Home > General Terms & Conditions
General Terms & Conditions
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 relations between EuroCoc, spol. s r.o. and the
customer that ensue 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 its 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 the 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 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 electronic
transaction system maintained by the Provider 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.
1.5 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 and
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.
1.6 The Customer is a natural person or a legal
entity that has sent an electronic order for delivery of a
Certificate of conformity processed by the web page system after
its own authorisation. The Customer shall
mean:
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 its
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.
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II. ELECTRONIC ORDER
2.1 Electronic order means a sent electronic form
containing identification data of the Customer and the
specification of the vehicle for which a Certificate of conformity
shall be provided which order shall be processed by the web page
system of the Provider (hereinafter referred to as an
"electronic order").The approval of the electronic
order in its last step shall be considered to be a binding proposal
of the Customer to enter into the Contract on the Provision of a
Certificate of
conformity.
2.2 By sending of an electronic order, the Customer
confirms that it 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, e-mail address, residence or the
registered office, or the delivery address, if not the same as the
residence or the registered office, telephone number, invoicing
data, and VAT No. in case of a legal person - VAT taxable
person;
b) type of the vehicle,
make of the vehicle, country of the first registration and year of
first registration, Vehicle Identification Number (hereinafter
referred to as the “VIN number of the
vehicle”);
c) time of delivery and
price for provision of
COC;
d) the electronic order
must include also other data, if this is mentioned with respect to
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);
e) method of delivery of
COC.
2.4 An electronic order that does not include all
the data mentioned in Clause 2.3 hereto shall not be taken into
account as the binding proposal to conclude a contract and, in such
a case, the Provider only announces the reasons to the Customer
that its electronic order has not been
accepted.
2.5 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 the Customer. The Contract on the Provision of
a Certificate of conformity shall be then concluded by an implied
approval 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 (generally first e-mail or sms of the
Provider addressed to the particular Customer with information on
payment of price and term of delivery of the 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 The same as stipulated in 2.5.1
shall apply to the Customer which is a regular client, however, the
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, on the
base of an invoice delivered together with the relevant
Certificate(s) of
conformity.
2.6 By sending of the electronic order according to
Clause 2.1 hereto, the Customer
further:
a) confirms that got
familiar with these Terms and Conditions and accepted them without
any reservation
and
b) grants its consent
with release and receipt of the invoices in an electronic form,
i.e. electronic invoice
and
c) has been advised of
the right of the consumer to withdraw from the Contract on the
Provision of a Certificate of conformity
and
d) grants an
unconditional consent to the processing and use of its personal
data in accordance with the Act. 428/2002 Coll., which will be used
only for needs of the Provider and the needs in connection with
processing of the Customer
order.
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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, it
shall be obliged to notify the Customer of this status without an
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 from 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 from the
contract in case of the unavailability or non-existence of the
Certificate of conformity, or impossibility to perform the
order.
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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.
4.2 The Customer shall have the right 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 an undue delay in
the amount that was sent to the Provider’s
account.
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V. REGISTRATION
5.1 Registration of the Customer at the web page of
the Provider is optional and is provided by opening of a personal
account of the
Customer.
5.2 The Customer must at least specify its 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.
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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 agreed by
the contractual
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 its 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 its 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 fails to pay even
in additional period stated by the Provider in a written notice
(sent by e-mail or sms), the Provider is no longer bound by the
confirmed order(s), and has the right to withdraw from the Contract
on provision of the Certificate of
Conformity.
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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 Clause 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 the
Certificate of Conformity delivery by e-mail and/or sms no later
than one day before its provision in compliance with Clause 12.1
hereto.
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 Clause 7.7
hereto.
7.9 The delivery of the Certificate of Conformity to
the delivery address is ensured by the Provider, however, the costs
of delivery shall be born by the Customer.The costs of delivery of
the Certificate of Conformity shall depend on the way of delivery
chosen by the Customer, either registered post or courier. The
costs will be determined within the last step of approval of the
electronic order by the Customer and invoiced to the Customer in
this amount together with the
remuneration.
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VIII. ORDER CANCELLATION
8.1 The
Customer:
a) shall have the right
to cancel the order, without giving a reason, at any time before
the payment remittance. Hence, the Customer cannot cancel the order
after the payment is remitted to the account of the Provider. This
provision shall not apply towards a regular client, whose order
shall be cancelled upon the agreement with the Provider, on the
condition that no significant costs were incurred by the Provider
in this context as of the date of
cancellation;
b) may not withdraw from
the Contract on the Provision of a Certificate of Conformity
according to provision § 12 article 5 section b) and c) of Act no.
108/2000 Coll. (case of supply of services the price of which is
dependent on fluctuations in the financial market which cannot be
controlled by the Provider and/or supply of services made to the
consumer's specifications or clearly personalised), unless the
parties agree otherwise and, in such case, the Provider shall have
the right to claim the full amount of payment from the Customer as
the Provider has already incurred demonstrable costs in connection
with the provision of the Certificate of
Conformity.
8.2 The Provider reserves the right to refuse the
order or its parts in the following
cases:
a) if the Customer has
any outstanding liabilities from previous periods towards the
Provider at the time of the electronic order
entry,
b) if the Certificate of
conformity is unavailable
or
c) if the price
specified by the subcontractor has substantially changed, and even
by exerting the necessary effort that is reasonably expected from
the Provider, the Provider is not able to deliver the Certificate
of Conformity to the Customer within the specified time limit
and/or for the agreed upon payment, respectively for the amount
given on the website www.eurococ.eu, unless agreed upon
otherwise between the
parties;
d) if such a situation
arises, the Provider shall inform the Customer immediately of this
situation and 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 as soon as
possible, in any case within 30 days, whereby the costs for the
bank transfer shall always be borne by the
Customer.
e) if such a situation
arises, the Provider shall inform the Customer immediately of this
situation and, 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 as soon as
possible, but in any case within 30 days, whereby the costs for the
bank transfer shall always be borne by the
Customer.
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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.
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X. COMPLAINTS
10.1 The Customer shall notify the Provider by phone
or email of any defects of the Certificate of conformity without an
undue delay, however, no later than within 24 months of the
takeover of the Certificate of the conformity. The Customers shall
then send the respective Certificate of conformity together with
the invoice to the adress of the Provider's registered office. Upon
receip of the Certificate of conformity which is subject of the
complaint and after recognizing the merits of the claim of the
Customer, the Provider shall be obligated to contact the Customer
in order to agree on the way in which the complaint will be
handed.
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
elimination 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, or 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 from 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
Clause 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 out an improvement, especially to
provide a new 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 parties agree otherwise, the costs incurred by providing a new
Certificate of Conformity without defects are to be covered by the
Customer.
10.4 In case the relevant authority decides not to
acknowledge a Certificate of Conformity, due to defects that the
Provider is liable for and the Customer documents this to the
Provider within period stated in accordance with the Clause 10.2
above 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 refund the Customer with 110% of the paid remuneration, which is
referred to as a 110% Money Back
Guarantee.
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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 shall be obliged not to disclose,
publish, or share it with any other person. The Customer shall be
liable for all activities and orders that occur on its account with
the use of its
password.
11.2 The Provider collects the personal data of the
Customer solely to fulfil its obligations towards the Customer,
notably in relation to the performance of its 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 If the Customer confirms at the time of the
registration, its interest to recieve the newsletter with
information on current offer of the Provider the newsletter will be
sent the e-mail adress of the Customer . The Customer may
unsubscribe from the newsletter by sending an e-mail to the
adress info@eurococ.eu.
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.
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XII. NOTIFICATION AND NEWSLETTER
12.1 The Customer will receive notifications from
the Provider about the changes of the status of its order.
Notification on the current status of the order will be sent to the
e-mail address of the Customer (approximately 6 e-mails) and if
available, the Provider will also send sms notification to the
Customer`s mobile number (approximately 3 sms), especially call for
payment, information on receipt of the payment, information on
shipment of the Certificate of conformity. The registered client
may unsubscribe at any time from receiving of the e-mail and/or sms
notifications.
12.2 When registering at the web page of the
Provider, the Customer may choose to receive our regular
newsletters (approximately once every six to eight weeks). If the
Customer wishes to receive the newsletter, it will be sent to the
e-mail address indicated during its registration. The registered
client can unsubscribe at any time from receiving of the newsletter
from the
Provider.
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XIII. FINAL PROVISIONS
13.1 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, but
not before its publication on the web
page.
13.2 However, the Terms and Conditions shall be
applicable to the individual relation between the Customer and
Provider in the wording that was in force on the day whenthe
binding confirmation of the electronic order was sent by the
Customer, unless the parties agreed otherwise in
writing.
13.3 These Terms and Conditions shall come into
force and effect as of their publishing on the web
page www.eurococ.eu on
18.3.2013.
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