General Terms & Conditions
I. GENERAL PROVISIONS
1.1 These General Terms and Conditions are issued by EuroCoc, spol. s r.o., having its registered office located at Aupark Tower, Einsteinova 24, 851 01 Bratislava, Slovak Republic, Business Identification No.: 36 804 339, VAT No.: SK2022416968, incorporated in the Companies register of District Court Bratislava I, Section: Sro, Insert No.: 46925/B.
1.2 These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") shall apply to the commercial relations between EuroCoc, spol. s r.o. and the customer of the company that ensues from the Contract on the provision of a Certificate of conformity under which EuroCoc, spol. s r.o. as the Provider (hereinafter referred to as the "Provider") undertakes to provide and deliver the Certificate of conformity to their customer (hereinafter referred to as the "Customer"), and the Customer undertakes to pay the agreed-upon amount (hereinafter referred to as "Contract on the Provision of a Certificate of conformity ").
1.3 The subject matter of Contract on the Provision of a Certificate of conformity shall be the provision of Certificate of conformity for a particular vehicle (hereinafter referred to as the "Certificate of conformity ").
1.4 These Terms and Conditions describe the detailed rights and duties of the Provider and the Customer under the Contract on the Provision of a Certificate of conformity , constitute an inseparable part of the Contract on the Provision of a Certificate of conformity in their amended form, and are binding for both contractual parties.
1.5 In the event that the Provider and Customer do not conclude a special Contract on the Provision of a Certificate of conformity in writing, the Contract on the Provision of a Certificate of conformity shall be concluded via the electronic transaction system at www.eurococ.eu (hereinafter referred to as the "web page").
1.6 The Provider is a natural person or a legal person that has sent an electronic order for the delivery of a Certificate of conformity processed by the web page system after its own authorisation. The Customer is:
1.6.1 A registered client – a client registered on the web page (www.eurococ.eu) of the Provider, with a personal account created and assigned based on a registration,
1.6.2 An unregistered client - every client that is not a registered client,
1.6.3 A regular client - a client with at least 10 Certificates of conformity delivered based on orders for the provision of a Certificates of conformity .
II. ELECTRONIC ORDER
2.1 Electronic order means a sent electronic form containing information about the Customer and the specification of the vehicle for which a Certificate of conformity shall be provided, processed by the web page system or an e-mail having been sent to the address of the Provider (hereinafter referred to as an "electronic order"). An electronic order shall be considered to be a proposal of the Customer to enter into a contract with the Provider.
2.2 By sending an electronic order, the Customer confirms that he or she fully agrees and accepts the communication in electronic form, mainly via electronic post and the Internet, as being valid and binding for both contractual parties.
2.3 Each electronic order must include the following:
a) Name and surname or the business name of the Customer, residence or the registered office, or the delivery address, if not the same as the residence or the registered office, telephone number, invoice data, and VAT No. in case of a legal person - VAT taxable person,
b) Type of the vehicle, country of first registration, VIN number of the vehicle, and year of first registration,
c) The electronic order must also include other data, if this is mentioned in the case of a particular make (number of typological approval, colour of the vehicle), or documents related to the subject-matter of the order (copy of vehicle registration certificate, copy of purchase contract, copy of the identification card of the Customer, and photograph of the approval label).
2.4 An electronic order that does not include all the data mentioned in point 2.3 hereto shall not be taken into account as the proposal to conclude a contract and, in such a case, the Provider only announces the reasons to the Customer that their electronic order has not been accepted.
2.5 A Contract on the Provision of a Certificate of conformity between the Customer and the Provider shall be concluded based on an electronic order as follows:
2.5.1 In the event that the Customer is a registered or unregistered client, the Provider processes the electronic order of this Customer and sends it back to the e-mail address of the Customer containing all the data of the electronic order for approval. The electronic approval (by e-mail) shall be considered to be a binding confirmation of the electronic order, where the Contract on the Provision of a Certificate of conformity between the parties is concluded from the moment when the confirmation e-mail was sent by the Customer. The Provider shall then send an e-mail to the Customer containing information on the methods of payment for the provision of a Certificate of conformity . An obligation to obtain a Certificate of conformity arises to the Provider based on a contract concluded in this way only after the total remittance of payment to the Provider. The period of order performance of the Provider starts from the date of payment remittance.
2.5.2 If the Customer is a regular client, the binding confirmation of an electronic order by the Customer shall not be needed, and the Contract on the Provision of a Certificate of conformity shall be concluded by an implied approval of the electronic order on the part of the Provider, being the first act of the Provider leading to the order processing and provision of the Certificate of conformity as specified in the electronic order. Payment for the provision of a Certificate of conformity , or several Certificates of conformity , shall be invoiced by the Provider to the regular client only after their provision, via an invoice delivered together with the relevant Certificate of conformity .
III. RIGHTS AND DUTIES OF THE PROVIDER
3.1 The Provider shall have the duty:
a) to deliver the Certificate of conformity to the Customer according to the parameters entered in the electronic order, and to pack it or ensure its protection during the delivery,
b) to provide a Certificate of conformity to the Customer complying to the best knowledge and belief of the Provider with the regulations and orders valid in the states of the European Union territory by the registration of vehicles,
c) to provide a tax document to the Customer in writing or electronic form,
d) to enter electronic orders into the system, and deal with them in sequence, as they come,
e) to provide a Certificate of conformity to the Customer in the shortest period possible,
f) in case the Provider learns of objective evidence that will or may result in the delay of order processing or Certificate of conformity provision, he or she shall be obliged to notify the Customer of this status without any undue delay.
3.2 The Provider reserves the right:
a) to proper and timely payment from the Customer for the delivery of the Certificate of conformity ,
b) to a technical shut down of the system and maintenance that may cause the temporary unavailability of the web page www.eurococ.eu,
c) to withdraw the contract, if the Customer does not remit the payment within the pre-set time limit,
d) to refuse the order, if the Customer has any outstanding liabilities from previous periods towards the Provider at the time of the electronic order entry,
e) to withdraw the contract in case of the unavailability or non-existence of the Certificate of conformity , or impossibility to perform the order.
IV. RIGHTS AND DUTIES OF THE CUSTOMER
4.1 The Customer shall have the duty:
a) to provide real data in the order,
b) to attach documents to the order required for its processing,
c) to pay for the provision of a Certificate of conformity in a proper and timely manner that is agreed upon by the parties,
d) to remit the payment for the provision of a Certificate of conformity by the maturity date specified in the invoice, in the case that the Provider and Customer have agreed upon this payment method,
e) to update its personal and invoice data in the event of their change by e-mail to info@eurococ.eu or by their change directly in the personal virtual account kept at www.eurococ.eu,
f) to ensure the trouble-free take-over of Certificate of conformity delivery, in particular the Customer shall be available at the telephone number specified for the delivery on the days of the planned delivery or to be present at the delivery address.
4.2 The Customer shall have the right:
a) to cancel the order before its binding confirmation by the Customer,
b) to a refund of the remitted payment in case of the unavailability or non-existence of the Certificate of conformity for the particular vehicle, or if it is not possible to perform the order; in such a case, the payment shall be refunded to the Customer without any undue delay in the amount that was sent to the Provider’s account.
V. REGISTRATION
5.1 Opening of a personal account of the Customer at the web page of the Provider and the access to the personal account of the Customer shall depend on the previous registration.
5.2 The Customer must at least specify their name and surname, or the business name, e-mail address, and password for the registration, and to update the identification data if such changes.
5.3 If the Customer provides complete registration data, these data will serve as a basis for the Provider, and the Provider will use these data to process the orders and tax documents, unless the Customer notifies the Provider of other data for a particular order.
5.4 A personal virtual account of the Customer will be created after successful registration, and the access data that must be confirmed by the Customer by clicking the registration confirmation link, will be sent to the e-mail address of the Customer.
VI. PAYMENT CONDITIONS
6.1 Payment for the provision of a Certificate of conformity may be remitted via:
a) CardPay – payment by a credit card (VISA, MasterCard, Diners Club)
b) PayPal – electronic payment service (www.paypal.com)
c) By a bank transfer to the account of EuroCoc, spol. s r.o. displayed on the web page.
6.2 Payment for the provision and delivery of a Certificate of conformity shall be considered to be remitted at the moment of the total payment receipt on the account of the Provider, unless the parties agree otherwise in writing.
6.3 The Provider requires the advance remittance of payment for the provision of a Certificate of conformity, namely after the binding confirmation of the order by the Customer, save where otherwise provided by these Terms and Conditions or the Agreement of the parties.
6.4 The Provider reserves the right to agree upon different payment conditions with the Customer than those mentioned herein.
6.5 The Provider is a VAT taxable person. The payment may be invoiced without VAT by the Provider only after the validation of the Customer’s registration who is a taxable person. The Customer must enter a valid VAT number in the electronic order in order to issue an invoice for the provision of a Certificate of conformity without VAT. If the Customer does not enter a valid VAT number at the latest by the binding confirmation of the electronic order, or as the registered client in his or her profile, the later notification of this fact must not be accepted by the Provider.
6.6 The Provider does not accept payment by cheque.
VII. CONDITIONS OF PROVISION
7.1 Time limits to perform the order and to obtain the Certificate of conformity differ and depend on the type, particular make of the vehicle, and the country of its first registration.
7.2 The time limit for obtaining individual Certificates of conformity given on the web page www.eurococ.eu is for informational purposes only, and depends on the conditions of other business partners of the Provider. The time limit may differ in exceptional circumstances.
7.3 The waiting period for payment remittance by the Customer is not included in the time limit of certificate provision.
7.4 The Customer shall have the right to a discount in the amount of €50 in case of a delayed provision of Conformity for more than 21 days after the date of the announced delivery.
7.5 The Customer shall be notified of the Certificate of conformity delivery no later than one day before its provision.
7.6 If the Customer refuses to accept the properly delivered Certificate of conformity without a reason, the Customer shall be obliged to reimburse the costs incurred by the Provider by an attempt of its delivery, and subsequent back-delivery of the Certificate of conformity to the Provider.
7.7 The Customer shall be obliged to ensure the trouble-free take-over of the Certificate of conformity; in particular, the Customer shall be available at the telephone number specified for the delivery on the days of the planned delivery or shall be present at the delivery address. If it is not possible to meet this duty, the Customer shall be obliged to notify the Provider in order to arrange another delivery date or to specify a substitute that will meet the duty of a Certificate of conformity takeover for the original delivery recipient. In the event of the failure to do so, the Certificate of conformity will be returned at the costs of the Provider for a repeated impossibility to find the Customer, and the same conditions shall apply as in the case of unreasonable delivery refusal specified in the point 7.6 hereto.
7.8 The delivery to the delivery address is ensured by the Provider.
7.9 If circumstances arise that were unpredictable at the time of the contract conclusion, which shall impede the performance of the Provider’s legal obligations, the Provider shall be obliged to postpone the time limit of provision by the duration of this impediment.
VIII. ORDER CANCELLATION
8.1 Order cancellation by the Customer:
a) The Customer shall have the right to cancel the order without giving a reason at any time before its binding confirmation. The Customer cannot cancel the order, however, after its binding confirmation. These provisions shall also apply to regular clients, unless the parties agree otherwise;
b) regardless of the foregoing, in case of an order cancellation by the Customer, the Provider shall have the right to claim the full amount of payment from the Customer, primarily in case of the "purchase of goods to order" ensured by the Provider at the request of the Customer, or when the Provider has already incurred demonstrable costs in connection with the provision of the Certificate of conformity.
8.2 Order cancellation by the Provider:
The Provider reserves the right to cancel the order or its parts in the following cases:
a) The Certificate of conformity is not delivered or the price specified by the subcontractor has substantially changed. If such a situation arises, the Provider shall contact the Customer immediately in order to reach an agreement on the next steps;
b) If the Provider, by reason of unavailability, even by exerting the necessary effort that is reasonably expected from the Provider, is not able to deliver the Certificate of conformity to the Customer within the specified time limit or for the agreed upon payment, or the amount given on the web page www.eurococ.eu, unless agreed upon otherwise with the Provider.
If the Customer has already paid a part, or the full amount, of the payment, this amount shall be refunded in the same way as the Customer has chosen for payment remittance, namely in the shortest possible period of time, whereby the costs for the bank transfer shall always be borne by the Customer.
IX. LIABILITY
9.1 The Provider shall not be liable for:
a) late delivery of the Certificate of conformity caused by the deliverer (the shipping company),
b) late delivery of the Certificate of conformity caused by the wrong address entered by the Customer as the recipient of the delivery,
c) damage of the delivery caused by the deliverer (the shipping company),
d) wrong data on the Certificate of conformity caused by the incorrect completion of the order by the Customer.
X. COMPLAINTS
10.1 The Customer shall be obliged to notify the Provider of any possible defects in the Certificate of conformity without any undue delay by telephone or e-mail, and to send the Certificate of conformity together with the enclosed invoice to the address of the Provider’s registered office. The Provider shall be liable only for those defects in the Certificate of conformity that were caused by the Provider. The Provider shall be obliged to contact the Customer, and to agree on the handling of complaints with him or her, after the receipt of the returned Certificate of conformity based on an acknowledgement stating that the complaint is justified.
10.2 The Customer shall have the right to request the removal of defects from the Conformity Certificate by the delivery of a new Certificate of conformity at the costs of the Provider. If the Provider is not able to ensure a new Certificate of conformity, if its provision would involve unreasonable costs, or if the Provider does not ensure the Certificate of conformity in an appropriate additional period of time, the Customer has the right to withdraw the contract, and to claim a refund of payment.
XI. PROTECTION OF PERSONAL DATA
11.1 In the event that the Customer registers at www.eurococ.eu, the Customer will be asked to create a password, and he or she shall be obliged to not disclose, publish, or share it with other persons. The Customer shall be liable for all activities and orders that occur on his or her account with the use of his or her password.
11.2 The Provider collects the personal data of the Customer solely to fulfil his or her obligations towards the Customer, notably in relation to the performance of his or her order and delivery of the Certificate of conformity. The Provider shall be held responsible regarding the personal data of the Customer not being used for other purposes, primarily that such data will not be made available to third parties (except within the scope needed for the delivery of the certificate).
11.3 The Provider collects the personal data of the Customer to the following extent: name and surname, or the business name, invoice address, delivery address, e-mail address, contact telephone number and copy of the identification card of the Customer.
11.4 In the event that the Customer asks for the sending of all current information about the offer of the Provider by the registration, its provision shall take place by its being sent to the e-mail address of the Customer. The Customer may send an e-mail to the address info@eurococ.eu in order to cancel this service.
11.5 The Provider may provide summary statistical data about its customers, visit rate, turnover, and other data to third parties or the public, if it is not possible to identify the individual Customers on their basis.
XII. FINAL PROVISIONS
12.1 The Provider reserves the right to a one-sided amendment hereto. Each amendment to the Terms and Conditions shall be valid when the Terms and Conditions are published on www.eurococ.eu in the full text (and the latest), and the Terms and Conditions that are changed in this way shall come into force on the date specified therein.
12.2 The Terms and Conditions shall apply to the individual relation between the Customer and Provider in the wording that was published on the web page of the Provider on the day of the binding confirmation of the electronic order by the Provider, unless the parties agree otherwise in writing.
12.3 By sending the binding confirmation of the electronic order, the Customer accepts without reservation all the provisions of the Terms and Conditions in the wording valid on the day when this order was sent.
12.4 These Terms and Conditions shall come into force and effect from their publishing on the web page www.eurococ.eu on 13.7.2010.
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