Terms and Conditions

INTRODUCTORY PROVISIONS

These General Terms and Conditions govern all purchase contracts and the resulting legal relationships between the company GAMATEX SR, s.r.o., Business ID: 36057606, Tax ID: 2021715377, VAT ID: SK 2021715377, Horná 10, 974 01 Banská Bystrica, registered in the Commercial Register of the District Court Banská Bystrica, section: Sro, insert no. 8074/S, operator of the domain https://ekofakt.com (hereinafter referred to as the “Seller“) and its customers (hereinafter referred to as the “Buyer“).

Buyers are business companies, self-employed persons, associations, companies and firms, as well as other persons for whom the goods are not intended for personal consumption, but for the performance of business activities. The Buyer is an entrepreneur within the meaning of § 2(2) of the Commercial Code No. 513/1991 Coll., as amended. (Commercial Code in Slovak legislation) These General Terms and Conditions do not apply to consumers within the meaning of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises.

The relationships between the Seller and the Buyer are primarily governed by these General Terms and Conditions of the Seller, the concluded purchase contract, and the provisions of the Commercial Code. All deliveries of goods and services and legal relationships carried out during the validity of these General Terms and Conditions are subject to them.

By ordering goods or services, as well as by accepting goods or services from the Seller, the Buyer accepts the General Terms and Conditions of the Seller. By this act, they enter into force for all relationships between the Buyer and the Seller.

I. GENERAL PROVISIONS

1. The Seller is obliged to deliver the goods to the Buyer, hand over the documents relating to the goods, and enable the Buyer to acquire ownership rights to the goods.
2. The Seller is obliged to deliver the goods to the Buyer in the quantity, quality, and design specified by the contract, and must pack or equip them for transport in a suitable manner and hand over to the Buyer the documents necessary for the receipt and use of the goods.
3. The Buyer shall acquire ownership rights to the goods only upon full payment of the purchase price. The Seller reserves a security interest (lien) on the goods until full payment of the purchase price, including any accessories.
4. If securing the obligation to pay the purchase price has been agreed, the Buyer is obliged, within the agreed time or, failing that, in due time before the agreed delivery date, to hand over to the Seller documents proving that payment of the purchase price has been secured in accordance with the contract. If the Buyer fails to fulfil this obligation, the Seller may refuse to deliver the goods until these documents are handed over. If the Buyer does not secure payment of the purchase price within an additionally reasonable period determined by the Seller, the Seller may withdraw from the contract.
5. If the Buyer is in delay with taking over the goods or with paying the purchase price in cases where delivery of the goods and payment of the purchase price are to take place simultaneously, and the Seller has the goods in his possession or can otherwise dispose of them, the Seller must take measures appropriate to the circumstances to preserve the goods. The Seller is entitled to retain the goods (exercise a possessory lien) until the Buyer reimburses the reasonable costs incurred by the Seller in this regard, including the purchase price.
6. Material breach of contract by the Seller presupposes that the Seller knew at the time of conclusion of the contract, or that at that time, taking into account the purpose of the contract arising from its content or from the circumstances under which the contract was concluded, it was reasonable to foresee that the other party would not be interested in the Seller’s performance in the event of such breach of contract. If these criteria for material breach of contract are not met, it is a non-material breach. In case of doubt, a breach of contract is presumed to be non-material.
7. Damage to a thing means loss, destruction, damage, or devaluation of the thing regardless of the causes thereof. The Seller’s liability for damage is limited to the amount of the purchase price of the respective goods. The Seller is not liable for indirect damages, lost profits, or other consequential damages, unless caused by intentional conduct or gross negligence of the Seller.

II. PRICES, PAYMENT TERMS, AND VAT

1. All sale prices in the e-shop are quoted in € excluding VAT. VAT is charged in accordance with the applicable legislation of the Slovak Republic.
2. Conditions for purchase without VAT can be found at: https://ekofakt.com/conditions-for-purchase-without-vat/
3. Conditions for purchase with VAT can be found at: https://ekofakt.com/conditions-for-purchase-with-vat/
4. The purchase price is payable by payment in advance based on the issued proforma invoice. Exception – payment after delivery is granted exceptionally. Payment options are covered in a separate article: https://ekofakt.com/payment-options/
5. In the event that the Buyer has been granted consent for payment after delivery (on invoice), the purchase price is due within 7 days from the date of issue of the invoice, unless the contracting parties agree otherwise. The date of payment means the date on which the amount is credited to the Seller’s account.
6. In the event of delay in payment of the purchase price, the Seller is entitled to charge default interest at the rate of 0.1% of the outstanding amount for each day of delay, without prior notice.
7. The Seller is entitled to request from the Buyer an advance payment of the purchase price in an agreed amount, especially for custom-made products or larger orders.

III. ORDERING GOODS AND CONCLUSION OF CONTRACT

1. The Buyer may order goods by:
   • electronic order via the website https://ekofakt.com,
   • e-mail to info@ekofakt.com, ekofakt.sk@gmail.com,
   • written order,
   • telephone at +421 904 503 215.
2. The purchase contract between the Seller and the Buyer is concluded:
   • by acceptance (confirmation) of the order by the Seller, or
   • by delivery of the goods to the Buyer, if the Seller does not expressly confirm the order.
3. The Seller reserves the right to refuse an order if:
   • the Buyer is in delay with payment of previous invoices,
   • the goods are not available,
   • the order contains obvious errors or discrepancies.
4. Sale conditions can be found at: https://ekofakt.com/informations-term-of-use/purchase-conditions/

IV. RISK OF DAMAGE TO GOODS AND DELIVERY TERMS

1. The risk of damage to the goods passes to the Buyer at the time when the Buyer takes over the goods from the Seller, or if the Buyer fails to do so in time, at the time when the Seller enables the Buyer to dispose of the goods and the Buyer breaches the contract by failing to take over the goods.
2. If the Seller is obliged under the contract to hand over the goods to a carrier at a specific place for transport of the goods to the Buyer, the risk of damage to the goods passes to the Buyer upon handover to the carrier at that place. If the Seller arranges transport, the delivery terms EXW, DAP apply. If the Buyer arranges transport, the delivery term EXW applies.
3. If the purchase contract includes the Seller’s obligation to dispatch the goods, but the Seller is not obliged to hand over the goods to a carrier at a specific place, the risk of damage to the goods passes to the Buyer when the goods are handed over to the first carrier for transport to the destination.
4. Damage to the goods occurring after the risk of damage has passed to the Buyer does not affect the Buyer’s obligation to pay the purchase price, unless the damage to the goods was caused by the Seller’s breach of obligation. These effects do not occur if the Buyer has exercised the right to demand delivery of replacement goods or the right to withdraw from the contract.
5. Detailed delivery terms can be found at: https://ekofakt.com/documents/delivery-options/

V. DEFECTS OF GOODS

1. If the Seller breaches his obligation under Art. I(2) of these General Terms and Conditions, the goods have defects. Defects of goods also include delivery of goods other than specified by the contract and defects in the documents necessary for the use of the goods.
2. If the transport document, the goods handover document, or the Seller’s statement indicates that the Seller is delivering a smaller quantity of goods or only part of the goods, the provisions on defects of goods do not apply to the missing goods.
3. The Seller is not liable for defects of goods of which the Buyer was aware at the time of conclusion or, taking into account the circumstances under which the contract was concluded, should have been aware, unless the defects relate to properties of the goods that the goods were required to have under the contract.
4. The Seller is liable for a defect that the goods have at the time when the risk of damage to the goods passes to the Buyer, even if the defect becomes apparent only after that time. The Seller’s obligations arising from the quality guarantee are not affected thereby.
5. The Seller is also liable for any defect that arises after this time if it is caused by the Seller’s breach of obligations.

VI. QUALITY GUARANTEE

1. By a quality guarantee, the Seller undertakes in writing that the delivered goods will be fit for the agreed use, or otherwise for the usual purpose, for a certain period, or that they will retain the agreed or otherwise usual properties.
2. The assumption of the quality guarantee obligation arises from the contract. The length of the warranty period or the shelf life or usability of the delivered goods may be indicated on its packaging. If a different warranty period is stated in the contract or in the Seller’s warranty certificate, that period applies. If no shelf life or usability period is stated in the contract, warranty certificate, or on the product packaging, the general shelf life or usability periods of the products stated in the Seller’s Complaint Conditions apply.
3. The warranty period begins to run from the date of delivery of the goods, unless otherwise follows from the contract or warranty certificate. If the Seller is obliged to dispatch the goods, the warranty period runs from the date the goods arrive at the destination.
4. The warranty period does not run for the period during which the Buyer cannot use the goods due to defects for which the Seller is liable.
5. The Seller’s liability for defects covered by the quality guarantee does not arise if these defects were caused after the risk of damage to the goods had passed to the Buyer by external events and were not caused by the Seller or persons with whose assistance the Seller fulfilled his obligation.

VII. BUYER’S OBLIGATIONS

1. The Buyer is obliged to pay the agreed purchase price for the goods and take over the delivered goods in accordance with the contract.
2. The Buyer is obliged to take the actions necessary under the contract and this law for the Seller to be able to deliver the goods. The Buyer is obliged to take over the delivered goods unless it follows from the contract that he may refuse to take them over.
3. The Buyer is obliged to inspect the goods as soon as possible after the risk of damage to the goods has passed to him, taking into account the nature of the goods.
4. If the goods are being dispatched to the Buyer, the inspection may be postponed until the goods are delivered to the destination.
5. If the Buyer does not inspect the goods or does not arrange for them to be taken over at the time the risk of damage to the goods passes to him, he may assert claims for defects discoverable upon such inspection only if he proves that the goods already had these defects at the time the risk of damage to the goods passed to him.

VIII. COMPLAINT OF DEFECTS

1. The Buyer is obliged to report defects of the goods to the Seller without undue delay after:
   • the Buyer discovers the defects, or
   • the Buyer, exercising professional diligence, should have discovered the defects during the inspection he is obliged to carry out.

   In any case, the Buyer is obliged to notify the Seller of defects no later than 14 days from the receipt of the goods.

2. If the Buyer fails to fulfil this obligation within the specified time limits, the Buyer’s right to claim defects of the goods cannot be recognised in court proceedings.

IX. CLAIMS FOR DEFECTS IN CASE OF MATERIAL BREACH OF CONTRACT

1. If delivery of goods with defects constitutes a material breach of contract, the Buyer may:
   • demand removal of defects by delivery of replacement goods for the defective goods, delivery of missing goods,
   • demand removal of defects by repair of the goods, if the defects are remediable,
   • demand a reasonable discount from the purchase price, or
   • withdraw from the contract.
2. The choice between these claims for defects of goods belongs to the Buyer only if he notifies the Seller thereof in a timely sent notice of defects, or without undue delay after such notice. The Buyer may not change the asserted claim without the Seller’s consent. Otherwise, the Buyer has the claims for defects of goods as in the case of non-material breach of contract.
3. However, if it turns out that the defects of the goods are irremediable or that their repair would involve unreasonable costs, the Buyer may demand delivery of replacement goods if he requests this from the Seller without undue delay after the Seller has notified him of this fact.
4. If the Seller does not remove the defects of the goods within a reasonable additional period or notifies before its expiry that he will not remove the defects, the Buyer may withdraw from the contract or demand a reasonable discount from the purchase price.

X. CLAIMS FOR DEFECTS IN CASE OF NON-MATERIAL BREACH OF CONTRACT

1. If delivery of goods with defects constitutes a non-material breach of contract, the Buyer may demand:
   • delivery of missing goods and removal of other defects of the goods,
   • a discount from the purchase price.
2. If the Buyer demands removal of defects of the goods, he may not assert other claims for defects of goods before the expiry of the additional reasonable period for removal of defects, except for a claim for damages.
3. If the Seller does not remove the defects of the goods within this period, the Buyer may assert a claim for a discount from the purchase price or withdraw from the contract, of which he must however notify the Seller in advance.
4. If the Buyer does not assert a claim for a discount from the purchase price or does not withdraw from the contract under the preceding paragraph, the Seller is obliged to deliver the missing goods. Other defects are to be removed at the Seller’s option by repair of the goods or delivery of replacement goods; however, the chosen method of removing defects must not cause the Buyer to incur unreasonable costs.
5. In the case of delivery of replacement goods, the Seller is entitled to require the Buyer to return the replaced goods to him at the Seller’s expense in the condition in which they were delivered to him.
6. The claim for a discount from the purchase price corresponds to the difference between the value the goods should have had without defects and the value the goods delivered with defects should have had, whereby the decisive time for determining the values is the time at which proper performance should have taken place.

XI. SPECIAL PROVISIONS ON THE EFFECTS OF WITHDRAWAL FROM CONTRACT

1. The Buyer may not withdraw from the contract if he did not notify the Seller of the defects in time.
2. The effects of withdrawal from the contract do not arise or cease if the Buyer cannot return the goods in the condition in which he received them. This does not apply if:
   1. the impossibility of returning the goods in the condition stated is not caused by the Buyer’s conduct or omission, or
   2. the change in the condition of the goods occurred as a result of an inspection properly carried out for the purpose of discovering defects of the goods, or
   3. before the defects were discovered, the Buyer sold the goods or part thereof, or wholly or partly consumed or modified them in their usual use.
3. In the case referred to in paragraph 2(c), the Buyer is obliged to return the unsold or unconsumed goods or modified goods and provide the Seller with compensation up to the amount of the benefit he derived from such use.

XII. ACQUISITION OF OWNERSHIP RIGHTS

1. The Buyer acquires ownership rights to the goods only upon full payment of the purchase price.
2. The Buyer and the Seller may agree in writing that the Buyer acquires ownership rights before the time specified in paragraph 1.
3. Before handover, the Buyer acquires ownership rights to the goods being transported when he obtains the right to dispose of the consignment.

XIII. PERSONAL DATA PROTECTION (GDPR)

Information on the processing of personal data, the rights of data subjects, and privacy principles is provided on a separate page: Personal Data Protection (GDPR).

XIV. FINAL PROVISIONS

1. The Buyer and the Seller are governed by:
   1. the contract,
   2. secondly, by these General Terms and Conditions of the Seller,
   3. if there is no regulation in the Terms and Conditions, by the provisions of the Commercial Code No. 513/1991 Coll., as amended.
2. The parties exclude access to alternative dispute resolution under Act No. 391/2015 Coll., as these conditions apply exclusively to B2B relationships (relationships between entrepreneurs).
3. In the event of disputes, the parties shall attempt to reach an agreement. If no agreement is reached between the Seller and the Buyer, disputes arising from purchase contracts shall be governed by the legal order of the Slovak Republic and shall be finally decided in court proceedings by the locally competent court in the territory of the Slovak Republic.
4. In case of ambiguities and discrepancies, the Slovak version of these Terms and Conditions has higher legal force than the English version of these Terms and Conditions.

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Contact details of the Seller:
GAMATEX SR, s.r.o.
Registered office: Horná 10, 974 01 Banská Bystrica, Slovak Republic
Business ID: 36057606 | Tax ID: 2021715377 | VAT ID: SK 2021715377
E-mail: info@ekofakt.com, ekofakt.sk@gmail.com
Telephone: +421 904 503 215

GAMATEX SR, s.r.o., Business ID: 36057606, Tax ID: 2021715377, VAT ID: SK 2021715377, Horná 10, 974 01 Banská Bystrica, registered in the Commercial Register of the District Court Banská Bystrica, section: Sro, insert no. 8074/S

These General Terms and Conditions are valid and effective from: 1 April 2026.