Spain, Sweden, Finland FREE for orders over 258 EUR
18 EUR for orders from 178 to 258 EUR
24 EUR for orders from 1 to 177 EUR
- The seller and the buyer can make a different delivery arrangement when shipping the goods, e.g. collection in person.
Right to withdraw from the contract without stating reasons and consumer advice
- The purpose of the right to withdrawal from the contract given by the Act no. 102/2014 Coll. on Consumer Protection related to selling or providing of services based on a distance contract, or a contract concluded outside operational premises of the seller; as subsequently amended (hereinafter referred to as the „act“) is to give the buyer the possibility to acquaint themselves with the goods in the same way as in a bricks and mortar shop; they can, for example, try out the goods so that they can find out the characteristics and functionality of the goods. They do not have, however, the right to start using the goods and send them back to the seller after several days; it is not possible to return the goods which have been used more then it’s needed to try them out, unless the seller decides differently in particular cases.
- The goods can be returned only in the original condition as they were delivered – unused, including all documentation, tags and labels etc. The seller checks the returned goods and if they meet the conditions for return, the seller shall refund the money within the appropriate period as stated in the following points.
- The buyer has the right to withdraw from the purchase agreement before the delivery of the goods or within 14 calendar days of receipt of the goods. To return goods you can use the following form: Withdrawal from the purchase agreement .
- In case of withdrawal from the purchase agreement within the 14 day period, the buyer is obliged to deliver the withdrawal in writing on or before the last day of the period to the address of the seller, or to submit this written withdrawal to be delivered by post to the address of the seller on or before the last day of the period. The buyer shall send the goods (most preferably by registered parcel) along with the proof of purchase back to the address of the seller stated above within 14 days of withdrawal from the purchase agreement, unless the seller explicitly express they will to collect the goods in person.
- The seller shall refund the full price paid for the goods including the shipping costs within 14 days of delivery of the written withdrawal from the purchase agreement. The seller is not obliged to refund the price of the goods before the returned goods are delivered to their address or before the buyer proves that they have sent the goods back to the seller’s address.
- The right to withdrawal from the contract does not apply to goods and services set out in Section 7(6)(a to l) of the Act no.102/2014 Coll.
Protection of personal data
- KLMW s.r.o., as the personal data information system operator, processes personal data in the way and to the extent set out in the Act no. 122/2013 Coll. on personal data protection. The operator has adopted adequate measures for the protection of personal data of their customers. The personal data is processed in the information systems of the seller, which are registered with the Office for personal data protection of the Slovak Republic.
- Personal data processed by the operator is used strictly by the operator for the purpose of carrying out their duties towards customers and for the internal needs of the seller (e.g. market research, customer satisfaction assessment). For the purpose of order processing, the operator processes the personal data only to the extent necessary to register and deliver the order, mainly the (degree) title, first name, surname, address (street name, town, post code), e-mail address, telephone number and details relating to the ordered goods.
- Providing the buyer has agreed with processing of their data for marketing purposes, the seller can address them mainly by sending e-mail messages to their contact e-mail address. The buyer can withdraw their consent in writing at any time, by sending a withdrawal of consent for use of personal data pursuant to the current act on personal data protection.
- The operator provides personal data to third parties solely for the purpose of fulfilling their contractual obligations towards their customers, mainly to delivery companies and parcel service providers.
- The return policy is an inseparable part of these general terms and conditions.
- By sending the order, the buyer confirms that they got acquainted with the product description, its characteristics and maintenance, the general terms and conditions and return policy, and agrees unreservedly with their wording. In case of a change in the general terms and conditions or return policy, the relations between contracting parties shall be governed by the general terms and conditions in force at the moment when the order is placed by the buyer. The general terms and conditions are delivered to the buyer along with the order confirmation.
- Any affairs and relations not set out by these general terms and conditions and their inseparable parts (annexes) are governed by the relevant provisions of general binding rules, mainly Act no. 40/1964 Coll., Act no.250/2007 Coll., Act no. 102/2014 Coll., Act no. 122/2013 Coll., Act no. 22/2004 Coll., and Act no. 513/1991 Coll.
- These general terms and conditions including all their parts come into force on 01 July 2016.
- The process of making and handling complaints is governed by the provisions of the general binding rules regarding consumers, mainly the Act no. 250/2007 Coll. on consumer protection as amended and Act no. 40/1064 Coll. Civil Code as amended.
- The proof of purchase and, where appropriate, the warranty card with the identification number or serial number and the warranty period are enclosed with the purchased goods. In case the warranty card is not enclosed with the goods, the proof of purchase serves as the warranty card. In such cases, the proof of purchase shall suffice for the resolution of the complaint.
- The risk of damage to the goods passes from the seller to the buyer at the moment the buyer receives the delivered goods. The buyer is obliged to make an inspection of the goods upon delivery.
- Should the buyer reveal a damage to the goods upon receipt, they are obliged to immediately make a record of the nature and extent of the damage (damage protocol) whose correctness must be confirmed by the carrier.
- The damage protocol should include the identification of the buyer, shipment number, date and time of receipt of the goods, confirmation of the carrier and possibly a photo of the parcel and goods.
- Based on the damage protocol made in the way stated above, which must be delivered to the buyer immediately after receiving the goods, the seller may offer to eliminate the defect by repairing the goods, supplying new goods as replacement or providing an appropriate discount (the liability for damage during transit shall be borne by the carrier – the goods are insured). Should the buyer not do so, they can make a claim based on the defects revealed by such inspection only in case they prove that the goods had been damaged or defective before the moment of receipt of the goods.
- Should the buyer find out a difference in quantity or type of goods received and the information stated on the invoice, they are obliged to report this to the seller within 3 days of the receipt of goods.
Warranty terms and conditions
- The length of the warranty in months is stated on the warranty card or invoice. Should the length of the warranty not be stated on an item of goods, the warranty period for that item shall be 24 months.
- The warranty period shall start on the day of the delivery of the goods to the buyer and shall be extended by the period equal to the period of warranty repair, whose length is the period starting on the day the claim was made and ending on the day the buyer is obliged to collect the goods, even if the buyer fails to do so. The buyer is obliged to report all detected defects to the seller by filling in the claim form and sending it to the address of the seller or the e-mail address stated in the seller’s contact details.
- The buyer shall send the defective goods to the seller straightaway or together with the claim form. The parcel must contain the returned goods, a copy of the proof of purchase and the claim form (in case it has already been sent by e-mail, the buyer shall state this information on the copy of the proof of purchase along with the date the e-mail was sent and the e-mail address the claim form was sent from).
- Once the seller has received the claim form, they shall determine the way the complaint will be resolved. The day the seller receives the goods and the claim form shall be deemed as the day when the claim was lodged.
- Once the way the complaint should be resolved has been determined, it shall be resolved immediately; in well-grounded cases the complaint may be resolved at a later date, but no later than 30 days after it was lodged. After the expiry of this period, the buyer has the right to withdraw from the purchase agreement or they are entitled to have the goods replaced with new goods.
- In case of a repairable defect on the product, the complaint shall be resolved in a following way:
◦ the seller shall ensure that the defect is repaired or eliminated, or
◦ the seller shall replace the defective goods.
- In case of a non-repairable defect or a repairable defect which has reoccurred several times, or several different repairable defects, the seller shall resolve the complaint:
◦ by replacing the goods with other functional goods having the same or better specifications, or refunding the purchase price.
- The resolution of the complaint shall apply only to the defects stated in the claim form.
- There is no right to claim under warranty in the following cases:
◦ the goods were damaged during the transport. Such damages shall be covered by the shipping insurance on the goods in transit.
◦ the goods were mechanically damaged or damaged by natural elements (water, fire, lightning or any other vis-major); the goods were damaged by excessive strain or use contrary to the conditions stated in the documentations or by another external influence;
◦ the goods were damaged by use which was contrary to the instruction manual.
- The buyer has no right to claim under warranty for defects which he was informed about by the buyer at the time when the purchase agreement was being concluded, or for those about which he must have known, taking into account the circumstances under which the purchase agreement was concluded; this mainly applies to discounted goods, whose altered characteristics are stated in the product description.
- When a complaint is lodged, the seller is obliged to issue the consumer with a complaint confirmation. Should the complaint be lodged by means of remote communication, the seller is obliged to deliver the complaint confirmation without undue delay, but at latest together with the confirmation of complaint resolution letter.
- The seller is obliged to issue a written document on complaint resolution no later than 30 days after the complaint was lodged.