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EuroCoc > General Terms & Conditions

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, incorporated in the Companies Register of District Court Bratislava I, Section: Sro, Insert No.: 46925/B Business Identification No.: 36 804 339, VAT No.: SK2022416968 e-mail: info@eurococ.eu tel.: +421 2 3260 3163 Supervisory authority: Slovak Trade Inspection for the Bratislava region, with its seat at Prievozská 32, 820 07 Bratislava.
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, under which EuroCoc, spol. s r.o. as the Provider (hereinafter referred to as the "Provider") undertakes to provide and deliver the Certificate 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" or “contract”).
1.3 The subject matter of the Contract on the Provision of a Certificate shall be the provision of any of the following certificates:
1.3.1 certificate of conformity (COC) for an imported vehicle in accordance with §5 of Act No. 725/2004 Coll. on the Terms and Conditions for Operating Vehicles in Road Traffic, as amended. The COC is a document that is issued by the producer that confirms that the produced type of vehicle fulfils all the technical requirements prescribed for the type approval of EC; or
1.3.2 attestation as a document issued by the representative of the producer providing full details about the registration of the vehicle; or
1.3.3 partial attestation as document issued by the representative of the producer supplying details for the additional approval process enabling the consequent registration of the vehicle; or
1.3.4 vehicle manual(hereinafter referred to as the "Certificate").
1.4 In the event that the Provider and Customer do not conclude a special Contract on the Provision of a Certificate in writing, the Contract on the Provision of a Certificate shall be concluded via the 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, and constitute an inseparable part of the Contract on the Provision of a Certificate in their amended form, and are binding for both parties.
1.6 The Customer is a natural person or a legal entity that has sent an electronic order for the delivery of a Certificate 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 delivered based on orders for the provision of a Certificate, 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 shall be provided, such 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.
2.2 By sending 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 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 the case of a legal person - VAT taxable person;
b)            type of vehicle, make of 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)            term of provision and price for provision of the Certificate, including costs of delivery;
d)         the electronic order must also include 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 the Certificate.
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 The Contract on the Provision of a Certificate 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 shall then be concluded upon the approval of the electronic order on the part of the Provider by the e-mail of the Provider addressed to the Customer with information on the processing of the electronic order, confirmation on payment of the price and term of delivery of the Certificate; this e-mail shall be delivered to the Customer no later than the next business day following the electronic order. The term of delivery of the Certificate starts from this day on, however, the obligation to obtain the Certificate arises for the Provider only on the condition of the total remittance of payment to the Provider.
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, or several Certificates, shall be invoiced by the Provider to the regular client only after the provision thereof, on the basis of an invoice delivered together with the relevant Certificate(s).
2.6 By sending the electronic order according to Clause 2.1 hereto, the Customer further:
a)            confirms familiarity with these Terms and Conditions and acceptance thereof without any reservation, and
b)            confirms that, for the purpose of concluding the Contract on the Provision of a Certificate, fully agrees and acknowledges the electronic form of communication, in particular through electronic mail (e-mail) and internet, as valid and binding on both parties;
c)            grants its consent with the release and receipt of the invoices in electronic form, i.e. electronic invoice, and
d)            the Customer – consumer confirms that he has been duly advised on consumer rights under Act no. 102/2014 Zz, in particular, that the consumer may not withdraw from the contract, subject matter of which is provision of the service, if provision of the service started with the express consent of the consumer before the expiration of the withdrawal period and
e)            grants an unconditional consent to the processing and use of its personal data in accordance with Act. 122/2013 Coll., which will be used only for the needs of the Provider in connection with the processing of the Customer order and the provision of the Certificate.

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III. RIGHTS AND DUTIES OF THE PROVIDER

3.1 The Provider shall have the duty:
a)            to deliver the Certificate to the Customer according to the parameters entered in the electronic order, and to pack it or ensure its protection during delivery,
b)            to provide a Certificate to the Customer complying to the best knowledge and belief of the Provider with the regulations and orders valid in states of the European Union territory by the process of registration of the vehicles,
c)         to deliver to the Customer, at the latest together with the partial attestation, a cover letter containing specific instructions and information on the procedure of registration of the vehicle,
d)            to provide a tax document to the Customer in written or electronic form,
e)            to enter electronic orders into the system, and deal with them in sequence as they come,
f)             to provide the Certificate to the Customer in the shortest period possible under the conditions stated in Clause 7.4 hereof.
3.2 The Provider reserves the right:
a)            to proper and timely payment from the Customer prior to the provision of the Certificate,
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 on the Provision of a Certificate in the case of the unavailability or non-existence of the Certificate, 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 factual data in the order,
b)            to attach documents to the order required for its processing,
c)            to pay for the provision of a Certificate in a proper and timely manner that is agreed upon by the parties,
d)            to remit the payment for the provision of a Certificate 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 a change thereof by e-mail to info@eurococ.eu or by changing such data directly in the personal virtual account kept at www.eurococ.eu,
f)             to ensure the trouble-free take-over of the Certificate delivery under the conditions stated in Clause 7.8 hereof.
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 for the particular vehicle, or if it is not possible to perform the order, or if the relevant authority denies to accept the Certificate for reasons that do not reside on the Provider ; in such a case, the payment shall be refunded to the Customer without an undue delay in the same amount and the same manner as was the payment remittance. No other costs of any kind occurred to the Customer will be refunded by the Provider.

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V. REGISTRATION

5.1 Registration of the Customer at the web page of the Provider is optional, and is performed by the 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 update the identification data if such changes.
5.3 If the Customer provides complete registration data, such data will serve as a basis for the Provider, and the Provider will use such 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 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 shall be considered to be remitted at the moment of 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, namely after the binding confirmation of the order by the Customer, except where otherwise provided by these Terms and Conditions or agreed by 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 for an invoice for the provision of a Certificate withoVAT to be issued. 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 need 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 publication 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 the case of their expiry, loss, or theft (in the 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 Customer in good faith. If the Provider has a reasonable suspicion that the voucher was used unjustifiably or in breach of these Terms and 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 the 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 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 the 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.

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VII. CONDITIONS OF PROVISION

7.1 Time limits to perform the order and to obtain the Certificate differ and depend on the type, particular make of the vehicle, and country of its first registration.
7.2 The time limit for obtaining individual Certificates 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 determined for the provision and delivery of the Certificate. The delivery time of the Certificate (delivery service itself by post or courier) is not reflected in the time limit.
7.4 In the case the Provider shall not be able to provide the Certificate in the agreed time limit or if circumstances arise that were unpredictable at the time of the contract conclusion that present an objective impediment preventing the Provider from meeting the agreed time limit, the Provider shall be obliged to notify the Customer of this status without any undue delay and notify the Customer on the new expected date of provision of the Certificate, while the Customer agrees hereto. If the Provider fails to provide the Certificate even in the additional reasonable period of time, the Customer has the right to withdraw from the contract. However, if the Customer has expressly informed the Provider at the beginning that it is interested only in the timely provision of the Certificate, the Customer is entitled to withdraw from the contract without granting any additional reasonable period of time. The Provider shall then return the payment to the Customer without undue delay, at latest within 14 days as of such withdrawal, in the same manner as the payment was remitted.
7.5 In the case of a Provider’s delay in the provision of the Certificate of more than 21 days from the original date, the Customer shall have the right to a discount of EUR 50 from 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 delivery by e-mail and/or sms no later than one day before its provision in compliance with Clause 12.1 hereto.
7.7 The delivery of the Certificate to the delivery address is ensured by the Provider, however, the costs of delivery shall be borne by the Customer. The costs of delivery of the Certificate shall depend on the manner 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.
7.8 The Customer shall be obliged to ensure the trouble-free take-over of the Certificate; in particular, the Customer shall be available at the telephone number specified for the delivery on the day of the planned delivery or shall be present at the delivery address; in particular the Customer shall have a correctly and properly marked mail box. If it is not possible to meet this duty, the Customer shall be obliged to notify the Provider in advance in order to arrange another delivery date or to specify a substitute that will meet the duty of takeover of the Certificate for the original delivery recipient. In the case the Customer fails to do so, the Certificate will be deposited at the nearest Access Point , while the Customer will be notified accordingly on the deposition and possibility to collect the Certificate from the respective Access Point within a certain period. If the Customer fails to collect the Certificate from the Access Point, the Certificate will be returned at the cost of the Customer to the Provider, and the Provider shall not be obliged to perform any other attempt of delivery. For any subsequent delivery of the Certificate, the Customer will be charged a fee of 10,- EUR (excluding 20% VAT).
7.9 If the Customer refuses to accept the properly delivered Certificate without a reason, the Customer shall be obliged to reimburse the costs incurred to the Provider by the subsequent back-delivery of the Certificate to the Provider.

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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 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 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 as provision of services started with the explicit consent of the consumer before expiration of the withdrawal period in accordance with article §4 section 6 and article §7 section 6 letter a) of the Act no. 102/2014 Coll., 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.
8.2 The Provider reserves the right to refuse the order or withdraw from the contract 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 is unavailable or
c)            if, even by exerting the necessary effort that is reasonably expected from the Provider, the Provider is not able to deliver the Certificate to the Customer within the agreed time limit and/or for the agreed upon payment, respectively for the price given on the website www.eurococ.eu due to the fact that the price specified by the subcontractor has substantially changed, and unless otherwise agreed upon between the parties; if such a situation arises, the Provider shall inform the Customer immediately of this situation, and if the Customer has already made the payment, the paid amount shall be refunded to the Customer without undue delay, at the latest within 14 days, in the same manner as the payment was remitted, 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 be responsible only for the authenticity (originality) of the issued Certificate. The Provider shall not be liable for the content and the accuracy of the Certificate, for which is responsible the entity (producer of vehicle) that issued the Certificate.
9.2 In the event that the competent authority in the EC type-approval procedure of the individually imported vehicle does not recognize the issued Certificate due to its inaccuracy and the Customer demonstrates rejection of the Certificate by submitting original of such official decision together with the respective Certificate, the Provider undertakes to return the full price to the Customer.
9.3 Further, the Provider shall not be liable for:
a)            late delivery of the Certificate caused by the deliverer (registered post or courier),
b)          late delivery of the Certificate caused by the wrong address of the recipient entered by the Customer,
c)            damage of the delivery caused by the deliverer (registered post or courier),
d)        wrong data on the Certificate caused by the incorrect completion of the order by the Customer,
e)           loss of delivery caused by the wrong address of the recipient entered by the Customer.
f)       rejection to register a vehicle on the basis of the Certificate for non-compliance with the instructions by the Customer, in particular instructions in accordance with Clause 3.1 c) of these Terms and Conditions.

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X. COMPLAINTS

10.1 The Customer shall notify the Provider by phone: +421 2 3260 3163 or e-mail: info@eurococ.eu of any defects of the Certificate without undue delay, however, no later than within 24 months of the takeover of the Certificate. The Customer shall then send the respective Certificate together with the invoice to the address of the Provider's registered office. Upon receipt of the Certificate 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 manner in which the complaint will be solved.
10.2 The Provider shall be liable only for those defects in the Certificate that were caused by the Provider. The Customer shall have the right to request the elimination of defects from the Certificate with the delivery of a new Certificate at the cost of the Provider. If the Provider is not able to ensure a new Certificate, or if its provision would involve unreasonable costs, or if the Provider does not ensure the Certificate in an appropriate additional period of time, the Customer has the right to withdraw from the contract and to claim a refund of payment, then the conditions under the Clause 4.2 hereof apply accordingly.
10.3 In the case of any defects of the Certificate, the liability for which lies with the Customer (e.g. due to the incorrect filling in of the electronic order according to Clause 2.3 of these Terms and Conditions) or defects of the Certificate, 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 written form that is a cause for rejection to provide the corresponding Certificate), the Provider shall provide upon the request of the Customer cooperation in order to carry out an improvement, especially to provide a new Certificate without defects. Cooperation in accordance with the previous sentence may in no way be considered acceptance of liability on the part of the Provider for such defects of the Certificate. Unless the parties agree otherwise, the costs incurred in the provision of a new Certificate without defects are to be covered by the Customer.
10.4 In the case the relevant authority decides not to acknowledge a Certificate due to defects that the Provider is liable for, and the Customer documents this to the Provider within the period stated in accordance with Clause 10.21 above by submitting a written decision of the relevant authority about the rejection of the Certificate and the original Certificate, the Provider shall be obliged to refund the Customer with 100% of the paid remuneration, which is referred to as a 100% Money Back Guarantee.
10.5 Information for customers regarding options and terms of dispute settlement using the alternative dispute resolution system (hereinafter only the “ADR”): If the client is unsatisfied with the settlement of his complaint or if the client believes that the supplier violated his rights, then the client has the right to bring a claim against the supplier seeking redress for the violation. If the supplier dismisses the client’s request, or does not respond within 30 days from the sending date of the request, then the client has the right to file a motion (hereinafter only the “Motion”) to an alternative dispute resolution entity (hereinafter only the “ADR Entity”) in accordance with Act No. 391/2015 Coll. on the Alternative Resolution of Consumer Disputes. ADR does not apply to disputes with an identifiable value not exceeding EUR 20. An ADR Entity means the Slovak Trade Inspection, or other legal entity recorded in the Register of ADR Entities kept by the Ministry of Economy of the Slovak Republic. The client can send the Motion to the ADR Entity as a hardcopy, in electronic form, or verbally with a record made. The client can also file the Motion using the form available at the website of the Slovak Trade Inspection: www.soi.sk, or use the ADR platform available at the EU website: http://ec.europa.eu/consumers/odr/index_en.htm. While ADR procedures conducted by the Slovak Trade Inspection are free of charge, other ADR Entities can request that the Client pays an initial fee in the amount of maximum EUR 5 including VAT. In principle, the ADR Entity shall close ADR procedures within 90 days from the commencement date thereof.

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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. 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 registration its interest in receiving the newsletter with information about the current offer of the Provider, or signs up for the newsletter with its email on the website, the newsletter will be sent to the e-mail address of the Customer. The Customer may unsubscribe at anytime from the newsletter by clicking on the unsubscribe link in the newsletter, or by sending an e-mail to the address 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, as long as such data does not enable the identification of individual Customers.

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XII. NOTIFICATION AND NEWSLETTER

12.1 The Customer will receive notifications from the Provider about changes to the status of its order. Notification of 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 calls for payment, information on the receipt of the payment, and information on the shipment of the Certificate. The registered client may unsubscribe at any time from receiving e-mail and/or sms notifications.
12.2 When registering at the web page of the Provider, the Customer may choose to receive the Provider’s 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 the Customer’s registration. The registered client can unsubscribe at any time from receiving 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 version); Terms and Conditions that are changed in this way shall come into force on the date specified therein, but not before the publication thereof 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 the 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 publication on the web page www.eurococ.eu on 06.10.2017.

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