General Terms & Conditions
I. GENERAL PROVISIONS
II. ELECTRONIC
ORDER
III. RIGHTS AND
DUTIES OF THE PROVIDER
IV. RIGHTS AND
DUTIES OF THE CUSTOMER
V.
REGISTRATION
VI. PAYMENT
CONDITIONS
VII. CONDITIONS
OF PROVISION
VIII. ORDER
CANCELLATION
IX.
LIABILITY
X.
COMPLAINTS
XI. PROTECTION
OF PERSONAL DATA
XII.
NOTIFICATION AND NEWSLETTER
XIII. FINAL
PROVISIONS
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 jointly 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 older than 16
years 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.
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 if required by the
producer of the Certificate (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 release and receipt of
the invoices in an electronic form, i.e. electronic invoice
and
d) the Customer – consumer confirms that he has
been duly advised on consumer rights under Act no. 18/2018 Coll.,
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 the Act.
18/2018 Coll., on protection of the personal
data and General Data Protection Regulation, which data will be
used in compliance with our Privacy Policy only for
needs of the Provider and the needs in connection with processing
of the Customer order.
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) 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 the 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 case of the unavailability or non-existence of
the Certificate, or impossibility to perform the order, whereby the
Provider shall not be responsible for any damages occured to the
Customer by the inability to obtain the Certificate.
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 the case of the unavailability or
non-existence of the Certificate 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 undue delay in
the same amount and the same manner as the payment was
remitted.
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.
5.5 Setting up an account will allow you to
order without having to fill in your details every time you would
like to order a CoC. Your personal data and other settings can be
changed at any time via e-mail or in the “Data change“ section
after signing into your account. If you wish to cancel your
registration, send us an e-mail to info@eurococ.eu.
6.1 Payment for the provision of a Certificate may
be remitted via:
a) CardPay – payment by credit card (VISA,
MasterCard, Diners Club),
b) PayPal – electronic payment service (www.paypal.com),
c) by 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 without
VAT 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;
- 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.
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.
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.
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.
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. However, the Provider
shall not be responsible for any damages occured to the Customer
due to non-recognition of the Certificate by the competent
authority.
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.
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. The Provider will process
the complaint without undue delay, at the latest within 30 days
from the day of receipt of the complaint.
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. However, the Provider shall not be responsible for any
damages occured to the Customer due to defects of the
Certificate.
10.5 In the case of natural persons
(consumers), the complaint proceeds according to the legal
provisions of the Civil Code and the Act no. 250/2007 Coll. on
protection of the consumer, in case of entrepreneurs according to
the relevant provisions of the Commercial Code.
10.6 In case the consumer (natural person) is
not satisfied with the manner in which its complaint was settled or
believes that its rights have been violated, the consumer has the
right to file proposal to launch an alternative dispute resolution
to an ADR entity within the meaning of the Act no. 391/2015 Coll.
on Alternative Dispute Resolution. Alternative dispute resolution
only concerns a dispute between a consumer and a seller whose value
exceeds EUR 20,-. The ADR entity is the Slovak Trade Inspection or
another legal entity entered in the list of ADR entities maintained
by the Ministry of Economy of the Slovak Republic. The proposal may
be submitted by the consumer to the ADR entity in paper form, in
electronic form or orally in the minutes. More detailed information
on ADR is available at the Ministry's website at www.economy.gov.sk
or at the SOI website at www.soi.sk.
11.1 Please read more on personal data protection
in our Privacy Policy.
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.
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 publishing on the web
page www.eurococ.eu on 26.9.2018.