NAY a.s. Commercial Terms and Conditions
for purchase contracts concluded at a distance through the NAY Internetdom system

Article 1
General Provisions

1. Natural persons and legal entities may purchase merchandise through the NAY Internetdom system without limitations, provided that said parties comply with these Commercial Terms and Conditions.

2. The contracting parties have expressly elected Slovak law as the governing law for their relationships arising from the purchase contracts concluded at a distance through the NAY Internetdom system.

Article 2
Ordering Procedure

1. The customer may order any merchandise through the NAY Internetdom system which has the button ORDER next to it.

2. After ordering merchandise by entering the desired quantity and by clicking ORDER, the ordered merchandise will automatically be added to the shopping basket; the contents of the shopping basket may be viewed at any time. Creation of an order is subject to registration in the NAY Internetdom system. When registering, the customer must enter his personal data as required by the NAY Internetdom system. This data shall be used solely for the internal needs of NAY Internetdom, and NAY assures the customer that this data shall not be misused for other purposes. Following registration, each customer shall be assigned a personal account with which he shall log in to shop in the NAY Internetdom system. This account shall be used to create orders and register discounts and other benefits for each customer. We recommend writing down the log in data (including a personal code assigned by the NAY Internetdom system) and saving it for future purchases. With every ensuing purchase, the customer shall use his log in data to log in to the system.

3. Each order that is created will be registered in the NAY Internetdom system. The NAY Internetdom system will confirm registered orders through a notice of order acceptance. As soon as the notice of order acceptance is displayed, the order is deemed delivered and simultaneously a purchase contract is formed between the customer and NAY a.s., pursuant to which both parties shall have all the rights and obligations arising from applicable law and from the Returns Policy for customers of NAY a.s.

4. The NAY Internetdom system allows the customer to access information regarding his orders (registration, acceptance, payment, and shipping) following authorization through the customer's log in data

Article 3
Payment Terms

After clicking ADVANCE INVOICE an advance invoice will print for the customer, which shall contain information regarding merchandise, total price and the NAY account to which payment of the advance invoice must be remitted. The advance invoice shall be due and payable within 7 days. The customer may also use one of the direct payment methods available on his order for payment of the order: Tatrapay, Cardpay, VUB platby, Sporopay.

Article 4
Period during Which NAY is Bound by the Offer of Merchandise and the Price Thereof

In the event the NAY Internetdom system is properly functioning, NAY is bound by the offer of merchandise, including the price thereof, in the order (advance invoice), provided that the price was paid within the 7-day period.

Article 5
Delivery Terms and Costs

1. NAY undertakes to deliver the ordered merchandise to the customer within 7 days following payment of the advance invoice. In the event the customer orders merchandise marked as “Merchandise is only for binding orders” (i.e. merchandise which NAY does not have physically in its warehouse and which must be ordered from the vendor on the basis of a customer order), NAY undertakes to deliver such merchandise to the customer within 4 weeks following payment of the advance invoice. Payment of invoice means the moment when such payment is credited to the NAY account to which such payment was to have been remitted. If the delivery term is not possible for technical reasons, NAY undertakes to notify the customer immediately and if NAY and the customer are unable to reach an agreement on delivery of the merchandise on an alternate date, on provision of different merchandise of like quality and price, or on other alternative fulfillment, NAY undertakes to refund the price paid for the merchandise or the advance payment to the customer within 15 days. Merchandise is usually delivered within two business days, and merchandise marked "Merchandise is only for binding orders" is usually delivered within 14 days following the day payment is credited to the NAY account.

2. NAY undertakes to deliver the merchandise to the customer to the address which the customer enters into the NAY Internetdom system as the place of delivery. If the total price of the order is less than 80 € (2 410,08 Sk), delivery charges shall be at the expense of the customer. If the total price of the order is at least 80 € (2 410,08 Sk), NAY shall deliver the merchandise free of charge, i.e. at its own expense. However, if the customer repeatedly fails to take delivery of the package due to his absence or for a reason about which he did not notify NAY in advance, the customer shall not be entitled to delivery of the merchandise free of charge, i.e. delivery of the merchandise at the expense of NAY.

3. If the customer elects to pick up his merchandise in person at one of the NAY Elektrodom locations, such pick up shall only be possible if the ordered merchandise is physically located at the elected NAY Elektrodom location. In the event the merchandise is not located at the elected NAY Elektrodom location, an alternate procedure shall be agreed with the customer.

4. In the case of delivery of bulky and heavy merchandise via courier, the courier company is not obligated to carry the merchandise (from the truck) into the home. The customer should therefore plan on making his own arrangements to carry the merchandise into his home. NAY a.s. shall not accept return claims for the courier company’s failure to carry the merchandise into the home.

5. If the customer has interest in the service “Ecologic Liquidation of Old Appliances”, this must be indicated in the note section when ordering merchandise. NAY shall arrange for transportation of the merchandise from the customer’s home by courier at the customer’s expense in the amount according to the applicable price sheet of Gebrüder Weiss (www.gw-world.sk).  The customer may also make arrangements to deliver an old appliance in person at any NAY Elektrodom location.

Article 6
Order Cancellation

1. Order cancellation by the customer – The customer may cancel an order in writing to the address of NAY, by telephone or by e-mail to: internetdom@nay.sk, provided that the price of the order (advance invoice) has not yet been paid. If the customer cancels an order after payment of the price of the order (advance invoice), but prior to delivery of the merchandise and still within the delivery period set out in Article 5, NAY reserves the right to deduct the duly evidenced costs it incurred in association with processing the order; in the case of merchandise marked “Merchandise is only for binding orders”, NAY shall also charge a cancellation surcharge of 20% of the price of the merchandise. If the customer desires to cancel an order after receipt of the merchandise, the procedure set out in Article 7 shall apply.

2. Order cancellation by NAY – NAY reserves the right to cancel an order or a part thereof in the following cases: - it is not possible to deliver the merchandise within the requested period for technical reasons, the merchandise is no longer manufactured or available, or the vendor significantly adjusted the price. If this situation occurs, NAY shall contact the customer without delay to agree on the next step. If the customer has already paid the price of the order (advance invoice) or a part thereof and an agreement is not reached between NAY and the customer on provision of different merchandise of like quality and price or on other alternative fulfillment, NAY undertakes to refund the price paid for the merchandise or the advance payment to the customer’s account or address within 15 days.

Article 7
Customer’s Right to Withdraw from the Contract
(Applicable only for purchases through NAY Internetdom).

1. The customer has the right to withdraw from the contract without stating a reason within 7 business days following receipt of the merchandise.

2. However, the customer shall not have the right to withdraw from the contract without stating a reason within 7 business days if the customer purchased a sound or picture recording or computer programme (i.e. recorded medium) through the NAY Internetdom system and has already unwrapped the package.

3. The customer may exercise his right to withdraw from the contract in writing to the address of NAY, by e-mail to internetdom@nay.sk or in another manner which does not give rise to doubts regarding the withdrawal from the contract. If the customer exercises his right to withdraw from the contract, he shall return the merchandise to NAY in person at any NAY location or as otherwise agreed with NAY within 7 days of exercising his right to withdraw from the contract. The merchandise cannot bear signs of having been used and must be in the original, undamaged packaging together with all accessories. If the merchandise fully conformed to quality requirements and was not defective, the customer shall return the merchandise at his own expense.

4. NAY undertakes to refund the price paid for the merchandise or the advance payment made by the customer, including the costs expended by the customer in association with ordering the merchandise, within 15 days following the date the customer withdrew from the contract.

Article 8
Conditions for Returns

1. The customer must visually examine the merchandise immediately upon and following receipt. The customer is entitled to refuse delivery if the merchandise bears visible mechanical damage which was clearly caused during transportation or if the merchandise is incomplete.

2. The usual claims procedure set out in the NAY Returns Policy for customer shall be applicable for all return claims. The customer may make returns at any NAY location or at one of the authorized service centers, a list of which was delivered along with the merchandise. If a customer exercises a claim for repairs, the customer shall bring or deliver the merchandise, the delivery receipt, invoice (or other form of tax receipt) and the warranty certificate to NAY or the applicable authorized service center. If a customer exercises other rights arising from the liability of NAY for defects (i.e. the right to an exchange, the right to withdraw from the purchase contract and the right to a reasonable discount), the customer shall deliver the merchandise, the delivery receipt, invoice (or other form of tax receipt) and the warranty certificate to NAY after prior agreement with NAY (e-mail to internetdom@nay.sk or by telephone on 0850/111 444).

3. If the claimed defect was caused by the customer because he damaged, misused or improperly handled the product, the customer shall compensate the seller for all costs associated with handling the return claim. NAY shall not be liable for defects which occurred through mechanical damage to the product, operation of the product in unsuitable conditions (chemically aggressive, dusty, damp, strong magnetic poles, …), tampering with the product (except service performed by an authorized person – authorized service center), or which were caused by natural disasters or incorrect voltage connection.

4. You may download the NAY a.s. Returns Policy in Word 2000 format here: download