Business terms and conditions

1.    General provisions

a)    The general business terms and conditions stipulate the rights and liabilities of the contracting parties with respect to the Contract on Certificate of Conformity issuance (below named as “Contract on COC issuance”) concluded between the provider Progress EU, s.r.o. seated at Rezedova 26, 821 01 Bratislava, Slovakia, ID: 45473307, Tax ID: DPH SK 2023014862, registered in the Commercial register of the District court Bratislava I., file 64181/B (below named only “provider”) and the customer, the subject matter of the contract shall consist in the Certificate of Conformity delivery to the customer following the specifications given by the customer.

Provider´s contact information:
e-mail: info@cocdata.eu
telephone: +421 902 339 535
fax: +421 2 5564 1267
mail address: Progress EU s.r.o., Rezedova 26, 821 01 Bratislava, Slovensko

b) The customer i.e. personal entity or legal entity shall realize its order on the provider´s website.
c) The Certificate of Conformity (below named as “COC”) is a declaration issued by the vehicle producer (categories M1, L, T) indicating that the vehicle conforms to the technical parameters for the EC type specifications in accordance with the EU DIRECTIVE 2007/46/EC. COC is only obtainable for vehicles with an EC type approval.
d) General business terms and conditions constitute an inseparable part of the contract on COC issuance. In case, the provider and the customer make an agreement on COC issuance stipulating the conditions different than those defined by the general terms and conditions, the latter shall be effective.
e) The provider is liable to the customer by his service offer as presented on the website www.cocdata.eu including the period of 14 days following the delivery of the order acceptance notice to the customer.

2.    Method of the purchase contract conclusion

a)    The customer shall submit a proposal of the contract on COC issuance by means of the form to be filled and sent by the customer via the provider´s websitewww.cocdata.eu (below named as “order”)
b) The customer is entitled to order the issuance of one or several COC within one order
c) Following the form sending, a virtual personal account shall be created in favour of the customer on the website www.cocdata.eu. The customer will be informed on the current status by a confirmative e-mail. The virtual account is free of charge.
d) Sending an e-mail confirmation informing the customer on the order delivery to the provider equals to the binding acceptance of the order identified as “Waiting for Payment” while the customer shall be requested to pay the given price for COC issuance. In case of need, all of the further information on the order submitted shall be sent to the customer on the e-mail address submitted.
e) The valid acceptance shall contain the information as follows: vehicle´s VIN and further data on the vehicle COC is to be issued for, price for COC issuance, delivery terms definition, address specifications on COC delivery (below named as ”delivery”, information on the price, conditions and terms of delivery to the address specified by the customer.
f)    The provider is liable to issue COC only upon the payment of the full price for COC issuance including the delivery costs (below named  ” costs of COC issuance in favour of the account held by the provider. Thereafter, the period needed for COC issuance shall start.

3.    Rights and liabilities of the provider

3.1    The provider is liable to:
a) Issue COC in accordance with the parameters defined in the order confirmed by the provider towards the customer
b) Provide the customer with an official tax document in written or electronic form
c) Provide the customer with COC in the shortest time possible
d)    Inform the customer about any objective restraint possibly lengthening the term of COC issuance

3.2 The provider is entitled to:
a) Be paid the full and timely payment of COC issuance by the customer
b) Cancel an order or its part as a reason of his failure to deliver COC to the customer within the terms as specified by these business conditions or for the price stated on the provider´s website www.cocdata.eu. The customer shall be informed on both, the order or its part, cancellation by e-mail or by phone.

4.    Rights and liabilities of the customer

4.1    The customer is liable to:
a) Submit the order containing correct and complete information. The correctness and integrity of information is to be guaranteed by the customer
b) Submit the documentation needed for the order processing
c) Ensure the smooth takeover of the dispatched delivery, i.e. during the days of the proposed delivery, the customer shall be available on the phone number as specified for the purpose of the delivery, or the customer shall be present on the address of the delivery and dispose of the properly identified post box
d) Pay the price agreed for COC issuance including the delivery costs within the terms agreed in favour of the provider
e) Check the content of the delivery, i.e. COC issued as well as its cover immediately after the take over

4.2 The customer is entitled to:
a) Cancel the order prior its binding confirmation by the provider
b)    Be repaid the price for COC issuance if this is unavailable for the particular vehicle, whereas the sum shall be repaid within 7 days since the provider is informed about COC unavailability.

5.    Delivery terms and conditions

a)    The delivery terms for the particular COC are specified on the websitewww.cocdata.eu, however the terms listed are only informative and depending on the conditions stipulated by our business partners. The delivery terms can be different in exceptional cases.
b) The period for COC issuance shall start on the day of the total sum payment by the customer in favour of the provider´s account.
c) Shall any unexpected circumstances not known in the time of the contract conclusion occur, being an objective restraint preventing the provider from complying with the conditions of the contract, the provider is entitled to lengthen the period for COC issuance pending the time of such restraint occurrence, while the provider shall not be considered to be delayed with COC issuance. The provider shall inform the customer about such restraint, as well as about the expected time of COC issuance.
d) Shall the provider be delayed more than 21 days with respect to the announced term of the contract performance, the customer is entitled to be benefited a 10 Euro discount of the order price, or to be allowed to terminate the contract while the total sum paid for COC issuance, or the part of the price shall be repaid to the customer.
e) In case the provider delivers the package to the customer on the address specified in the contract on COC issuance, the customer is liable to take over the package in person or by means of the third person authorized by the customer to take over the package and to sign the protocol on the package take over. Provided a redelivery has to be performed due to the customer´s failure to be present on the address specified in the contract on COC issuance, all of the expenses thus incurred shall be paid by the customer, especially in case of any repeated delivery on the address specified in the contract on COC issuance. The package shall be considered as delivered in the moment of its delivery on the address specified in the binding order acceptance and its physical take over by the customer or an authorised representative, or the refusal of take over recorded in the protocol on the package delivery and take over.
f) The customer is liable to check the content of the package, i.e. COC as well as its packing immediately after the delivery. Provided the customer finds out COC to be mechanically damaged (crumpling is not considered to be a mechanical damage), the customer is liable to announce the damage to the deliverer and check COC status in presence of the deliverer. In case of the package damage as well as the damage of its content, the customer is liable to make a record on the package damage extent and character; the record shall be confirmed by the deliverer.
g)    The customer shall receive the invoice within the delivered package.

6.    Payment conditions

6.1    In return for COC issuance, the customer shall pay the provider the price agreed in the contract on COC issuance valid in the time of its conclusion, including the package delivery costs by bank transfer in favour of the provider´s account and in the way specified in the article 6.5 of the business terms and conditions.
6.2 The provider is a registered as a VAT payer and is allowed to invoice without VAT only upon the verification of the customer VAT ID as a taxable entity for the VAT purposes. In order to issue an invoice without VAT, the customer shall enter his valid VAT ID and sign the field “VAT payer” in the invoicing data directly in the order form. If the customer fails to declare the valid VAT ID at latest before the binding order confirmation, such declaration shall not be accepted.
6.3 The provider requires the payment for COC issuance to be realized in advance upon the binding order confirmation by the provider.
6.4 The day of COC issuance total price transfer to the account of the provider shall be considered the day of payment.
6.5 The customer is entitled to perform the payment in one of the following payment methods:
• GP Web Pay – credit or debit card payment (VISA, MasterCard, Maestro)
• PayPal – electronic payment services (www.paypal.com)
• Bank transfer in favour of the account of Progress EU, Ltd.

6.6 The bank charges related to the direct bank transfer in favour of the provider´s account are to be paid by the customer in their entirety.
6.7 The bank charges related to the money transfer in favour of the provider´s account by means of GP WebPay or PayPal are to be paid by the provider in their entirety.
6.8    The provider shall be granted the right to provide and to refuse, and to cancel the discounts from the COC issuance price, or from the delivery prices whereas the customer shall have no legal rights to such discounts.

7.    Order cancellation

7.1    Order cancellation by the customer
a) The customer is entitled to cancel the order without specifying the reason for the cancellation in any time prior to the binding confirmation of the order
b) The customer may not cancel the order after its binding confirmation
c) In case the order is cancelled upon an agreement, the provider is entitled to request the full price for COC issuance or the sum equal to the costs spent on COC issuance by the provider prior to the order cancellation by the customer

7.2 Order cancellation by the provider
The provider reserves the right of the order cancellation in the following cases:
a) COC is impossible to be provided or the price for COC issuance has been changed substantially by the subcontractor, in any of these cases, the provider shall inform the customer in order to reach an agreement on the following procedure.
b) Despite his reasonable effort, the provider fails to issue COC in accordance the agreed terms due to COC unavailability or the price different than the price agreed before. Within the period of 7 days, the customer is guaranteed the right to be remunerated the full amount paid for COC issuance, or a part of the amount in case of the particular vehicle COC unavailability. The costs related to the bank transfer are to be paid by the customer.
c)    The vehicle does not comply with the technical parameters of the EC type approval in accordance with the EU DIRECTIVE 2007/46/EC.

8.    Claims

8.1    Any defects observed in COC shall be announced without any delay to the provider by means of an e-mail, while COC toghether with the original of the invoice shall be posted to the provider´s address. The provider shall contact the customer in the matter of the respective claim.
8.2 The provider is liable only for the defects caused by him. In such case, the customer is entitled to require the defects removal on the provider´s expenses. If the provider fails to supply a new COC within a reasonable period of time, or for reasonable prices, the customer is hence entitled to be remunerated a part of the price, or the full price paid for COC issuance.
8.3 In the event of any defect the vehicle producer or the customer are liable for, e.g. incorrect or incomplete data specification in the order (such defects are a reason for COC issuance refusal), the provider shall be cooperating in order to achieve a remedy, however such cooperation shall not be considered as the liability acceptance for COC defects under any circumstances. In such case, all of the costs for COC issuance and delivery shall be paid by the customer.
8.4    Provided the respective state authority decides on non-respecting COC due to the defect subject to the provider in accordance with the article 8.2 of the general business terms and conditions, the customer shall issue a record of such decision submitting the written decision on COC refusal accompanied by the appropriate reasoning of the respective authority. The customer shall post the decision with the original COC and the original invoice attached back to the provider to the address of the provider´s seat. The provider shall remunerate a part of the price or the full price within 7 days since the delivery of the decision accompanied by the original COC and the original invoice, the remuneration shall be sent to the customer ´s bank account.

9.    Liability

The provider does not bear any liability for:
a) Damages caused by the customer´s breach of duties accruing from these general business conditions, especially providing incomplete or incorrect data in the order
b) Late delivery, loss or damage of the package caused by the delivery service
c) Provider´s failure to perform the duties due to unpredictable events. The unpredictable events shall be defined as any events excluded from the provider´s reasonable impact.
d)    Lost profit or a loss on the customer´s side, or any third part without limitation

10.    Personal data protection

10.1    The provider shall respect the customer´s privacy
10.2 Without the customer´s prior consent, the provider shall not modify any of the customer´s personal data; neither provide any third party with the data (except for the extent necessary for the COC issuance).
10.3 Further information on the personal data completion and processing is specified on our website www.cocdata.eu, section “Privacy protection”.

11.    Final provisions

11.1    The provider reserves the right to modify the general business terms and conditions. These general business terms and conditions and their modifications become effective on the day of their publication on the website www.cocdata.eu.
11.2 Business relations between the two contracting parties shall conform to the general business conditions valid on the day of the order binding confirmation
11.3 In case of any disagreement accrued, the provider shall perform maximum effort in order to achieve consent or an agreement. Any legal disputes shall be decided by the court competent according to the provider´s address.
11.4 Sending the order, the customer confirms his understanding and approval of the general business conditions as a whole.
11.5 These general business conditions become valid and effective 21/03/2011.