Terms & conditions

General provisions

The limited liability company MSTEIN s.r.o. is registered in the Business Register under ID No.: 50876821, with its registered office at Račí potok 27, Košice, Slovak Republic (hereinafter referred to as the “Seller” or “M-Stein”)

These General Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a sales contract outside their business activity as a consumer or within their business activity (hereinafter referred to as the “Buyer”) through the web interface located on the websites www.mstein.sk or www.mstein.eu (hereinafter referred to as the “E-shop”)

The presentation of the company, specification, contact details and the text of the General Terms and Conditions are publicly available on the website the part of which is also the E-shop.

The GTC are prepared in accordance with the applicable laws of the Slovak Republic and regulate the terms and conditions of supplies and sale of M-Stein products and additional goods of other manufacturers.

The provisions of the GTC form an integral part of a sale contract. In case of any discrepancy, the provisions in the sales contract shall prevail over the provisions of these GTC.

These GTC and the sales contract shall be concluded in Slovak or English.

M-Stein is a registered trademark.

M-Stein is not liable for any damage and bodily injury caused by improper use of the tools and other products sold. The tools have cutting edges, therefore the consumer is advised to take extra care when working and handling and to use protective clothing. Grinding pastes are not edible. Keep out of reach of children. Children and beginners are advised to work under the supervision of experienced persons.

Definition of terms

The contract consists of the Buyer’s Order and the Seller’s Order Acknowledgement and is concluded at the moment when the Buyer agrees to the Seller’s Order Acknowledgement and the related processing of personal data (GDPR).

In these GTC, the buying consumer is a natural person or legal entity that does not act within the scope of its business, and purchases products for its own consumption or use. If the Buyer acts within the scope of their business, the commercial and contractual terms and conditions shall be specified individually.

Postage and packing charges – include the cost of postage, the cost of packing and other costs associated with the delivery of goods.

Processing of personal data – means performance of any operations with the personal data of the customer in accordance with Section 7(4)(b) and (d) of the Personal Data Protection Act. By submitting an Order, the Buyer confirms that they have voluntarily provided their personal data to the Seller as a data subject for the purpose of using them solely for the purposes of performance of the commercial contract (i.e. processing the Order, sending the Order Acknowledgement, arranging delivery of goods, invoicing and other necessary communication).

Buyer’s acceptance of the GTC – by submitting an Order via the E-shop on the Seller’s websites, the Buyer accepts the General Terms and Conditions and by submitting the Order, the Buyer also confirms that they have read the General Terms and Conditions. In other cases of communication, the Buyer will be informed of the GTC individually.

Information about prices

1. Information about the goods, including individual prices of goods and their main characteristics, is provided for each item in the E-shop catalogue. The prices of the goods are stated including value added tax, all related charges, and the cost of returning the goods if they cannot, by their nature, be returned by the usual postal method. The prices of the goods shall remain valid for the period of time for which they are displayed in the E-shop. This provision does not preclude the negotiation of a sales contract on individually agreed terms.

2. All presentation of the goods in the E-shop catalogue is of informative nature and the Seller is not obliged to conclude a sales contract with regard to these goods.

3. Information on the costs associated with the packaging and delivery of the goods is published in the E-shop. In the case of delivery abroad, the Seller has the right to adjust the prices calculated by the E-shop.

4. Discounts on the purchase price of the goods, if any, cannot be combined with each other, unless otherwise agreed between the Seller and the Buyer.

5. The prices are stated including VAT according to the Buyer’s chosen country. For countries outside the EU, the prices shown are excluding VAT, and the final calculation of taxes is only possible once the Buyer’s country has been entered before confirming the order.

Ordering of goods and conclusion of the sales contract

Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the sales contract (cost of internet connection, cost of telephone calls) shall be borne by the Buyer. These costs do not differ from the basic rate.

The Buyer may order the goods in the following ways:

through their customer account if they have been already registered in the E-shop,
by completing an order form without registration.

When placing the order, the Buyer shall select the goods, the number of items, the method of payment, and the method of delivery.

Before placing the order, the Buyer is allowed to check and change the data entered in the order. The Buyer sends the order to the Seller by clicking on the “Place order” button. The information provided in the order is considered correct by the Seller. The Order is considered to be valid only after all mandatory data are filled in the order form and the Buyer confirms to have read these GTC.

Immediately upon receipt of the order, the Seller shall send the Buyer an acknowledgement of receipt of the order to the email address provided by the Buyer at the time of ordering. The acknowledgment is automatic.

The sales contract is considered to be concluded by the Seller’s acknowledgment of the order created by the Buyer, whereby the Seller is not liable for any data transmission errors. The Seller shall immediately confirm the conclusion of the contract to the Buyer by an informative email sent to the email address provided by the Buyer. The acknowledgment shall be accompanied by the current version of the GTC and the Complaints Procedure. The concluded contract (including the agreed price) may only be amended or cancelled by agreement of the parties or on legal grounds, unless otherwise provided for in these GTC.

In the event that any of the requirements stated in the order cannot be fulfilled by the Seller, the Seller shall send the Buyer an amended offer to the Buyer’s email address. The amended offer shall be deemed to be a new draft sales contract in which case the sales contract shall be deemed concluded upon the Buyer’s confirmation of acceptance of such offer to the Seller’s email address stated in these GTC.

All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of the Seller’s acceptance of the order. The Buyer may cancel an order by telephone to the Seller’s telephone number or by an electronic message to the Seller’s email address, both as set out in these GTC.

In the event of an obvious technical error on the part of the Seller in indication of the price of the goods in the E-shop or during the process of ordering, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price, even if the Buyer has been sent an automatic acknowledgment of receipt of the order under these GTC. The Seller shall inform the Buyer of the error without undue delay and send the Buyer an amended offer to the Buyer’s email address. The amended offer shall be deemed to be a new draft sales contract in which case the sales contract shall be deemed concluded upon confirmation of acceptance by the Buyer sent to the Seller’s email address.

The Buyer is responsible for the accuracy of the data provided in the Order.

Labelling of goods

The identification code is indicated in the E-shop product catalogue and is unique for each product. The products sold are marked with the identification code, which consists of the kind (T-goods, V-product, S-service, C- valuables), the type (according to the product category), followed by the profile number and the width of the profile, or other characteristic parameters.

Example of marking of carving chisel: V-R3/15 (V=product, R=straight chisel, 3=profile / 15=profile width)

These GTC do not apply to non-standard orders that contain products not listed in the E-shop catalogue. Its definition and the specific commercial and contractual terms and conditions shall be agreed upon individually by both parties.

Payment terms

The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the sales contract as follows:

a. by wire transfer to the Seller’s bank account specified in the informative email sent to the Buyer’s address or in the enclosed advance invoice.

b. by credit card through a payment gateway

c. by wire transfer to the Seller’s account through a payment gateway

d. by cash on delivery or by credit card on receipt of the goods,

Together with the purchase price, the Buyer must pay to the Seller the costs associated with the packaging and delivery of the goods in the contractual amount. Unless expressly stated otherwise below, the purchase price shall also include the cost associated with the delivery of the goods.

In the case of payment in cash, the purchase price is payable on receipt of the goods. In the case of non-cash payment, the purchase price is payable by the date stated in the advance payment invoice.

In the case of payment through a payment gateway, the Buyer must follow the instructions of the respective electronic payment provider.

Payment by credit card: the operator declares that the payment services for payment methods, namely payments by credit cards and payments by online bank transfer, are provided for the operator by the company GOPAY s.r.o. (hereinafter referred to as “GP”), with the registered office at Planá 67, 37001 České Budějovice, ID No.: 26046768. GP provides payment services from a commercial and technical point of view and carries out payment transactions on its own account and in its own business name. Users can direct any complaints and questions about payment transactions directly to GP via the telephone line + 420840818918 (Mon-Fri 08 am – 06 pm) or via email support to gopay@gopay.cz, or in writing to the registered office address. Users can also contact the provider and its technical support directly.

Other payment methods depend on the agreement of the Buyer with the Seller upon acknowledgment of the order.

Unless otherwise agreed, the Seller reserves the right to issue an advance payment invoice of up to 100% of the order value.

The Seller has the right to withdraw from the sales contract (binding order) if performance becomes impossible and no new performance is agreed with the Buyer. If the Buyer has paid for the ordered goods on the basis of an advance payment invoice and withdraws from the contract for the above reason, the Seller shall refund to the Buyer the full amount within 14 working days of receipt of the written withdrawal from the contract (cancellation of the order) at the latest.

The Seller is a VAT payer.

Delivery of goods

The goods are delivered to the Buyer:

a. to the address specified by the Buyer in the order,

b. via a dispatch centre to the address of the dispatch centre designated by the Buyer,

c. by personal collection at the Seller’s collection point after the Parties have mutually agreed on the date and time of collection of the goods. If the agreement is not reached in time, the Seller shall not be obliged to deliver the goods on the Buyer’s requested date.

The choice of the delivery method is made when ordering the goods.

Delivery times, methods of delivery and payment are determined individually according to the availability of the ordered goods and the Buyer is informed about them in the order acknowledgment.

The Buyer is obliged to accept the goods and pay the total price. In case of rejection for reasons other than those specified in the Complaints Procedure (part of the GTC), the Seller has the right to demand payment of the costs associated with the preparation and dispatch of the goods. In the case of custom-made products, the Seller also has the right to claim the value of the goods of up to 100% of the price charged.

The cost of delivery of the goods, depending on the method of shipment and receipt of the goods, is specified in the Buyer’s order and in the Seller’s order acknowledgment. In the event that the method of delivery is agreed on the basis of a special request by the Buyer, the Buyer shall bear the risk and any additional costs associated with such method of delivery.

If, under the sales contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer shall accept the goods on delivery. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or by a different method than the one specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with the different method of delivery.

On acceptance of the goods from the carrier, the Buyer must check the integrity of the packaging of the goods and in the event of any defects notify the carrier without undue delay. In the case of any damage to the packaging indicating unauthorised opening of the shipment, the Buyer shall be under no obligation to accept the shipment from the carrier. The Buyer shall notify the carrier of such defect and submit the complaint in accordance with the carrier’s terms and conditions.

Under Act No. 108/2000 Coll. on Consumer Protection in Doorstep Selling and in Distance Selling as amended, the Buyer has the right to withdraw from the contract within 14 days of acceptance of the goods (calculated from the day following the acceptance). The goods in their original packaging must be delivered back to the Seller at the Buyer’s expense. Upon receipt of the returned goods, the Seller shall check the completeness of the goods and refund the purchase price to the Buyer by bank transfer within 14 days at the latest.

The Seller shall issue a tax document – invoice to the Buyer. The tax document is sent to the Buyer’s email address. /The tax document is enclosed to the delivered goods.

The Buyer acquires the ownership right to the goods upon payment of the full purchase price for the goods, including delivery costs, but not before acceptance of the goods. Liability for accidental loss, damage or destruction of the goods passes to the Buyer upon acceptance of the goods or at the time when the Buyer was obliged to accept the goods but failed to do so in breach of the sales contract.

Withdrawal from the contract

The Buyer who has concluded the sales contract outside their business activity as a consumer has the right to withdraw from the sales contract without giving any reason.

The withdrawal period is 14 days

a. from the date of acceptance of the goods,

b. from the date of acceptance of the last delivery of the goods, if the subject of the contract consists of several types of goods or the delivery of several parts

c. from the date of acceptance of the first delivery of the goods, if the subject of the contract is a regular recurring delivery of goods.

The Buyer may not, inter alia, withdraw from the sales contract:

on the provision of services, if they have been performed with the Buyer’s prior express consent before the expiry of the withdrawal period and the Seller has notified the Buyer before the conclusion of the contract that in such case the Buyer has no right to withdraw from the contract and if the service has been fully provided
on the supply of goods or services the price of which depends on fluctuations in the financial market independent of the will of the Seller and which may occur during the withdrawal period
on the supply of goods which have been customised according to the Buyer’s wishes, custom-made goods or goods specifically designed for a particular Buyer,
on the delivery of perishable goods or goods which, by their nature, have been irretrievably mixed with other goods after delivery,
on the delivery of goods in sealed packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been broken after delivery,
on the supply of electronic content other than on a tangible medium, where the supply has been initiated with the express consent of the Buyer and the Buyer has declared that he/she has been duly informed that he/she loses the right of withdrawal by expressing such consent,
in other cases referred to in Article 7(6) 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 Premises, as amended.

In order to comply with the withdrawal period, the Buyer must send the notice of withdrawal within the withdrawal period.

To withdraw from the sales contract, the Buyer can use a sample withdrawal form provided by the Seller. The Buyer shall send the withdrawal form to the Seller’s email or delivery address specified in these GTC. The Seller shall acknowledge receipt of the form to the Buyer without undue delay.

The Buyer who has withdrawn from the contract must return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.

If the Buyer withdraws from the contract, the Seller shall immediately, but no later than 14 days after the withdrawal from the contract, return to the Buyer in the same manner any money, including delivery costs, received from the Buyer. The Seller shall only reimburse the money to the Buyer using a different manner if the Buyer agrees with the same and provided that no further costs are incurred by the Seller.

If the Buyer has chosen a delivery method other than the cheapest delivery method offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest delivery method offered.

If the Buyer withdraws from the sales contract, the Seller shall not be obliged to return the money received to the Buyer before the Buyer has handed over the goods to the Seller or proved that the goods have been dispatched to the Seller.

The goods must be returned by the Buyer to the Seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.

The Seller may withdraw from the sales contract due to the stock sold out, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall refund any money, including delivery costs, received from the Buyer under the contract in the same manner, or in the manner specified by the Buyer, as the case may be, within 14 days of the notice of withdrawal from the sales contract.

Customer account

Based on the Buyer’s registration made in the E-shop, the Buyer can access their customer account. From their customer account, the Buyer can order goods. The Buyer can also order goods without registration.

When registering for a customer account and when ordering goods, the Buyer must provide correct and truthful information. The Buyer must update the information provided in the user account whenever it is changed. The data provided by the Buyer in the customer account and when ordering goods are deemed to be correct by the Seller.

Access to the customer account is secured by the username and password. The Buyer must keep the information necessary to access their customer account confidential. The Seller is not liable for any misuse of the customer account by third parties.

The Buyer is not entitled to allow third parties to use the customer account.

The Seller may terminate the user account, in particular if the Buyer does not use their user account for a longer period of time or if the Buyer breaches the obligations under the sales contract and these GTC.

The Buyer acknowledges that the user account might not be available continuously, in particular with regard to necessary maintenance of the Seller’s hardware and software or necessary maintenance of hardware and software of third parties.

Delivery – communication

The Parties may deliver any written correspondence to each other by electronic mail.

The Buyer shall deliver correspondence to the Seller to the email address specified in these GTC. The Seller shall deliver correspondence to the Buyer to the email address specified in the Buyer’s customer account or order.

Warranty conditions

The warranty provider is M-Stein s.r.o., with its registered office at Račí potok 27, Košice 04001. The Consumer Protection Act and the provisions of Sections 622 and 623 of the Civil Code shall apply to the warranty.

Proper use, storage and maintenance of the products sold by M-Stein are specified in the Instructions for Use. They are published on the website and the Buyer shall be informed about them.

Defects caused by non-compliance with the conditions of proper use, storage and maintenance (grinding) of M-Stein products are not covered by the warranty. Blunting of blade by using the tool is not considered to be a defect of the product. If unreasonable blunting is detected by the customer, the Buyer has the right to make a complaint about the goods.

Out-of-court dispute resolution

The consumer has the right to request remedy from the Seller if the consumer is dissatisfied with the manner in which the Seller has handled the complaint or if the consumer believes that the Seller has violated the consumer’s rights. The consumer has the right to file a petition for alternative (out-of-court) dispute resolution with an alternative dispute resolution body if the Seller has responded to the request under the preceding sentence in a negative way or has not responded to it within 30 days from the date of its dispatch. This is without prejudice to the consumer’s right to take legal action.

The Slovak Trade Inspection Authority, with its registered office at Prievozská 32, 827 99 Bratislava, ID No.: 17 331 927, which may be contacted for the aforementioned purpose at the address Slovenská obchodná inšpekcia, Ústredný inšpektorát, Odbor medzinárodných vzťahov a alternatívneho riešenia sporov, Prievozská 32, 827 99 Bratislava 27, or electronically at ars@soi.sk or adr.@soi.sk, is competent for the out-of-court settlement of consumer disputes arising out of the sales contract. Website: https://www.soi.sk/. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the sales contract.

The European Consumer Centre Slovak Republic, with its registered office at Mlynské nivy 44/a, 827 15 Bratislava, website: http://esc-sr.sk/ is a contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

Final provisions

All arrangements between the Seller and the Buyer shall be governed by the law of the Slovak Republic. If the relationship established by the sales contract contains any international element, the Parties agree that the relationship shall be governed by the law of the Slovak Republic. This is without prejudice to the consumer’s rights arising from the generally binding legal regulations.

The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Act No. 250/2007 Coll. on Consumer Protection as amended.

All rights to the Seller’s website, in particular the copyrights to the content, including the page layout, photos, films, graphics, trademarks, logo and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the websites or any part thereof without the Seller’s consent.

The Seller shall not be liable for any errors resulting from third party intervention in the E-shop or from its use contrary to its intended purpose. The Buyer shall not use any procedures in the use of the E-shop that could adversely affect its operation and shall not carry out any activity that could enable the Buyer or third parties to tamper with or make unauthorised use of the software or other components that make up the E-shop or use the E-shop or any part thereof or the software in a manner that would be contrary to its intended use or purpose.

The sales contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.

The Terms and Conditions may be amended or supplemented by the Seller. This provision is without prejudice to the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.

A withdrawal form is attached to the Terms and Conditions.

Complaints Procedure

The Complaints Procedure forms an integral part of the General Terms and Conditions (hereinafter referred to as “GTC”) of the Seller and describes the procedure for making a complaint about goods purchased from the Seller.

The Buyer, who may be an entrepreneur or a consumer, must familiarize themselves with the Complaints Procedure and the General Terms and Conditions before ordering the goods. At the same time, the Buyer acknowledges that they must provide the Seller with the necessary cooperation for the processing of the complaint, otherwise the time limits shall be adequately extended by the time for which the Buyer has not provided the required cooperation.

By concluding the sales contract and accepting the goods from the Seller, the Buyer agrees to the Complaints Procedure.

Acceptance of the goods in the case of entrepreneurs is the moment of their handover by the Seller to the Buyer or the first carrier. If the buyer is a consumer, the moment of acceptance of the goods is the consumer’s receipt of the goods from the seller or the receipt of the goods from the carrier.

As a proof of the warranty, the Seller issues a purchase document (invoice) for the purchased goods with all the necessary information for the application of the warranty as required by law.

The warranty period shall commence on the date of acceptance of the goods by the Buyer.

The warranty period for new goods is 24 months.

The products and goods in the M-Stein assortment are designed for manual work, and their natural feature is that they will wear out over time due to their use. For example, the grinding of blades leads to material loss and after years of frequent use, the blades can be shortened by gradual grinding. Wooden handles can deteriorate with frequent use, even losing the required strength, especially in the case of larger chisels/gouges where a wooden hammer – wooden mallet is used. These facts are not considered to be a defect of the product.

The Buyer must notify the Seller of any defects occurred during the warranty period without undue delay after discovering the same. The defect must be notified by telephone, email or post, using the contact details provided.

The statutory period of 30 days runs from the date of receipt of the complaint by the Seller who will verify fulfilment of all warranty conditions, check and confirm that the claimed problems with the product covered by the warranty actually exist, that they have occurred during standard and normal use, and that they have not been caused by accident, improper use, negligence, alteration or improper maintenance, repair or testing, or as a result of any other cause outside of responsibility of M-Stein.

M-Stein shall issue for the consumer a confirmation of the date and manner of handling of the complaint, including confirmation of the repair and the duration of the repair, or the reasons for the rejection of the complaint, in the “Notice of Complaint Handling”. The Seller shall send this notice to any of the contact details given by the Buyer when making the complaint.

The sales receipt must bear the date of sale and a clear identification of the product type (CODE).

Instructions for use may be in the form of simplified pictorial instructions, maintenance instructions may be combined into one document for multiple products.

The date of acceptance is the date of sale, for shipments sent by public transport service, the date of acceptance from the public transport service.

These General Terms and Conditions and the Complaints Procedure come into force and effect on
01 November 2021.