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 a Certificate of Conformity (COC) for an imported vehicle in accordance with Article No. 16 of Act No. 725/2004 Coll. on the Terms and Conditions for Operating Vehicles in Road Traffic and on the changes and amendments to some Acts as amended. The Certificate of Conformity (COC) is a document that is issued by the producer confirming that the produced type of vehicle fulfils all the technical requirements prescribed for the type approval of EC (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")that is specified in greater detail in Article II of these Terms and Conditions.
1.6 The Provider is 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, who has been assigned the status of a Regular client by the Provider.
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 on the Provision of a Certificate of Conformity 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, make of the vehicle, country of first registration, Vehicle Identification Number (hereinafter referred to as the “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 a prolonged period for 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, in particular the Customer shall have correctly and properly marked mail box. – postal box.
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.
6.7 The Provider reserves the right to issue discount vouchers under the following conditions:
a) The Provider can issue:
- an individual discount voucher to a specific recipient (Customer) that can be used by the Customer, depending on its type, only once, i.e. related to one order or repeatedly for several orders
or
- a general discount voucher that does not indicate the recipient (or in the form of publishing in a newspaper etc.), in which such a voucher may be used by the Customer repeatedly;
b) discount vouchers are a marketing instrument that are issued by the Provider irregularly based on their consideration, while the Customer has no legal right to them whatsoever;
c) each discount voucher contains an identification code, a date until which the discount voucher is valid, and the amount in EUR of the discount voucher’s value;
d) discount vouchers may not be used retroactively, but rather only with a new Order and that no later than when filling out the electronic order by indicating the discounted amount and the identification code that are indicated on the discount voucher;
e) discount vouchers may not be used after their expiry date;
f) discount vouchers have no monetary value and, in case of their expiry, loss, or theft (in case of an individual discount voucher), the Customer may not request their replacement or cash compensation;
g) it is assumed that the vouchers are used by the Customers in good faith. If the Provider has a reasonable suspicion that the voucher was used unjustifiably or in breach of these conditions, the Provider shall be entitled to reject or cancel any vouchers issued as of that moment, and the respective Customer shall have no right to any claims from the Provider as a result of such a rejection or cancellation.
6.8 In case of a delay in the payment of remuneration on the part of the Customer (missed due date of the invoice), unless the parties hereto agreed on payment after the certificate’s provision, the Provider is entitled to a penalty interest amounting to 0.5% of the owed amount for every day of delay until its payment in full. If the Customer is in delay of payment, the Provider is no longer obliged to provide the Certificate of Conformity, and has the right to cancel the already confirmed orders.
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 If circumstances arise that were unpredictable at the time of the contract conclusion that present an objective impediment preventing the Provider to fulfil the contractual obligations, the Provider is entitled to postpone the deadline for provision by the period of duration of such an impediment, while the Provider is not in delay of Certificate of Conformity provision during the impediment duration. The Provider is, however, obliged to inform the Customer about this fact and about the estimated period of provision in accordance with the Item 3.1. Letter f) of these Terms and Conditions.
7.5 In case of a Provider’s delay in the provision of the Certificate of Conformity of more than 21 days from the date of the announced delivery, the Customer shall have the right to a discount of €50 off the purchase price. A discount shall be provided to a Customer based on a voucher in accordance with Clause 6.7 of these Terms and Conditions.
7.6 The Customer shall be notified of theCertificate of Conformity delivery no later than one day before its provision.
7.7 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.
7.8 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 7.7 hereto.
7.9 The delivery to the delivery address is ensured by the Provider.
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) The Customer cannot cancel the order, however, after its binding confirmation. This shall also apply to regular clients, unless the parties agree otherwise.
In case of an order cancellation upon agreement, 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.
e) loss of delivery caused by wrong address entered by the Customer as the recipient of the delivery.
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 Provider shall be liable only for those defects in the Certificate of Conformity that were caused by the Provider. The Customer shall have the right to request the removal of defects from the Certificate of Conformity 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.
10.3 In case of any defects of the Certificate of Conformity, the liability for which lies with the Customer (e.g. due to incorrect filling in of the electronic order according to Item 2.3. Letter a) of these Terms and Conditions) or defects of the Certificate of Conformity, the liability for which lies with the producer of the vehicle itself (e.g. error in the VIN number of the vehicle or another serious flaw in the writing that is a cause for rejection to provide the corresponding Certificate of Conformity), the Provider shall provide on request of the Customer cooperation in order to carry our an improvement, especially to provide a Certificate of Conformity without defects. Cooperation in accordance with the previous sentence may in no way be considered to be an acceptance of liability on the part of the Provider for such defects of the Certificate of Conformity. Unless the contractual parties agree otherwise, the costs incurred by providing a Certificate of Conformity without defects are to be covered by the Customer.
10.4 In case the relevant authority decides to not acknowledge a Certificate of Conformity, due to defects that the Provider is liable for in accordance with the above Clause 10.2, and the Customer documents this to the Provider by submitting a written decision of the relevant authority about the rejection of the Certificate of Conformity and the original Certificate of Conformity, the Provider shall be obliged to return to the Customer 110% of the paid remuneration, which is referred to as a 110% Money Back Guarantee.
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 13.10.2010.
