Terms and conditions

PART I.
GENERAL TERMS AND CONDITIONS FOR CONSUMERS
Seller:
Company name: Swift Deal s.r.o.
Registered office: Pri Rajcianke 49 01001 Zilina
ID: 53092511
Legal form: Spol. Ltd.
Registered: Commercial Register at the District Court in Zilina, section: Sro, file no. 74840 / L.
Email address: info@montanax.eu
Website: montanax.eu
(hereinafter referred to as the “Seller”).
Supervisory authority:
Slovak Trade Inspection (SOI)
Introduction: Introduction
These general terms and conditions (hereinafter referred to as “consumer terms and conditions”) describe the rights and obligations of the seller and the buyer/consumer (also referred to as “the buyer” or “the customer”) under the purchase agreement.
Article I.
General provisions
1.1. Buyer under this PART I. Consumer Terms and Conditions: the consumer.
1.2. For the purposes of these consumer terms and conditions, pursuant to Section 2(a) of Act No. 250/2007 on consumer protection, a natural person who is not acting within the scope of their business, employment, or profession when entering into and performing a contract.
1.3. In order to conclude a purchase agreement and subsequently fulfill their rights and obligations, the buyer as a consumer must provide the following personal data in accordance with applicable law: name, surname, postal and billing address, mobile phone number, email contact.
1.4 The consumer terms and conditions are an integral part of the purchase agreement. If the seller and buyer enter into a written purchase agreement in which they agree on terms and conditions other than these consumer terms and conditions, their contractual relationship shall be interpreted in accordance with the written purchase agreement.
Article II
Conclusion of the purchase agreement
2.1 The purchase agreement is concluded by a binding confirmation or acceptance of the buyer’s proposal to enter into the purchase agreement by the seller in the form of a completed and submitted order with payment obligation on the seller’s website (“order”).
2.2. The seller must accept the offer bindingly no later than 14 working days after the order has been sent to the buyer. Binding acceptance of the offer is made by sending an email with acceptance of the order to the buyer’s email address provided when the order was completed. The seller only accepts the order after checking that the goods are available, that the prices are valid, and that the delivery date for the goods requested by the buyer is correct. The binding acceptance of the proposal sent by email must be marked as “order confirmation.”
2.3. The email sent by the seller to the buyer’s email address after the order has been placed and marked as “order confirmation,” “order acceptance,” “proposal for order change,” etc. has no influence on the binding acceptance of the proposal, i.e., the conclusion of the purchase agreement, but is for informational purposes only. If the seller sends a proposal to change the order to the buyer before the conclusion of the contract, i.e. before the binding acceptance of the proposal has been sent, the sales contract can only be concluded in accordance with this proposal if the buyer accepts the changed proposal.
2.4. Binding acceptance of the offer or order contains information about: specification of goods covered by the sales contract, price of goods and/or other services, delivery time for goods, place where goods are to be delivered, price, terms, manner and date of delivery of goods, etc.
Article III.
Rights and obligations of the seller
3.1 The seller is obliged in particular to
I. after the conclusion of the agreement, i.e. after the order has been bindingly accepted, to deliver the goods to the buyer in the agreed quantity, quality and time and to pack them or equip them for transport in the manner necessary to preserve and protect them
ii. ensure that the goods in question comply with the applicable legislation in Slovakia
iii. to deliver to the buyer (in electronic or physical form) all documents necessary for the takeover and use of the goods, and other documents required by applicable legal regulations (instructions in Slovak, tax documents).
3.2 The seller has the right to ensure that the buyer pays the purchase price for the ordered goods in a correct and timely manner.
3.3 When the goods are collected in person, the seller has the right to verify the identity of the buyer or the person authorized to collect the goods, or to send a confirmation email accepting the order in order to identify it, i.e., whether the goods have actually been handed over externally to the person who entered into the sales contract.
Article IV.
Buyer’s rights and obligations

4.1 The buyer is especially required to
i. pay the seller the agreed purchase price, including the costs of delivering the goods
ii. accept the goods ordered or paid for
iii. confirm receipt of the goods with their own signature or that of a person they’ve authorized.
4.2 The buyer is entitled to deliver the goods in the quantity, quality, on the date and at the place agreed by the parties in the binding acceptance of the order.
Article V.
Terms of delivery and payment
5.1 The seller shall offer the goods in accordance with the samples, catalogs, type sheets, and sample books provided and available on the website of the seller’s e-shop.
5.2 The seller undertakes to deliver the goods that are the subject of the concluded contract within 30 working days using a carrier. Goods in stock are usually handed over to the carrier within 2 working days and then delivered to the buyer within 2 working days. In the event of unforeseen circumstances or technical complications, the delivery time may be extended. The seller is obliged to immediately inform the buyer by email, telephone or SMS.
5.3 The buyer is obliged to receive the goods at the location specified in the buyer’s order, unless the parties agree otherwise. If the buyer does not accept the goods within 3 working days after the expiry of the period specified in the concluded purchase agreement, without prior written cancellation of the contract, the seller is entitled to claim compensation for the damage incurred in an amount corresponding to the actual costs of the failed delivery attempt in accordance with § 420 of the Civil Code. After the expiry of 3 working days from the day on which the buyer was obliged to receive the goods, the seller has the right to withdraw from the sales contract and sell the goods to a third party. If the customer does not accept the goods upon the first delivery, despite having been demonstrably informed in advance of the place and time, and requests redelivery of the goods, the customer is obliged to pay the costs of redelivery of the goods, in addition to the costs of the goods and postage, by bank transfer in advance.
5.4 If the seller arranges for the transport of the goods to the buyer to the place specified by the buyer in the sales contract, and the buyer has been demonstrably informed of the place and time in advance, the buyer is obliged to accept the goods in person or to ensure that the goods are accepted by a person authorised by the buyer to accept the goods specified in the sales contract in his absence and to sign a record of the delivery and transfer of the goods. The third party authorized to take delivery of the goods mentioned in the purchase agreement must provide written authorization to the seller or the carrier. The goods shall be deemed to have been accepted in accordance with paragraph 10.2 of these consumer terms and conditions.
5.5 The buyer must inspect the goods and their packaging immediately upon delivery in the presence of the carrier. If the buyer discovers that the goods or their packaging are mechanically damaged, he must inform the carrier thereof. If the buyer discovers damage to the goods or their packaging upon receipt, the buyer must immediately upon receipt of the goods note the extent and nature of the damage to the goods (damage report), the accuracy of which must be confirmed by the carrier. On the basis of the report thus drawn up and handed over to the seller, the seller may, after settling the damage event with the carrier, grant a discount on the goods, repair the damage and, if the goods have irreparable defects, deliver new goods to the buyer, or act in any other lawful manner.
5.6 If the seller does not deliver the goods within the period specified in 5.2 of the consumer terms and conditions, the buyer has the right to withdraw from the purchase agreement, and the seller is obliged to refund the purchase price already paid to the buyer.
5.7 The purchase price may be paid by the buyer in the manner selected in the order, from among the following options: payment by bank transfer or deposit to the seller’s account, cash on delivery, or credit card.
5.8 If the buyer does not take delivery of the goods in accordance with section 5.3 of these consumer terms and conditions, the seller is entitled to charge the buyer a storage fee of €5 per day of storage, unless otherwise agreed. This does not affect the seller’s right to claim compensation from the buyer for damage caused by the buyer’s delay in taking delivery of the goods in accordance with section 5.3 of these consumer terms and conditions.
5.9 The buyer may only pay for the goods in the manner approved by the seller, i.e., payment on delivery, payment by bank transfer, and payment by card.
Article VI.

Purchase price
6.1 The Buyer is obliged to pay the Seller the purchase price for the Goods agreed in the purchase agreement, including costs for delivery of the Goods (hereinafter referred to as the “purchase price”) in the form of bank transfer or deposit to the Seller’s account, cash payment, payment upon delivery at the place of delivery of the Goods, or by credit card, as specified in the binding acceptance of the order.
6.2 If the buyer pays the purchase price to the seller by bank transfer or deposit to the seller’s account, the payment date is the date on which the full purchase price is credited to the seller’s account.
6.3 The Buyer is obliged to pay the purchase price for the ordered goods within the time specified in the concluded purchase agreement, but no later than upon delivery of the goods.
6.4 If the buyer pays the seller the purchase price for the ordered goods in accordance with the concluded purchase agreement, the buyer may only cancel the purchase agreement and demand a refund of the purchase price in accordance with the applicable legislation in Slovakia.
Article VII.
Acquisition of ownership and transfer of risk of damage to the goods
7.1. Ownership of the ordered goods shall pass to the buyer upon acceptance at the place of delivery specified in the buyer’s order.
7.2. The risk of damage to the goods that are the subject of the concluded sales contract passes to the buyer at the moment when he takes over the goods from the seller or a person authorized by him.
Article VIII.
Complaints procedure (liability for defects, warranty, claims)
8.1 The seller is liable for defects in the goods, and the buyer is obliged to immediately submit a claim to the seller in accordance with these complaints rules.
8.2 These consumer terms and conditions apply to the handling of claims.
8.3 These complaint rules apply to goods that are the subject of a contract concluded via e-commerce on the seller’s e-commerce website.
8.4 During the warranty period, the Buyer is entitled to have the defect remedied free of charge by presenting the Goods, including accessories, documentation, and instructions, together with the warranty certificate or proof of purchase.
8.5 Complaints must be handled by the Seller within working days by telephone or in writing. The Buyer is obliged to state the nature and extent of the defect in the email. The complaint procedure for goods that can objectively be delivered to the seller starts on the day when all of the following conditions are met
i. Provision of information to make a claim,
ii. Delivery of the goods being complained about
iii. Delivery of the proof of purchase.
If the buyer delivers the goods by post, the seller recommends that the package be insured along with the goods. Goods sent by delivery will not be accepted by the seller. The seller recommends that the goods be packaged appropriately to prevent damage during transport, which is also the basis for the complaint procedure.
8.6 The buyer can submit a complaint at any of the seller’s places of business where the complaint can be accepted for the goods sold, or to a designated person. The designated person can only resolve the claim by handing over the repaired product, otherwise the claim must be forwarded to the seller for settlement. An employee authorized to handle complaints must be present on site and at the designated person’s office during office hours.
8.7 The seller or the designated person must provide the buyer with confirmation of the claim in the form of an email or in any other written form, in which the buyer is obliged to precisely identify the defect in the goods. The seller is obliged to inform the buyer of his rights under § 622 and § 623 of the Civil Code. If the claim is made by means of distance communication, the seller is obliged to immediately provide the buyer with confirmation of the claim; if it is not possible to provide the confirmation immediately, it must be provided without undue delay, but no later than together with the proof of the claim; the confirmation of the claim does not need to be delivered if the buyer is able to prove the claim in another way.

8.8 Based on the buyer’s decision as to which of his rights under Sections 622 and 623 of the Civil Code he will exercise, the seller or a designated person is obliged to decide how the claim is to be dealt with in accordance with Section 2(2)(a) of the Civil Code. m) of the Act (by delivering the repaired goods, replacing the goods, refunding the purchase price of the goods, paying a reasonable reduction in the price of the goods, a written request to take over the service or a reasoned refusal thereof) immediately, in more complex cases within three working days from the date of the claim, in justified cases, in particular if a complex technical assessment of the condition of the goods is required, within 30 days from the date of the claim. Once the method of handling the complaint has been determined, the complaint must be handled immediately; in justified cases, the complaint may also be handled later; however, the handling of the complaint must not take longer than 30 days from the date of the complaint. After the expiry of the deadline for handling the complaint, the buyer has the right to withdraw from the contract or have the goods replaced with new goods. The seller must inform the buyer that the complaint procedure has been completed and of the outcome of the complaint in a form agreed upon by the parties (e.g., by email or registered letter), and the buyer must receive the complaint report together with the goods. If the buyer has complained within the first 12 months after the conclusion of the purchase agreement, the seller can only reject the complaint on the basis of a professional assessment (“professional assessment of the goods”). Regardless of the outcome of the professional assessment, the seller cannot require the buyer to pay the costs of the professional assessment of the goods or other costs related to the professional assessment of the goods. The seller must provide the buyer with a copy of the professional assessment justifying the rejection of the complaint within 14 days of the date of the complaint.
8.9 If the buyer has made a claim for goods after 12 months from the conclusion of the purchase agreement and the seller has rejected it, the person who has decided on the claim is obliged to indicate in the settlement document to whom the buyer can send the goods for professional assessment. If the buyer sends the goods for expert assessment to the designated person specified in the complaint settlement document, the costs of expert assessment of the goods and any other related costs reasonably incurred shall be borne by the seller regardless of the outcome of the expert assessment. If the buyer proves the seller’s liability for the alleged defect in the goods by expert assessment, the buyer may re-assert the claim; the warranty period does not expire during the expert assessment of the goods. The seller is obliged to reimburse the buyer within 14 days from the date of the resubmitted claim for all costs incurred for the expert assessment of the goods, as well as all related costs reasonably incurred. The new claim cannot be rejected.

8.10 In particular, the buyer is not entitled to claim a warranty from the seller:

a reasoned rejection of a claim for goods.
8.12. The seller is obliged to issue a confirmation to the buyer when a claim is made. If the claim is made by means of distance communication, the seller is obliged to immediately provide the buyer with confirmation of the claim. If it is not possible to provide the confirmation immediately, it must be provided without undue delay, but no later than together with the proof of the claim. The confirmation of the claim does not need to be provided if the buyer is able to prove the claim in another way. The seller is obliged to issue written proof of the claim no later than 30 days after the date of the claim.
8.13. The warranty period is 24 months (unless another warranty period is specified in special cases) and starts from the date on which the buyer receives the goods.
8.14. The warranty period is extended by the period during which the buyer has been unable to use the goods due to warranty repairs of the goods.
8.15. If the goods are replaced with new goods, the warranty period shall start again from the date of receipt of the new goods, but only for the new goods. In this case, the buyer will receive a receipt for the replaced goods.
8.16. Warranty repairs are free of charge if a warranty claim has arisen.
8.17. If there is a defect that can be remedied, the buyer is entitled to have it remedied free of charge, in a timely manner, and in a proper manner. The seller is obliged to remedy the defect without undue delay.
8.18. Instead of remedying the defect, the buyer may demand replacement of the item or, if the defect only concerns part of the item, replacement of that part. The seller may only settle the claim in this way if it does not entail costs that are disproportionate to the price of the item or the seriousness of the defect.
8.19. The seller may always replace the defective item with a faultless item instead of remedying the defect, unless this causes serious inconvenience to the buyer.
8.20. If the item has a defect that cannot be remedied and that prevents it from being used properly as a defect-free item, the buyer is entitled to have the item replaced or to cancel the agreement. The same right applies to the buyer if the defects can be remedied but the buyer cannot use the goods properly because the defect reappears after repair or due to a large number of defects.
8.21. In the event of other irreparable defects, the buyer is entitled to a reasonable reduction in the price of the goods.
8.22. Complaints will only be processed for defects and deficiencies that the buyer has described in the complaint form.
8.23. If the seller processes the complaint by rejecting it with justification, and the buyer believes that the defect in the goods still exists and has not been remedied, the buyer may exercise their right to have the defect in the goods remedied by the courts.
8.24. It is not possible to exchange the item for another if its size, shape, type, etc. does not suit the buyer.
8.25. The complaint protocol can be downloaded here.
Article IX
Integrity
9.1. The seller has taken appropriate technical, organizational, and personnel measures in accordance with the manner in which personal data is processed, taking into account, in particular, the available technical means, the confidentiality and importance of the personal data being processed, and the extent of any risks. 18/2018 Coll. on the protection of personal data and the AVG rules in accordance with the rules specified on the Privacy Policy page.
Article X.
Right to withdraw from the purchase agreement
10.1. The buyer has the right to withdraw from the concluded purchase agreement within 14 days without giving reasons under the conditions regulated by Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller’s permanent place of business and on amendments to certain laws (hereinafter referred to as “consumer protection in the sale of goods”). Within this period, the buyer has the right to unpack the goods and test them in a manner corresponding to a normal purchase in a traditional store. The use of the goods and their subsequent return to the seller cannot be considered testing, even before the expiry of the withdrawal period.
10.2. The withdrawal period expires after 14 days from the date of receipt of the goods. The goods are considered to be accepted
– when the buyer or a third party designated by the buyer takes possession of the goods; or
– when the buyer or a third party designated by the buyer takes possession of the last delivered goods (if goods ordered by the buyer in one order are delivered separately); or
– when the buyer or a third party designated by the buyer takes possession of the last part or piece (if the goods consist of several parts or pieces); or
– when the buyer or a third party designated by the buyer takes possession of the first delivered goods (if the goods are delivered repeatedly over a period of time).
10.3 The buyer may request cancellation of the contract on paper from the seller using a duly completed and signed cancellation form.
sent by post to the seller’s address, or
– demonstrably handed over to the seller.
10.4. The withdrawal period is not affected if the buyer sends or hands over a duly completed and signed withdrawal form to the seller before the expiry of the withdrawal period.
– the exact specification of the goods
– the date of the order
– the first and last name of the consumer(s)
– the address of the consumer(s)
– the signature of the consumer(s).
10.5 When the seller withdraws from the contract, the seller must refund the buyer all payments made to him in connection with the conclusion of the contract, in particular the purchase price, including the costs of delivery of the goods to the buyer. The seller is not obliged to reimburse additional costs if the buyer has chosen a delivery method other than the cheapest standard delivery method offered by the seller. The payments shall be refunded to the buyer without delay, no later than 14 days from the date on which the seller has received the completed model withdrawal form. They must be paid in the same way that the buyer used for their payment, unless they have expressly approved another payment method, without incurring additional costs.
10.6 The buyer must return the goods together with any accessories, such as instructions, warranty cards, or proof of payment, to the seller’s address or physically deliver them to the seller’s address no later than 14 days after a duly completed and signed sample withdrawal form has been sent to the seller. The deadline is considered to have been met if the buyer returns the goods before the expiry of the 14-day period. If the buyer sends the goods by post, the seller recommends that the goods be insured. The goods should be properly packaged so that they are not damaged during transport. The seller does not accept cash on delivery.
10.7 The direct costs of returning the goods are borne by the buyer.

10.8 The buyer is responsible for any deterioration of the goods resulting from handling other than that necessary to determine the nature, characteristics, and functionality of the goods. If the buyer cancels the agreement and the seller delivers the used and damaged or incomplete goods, the seller is entitled to compensation from the buyer in an amount corresponding to the repair value of the goods and restoration of the goods to their original condition. The seller is entitled to claim compensation from the buyer. If the buyer does not voluntarily pay compensation, the seller is entitled to bring a claim for compensation against the buyer in a competent court.
10.9. If the buyer withdraws from the contract, all further agreements relating to the contract from which the buyer withdraws are also canceled with effect from the beginning.
10.10. If the buyer fails to fulfill any of its obligations under this Article X, the withdrawal from the sales contract shall not be valid and effective, and the seller shall not be obliged to refund any provable payments made to the buyer; in which case the seller shall be entitled to reimbursement of the costs associated with returning the goods to the buyer.
10.11. The burden of proof for exercising the right of withdrawal lies with the buyer.
10.12. The buyer may not withdraw from the contract that applies to him.
– sale of goods whose price depends on price movements in the financial market over which the seller has no control and which may occur during the withdrawal period
– sale of goods manufactured according to the consumer’s specific requirements, custom-made goods or goods specifically intended for an individual consumer
– the sale of goods that are subject to rapid deterioration or degradation
– the sale of goods in protective packaging that cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery
– the sale of goods which, after delivery, are liable to be inseparably mixed with other goods
– the sale of alcoholic beverages, the price of which is agreed at the time of conclusion of the contract, if delivery can take place no earlier than 30 days after the conclusion of the contract and the price depends on market price fluctuations over which the seller has no control
– performance of urgent repairs or maintenance expressly requested by the consumer; this does not apply to service agreements and agreements for the sale of goods other than spare parts necessary to carry out repairs or maintenance, where these agreements are concluded during the seller’s visit to the consumer and the consumer has not ordered these services or goods in advance
– the sale of phonograms, video recordings, phonograms, or computer software sold in a protective packaging, if the consumer has unpacked the packaging
– the sale of periodicals, except for sales under a subscription agreement, and the sale of books not delivered in protective packaging
– the provision of accommodation services for purposes other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities, where the seller undertakes to provide such services at the agreed time or within the agreed period
– the supply of electronic content other than on a tangible medium, if the supply has begun with the consumer’s express consent and the consumer has declared that he or she is duly informed that by giving his or her consent he or she loses the right to withdraw from the contract.
10.13. The seller has the right to withdraw from the purchase agreement if it is impossible to fulfill the purchase agreement in accordance with § 575 ff. of the Civil Code. Cases such as the sale of the manufacturer’s stock, lack of availability of the manufacturer’s goods, or if the manufacturer, importer, or supplier of goods agreed upon in the purchase agreement has ceased production or has made such significant changes that affect the seller’s fulfillment of its obligations under the purchase agreement or efforts that can reasonably be required of the seller, cannot deliver the goods to the buyer within the time or at the price specified in these general terms and conditions for consumers. The seller is obliged to inform the buyer of this and to refund the price already paid for the goods agreed in the sales contract within 14 days of notification of his or her withdrawal from the contract in the manner in which the buyer paid the price, unless the parties agree otherwise. The seller has the right to withdraw from the agreement even if the buyer has not accepted the goods within three working days from the day on which the buyer was obliged to accept them.

Article XI.
Alternative dispute resolution
11.1. The buyer – consumer has the right to seek compensation from the seller if he is not satisfied with the way in which the seller has handled his complaint or if he believes that the seller has violated his rights. The consumer has the right to submit an application for the initiation of an ADR procedure (“application”) to the ADR body if the seller has not responded to the request for redress as mentioned in the previous sentence or has not responded within 30 days of the date of dispatch. ADR entities must be bodies and authorized legal entities in accordance with Section 3 of Act No. 391/2015 Coll. on alternative dispute resolution in consumer disputes, e.g. the Slovak Trade Inspection, where the buyer – consumer has the right to choose the ADR body in consumer disputes to which he refers.
11.2. The buyer – consumer must act in accordance with Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution. ADR may be a dispute between the buyer – consumer and the seller arising in connection with the consumer contract or related to the consumer contract. The value of the dispute resolved through ADR must exceed €20. The ADR body may charge the buyer-consumer a fee for initiating ADR; this fee may not exceed €5, including VAT. The ADR body may request payment of the fee at the earliest at the same time as the ADR notice.
11.3 The buyer-consumer has the right to use the online dispute resolution platform (hereinafter referred to as “ODR”) to resolve their disputes in the language of their choice. The buyer-consumer may use the ODR platform, available on the website http://ec.europa.eu/consumers/odr/, to resolve their dispute.
The buyer and consumer must complete the electronic complaint form when submitting their case on the ODR platform. The information they provide must be sufficient to identify the relevant online ADR entity. The buyer/consumer may attach documents in support of their complaint.

Article XII
Final provisions
12.1 If the purchase agreement has been concluded in writing, any changes must be made in writing.
12.2. Communication between the contracting parties shall mainly take place via email or letter.
12.3. Contractual relationships not governed by these general terms and conditions for consumers shall be governed by the relevant provisions of the Civil Code, Act No. 250/2007 on consumer protection, Act No. 102/2014 on consumer protection in connection with the sale of goods or the provision of services on the basis of a distance sales contract or a contract concluded outside the seller’s permanent place of business and amending certain acts, Act No. 22/2004 on e-commerce and other legislation regulating the relationship between the seller and the consumer.
12.4 If the buyer demonstrably accepts these consumer terms and conditions and places a binding order, the purchase agreement entered into is subject to these consumer terms and conditions, unless the parties have agreed otherwise.
12.5 The seller may only sell the goods to end users (natural persons – non-entrepreneurs). If you are interested in purchasing goods from entrepreneurs, please contact the seller by email at info@montanax.eu
In Zilina, December 11, 2020

failure to present proof of payment, delivery note or warranty card and accessories for the goods

expiry of the warranty period for the goods

mechanical damage to the goods caused by the buyer

use of the goods under conditions that are contrary to the instructions for use of the goods

improper handling, use, or neglect of the goods

improper manipulation of the goods by an unauthorized person

normal wear and tear on the goods (or any part thereof) caused by the use of the goods.
8.11. The seller is obliged to process the complaint and complete the complaint procedure in one of the following ways:

by delivering the repaired goods,

by replacing the goods,

by refunding the purchase price of the goods (refund possible in the same way as
in the same way as the payment was made)

by paying a reasonable discount on the price of the goods

a written request to accept the service specified by the seller