GENERAL TERMS AND CONDITIONS
Basic Provisions
These general terms and conditions (hereinafter referred to as "terms and conditions") are issued by:
Company ID: …………………………
Tax ID: …………………………
Registered office: …………………………
registered at ….. court, section…., file…..
contact details: …………………………
email …………………………
phone …………………………
www …………………………
(hereinafter referred to as "seller")
These terms and conditions govern the mutual rights and obligations of the seller and the individual who enters into a purchase agreement outside of their business activity as a consumer, or within their business activity (hereinafter referred to as "buyer") through the web interface located on the website accessible at the internet address….. (hereinafter referred to as "online store").
The provisions of the terms and conditions are an integral part of the purchase agreement. Any deviation agreed upon in the purchase agreement takes precedence over the provisions of these terms and conditions.
These terms and conditions and the purchase agreement are concluded in the Slovak language.
Product and Price Information
Information about the products, including the price of each product and its main characteristics, is provided for each product in the online store catalog. Prices of products are stated including value-added tax, all related fees, and costs for returning the goods, if the goods cannot be returned by the usual postal means due to their nature. The prices of products remain valid for the duration they are displayed in the online store. This provision does not exclude the possibility of concluding a purchase agreement under individually agreed conditions.
All product presentations placed in the online store catalog are for informational purposes, and the seller is not obliged to conclude a purchase agreement regarding these products.
The online store publishes information about the costs associated with packaging and delivery of the goods. The information about the costs associated with packaging and delivery of the goods provided in the online store applies only in cases where the goods are delivered within the territory of the Slovak Republic.
Any discounts on the purchase price of the goods cannot be combined unless otherwise agreed by the seller and the buyer.
Order and Conclusion of the Purchase Agreement
The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase agreement (costs for internet connection, costs for phone calls) are borne by the buyer. These costs do not differ from the basic rate.
The buyer places an order for goods in the following ways:
- through their customer account, if they have previously registered in the online store,
- by filling out the order form without registration.
When placing an order, the buyer selects the goods, the number of items, the method of payment, and delivery.
Before sending the order, the buyer is allowed to check and change the data they have entered into the order. The buyer sends the order to the seller by clicking the button……. The data provided in the order is considered correct by the seller. The validity of the order is conditional on the completion of all mandatory data in the order form and the buyer's confirmation that they have familiarized themselves with these terms and conditions.
Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer when placing the order. This confirmation is automatic and is not considered a conclusion of the contract. The current terms and conditions of the seller are attached to the confirmation. The purchase agreement is concluded only after the seller receives the order. Notification of the acceptance of the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer when placing the order. This confirmation is considered a conclusion of the contract. The current terms and conditions of the seller are attached to the confirmation. The purchase agreement is concluded upon the seller's confirmation of the order to the buyer's email address.
If the seller cannot fulfill any of the requests stated in the order, they will send the buyer a modified offer to their email address. The modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded upon the buyer's confirmation of acceptance of this offer to the seller's email address provided in these terms and conditions.
All orders received by the seller are binding. The buyer may cancel the order until the buyer receives notification of the acceptance of the order by the seller. The buyer may cancel the order by phone at the seller's phone number or by electronic message to the seller's email, both provided in these terms and conditions.
In the event of an obvious technical error on the part of the seller in stating the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly erroneous price, even if the buyer has received an automatic confirmation of receipt of the order according to these terms and conditions. The seller will inform the buyer of the error without undue delay and will send the buyer a modified offer to their email address. The modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded upon the buyer's confirmation of acceptance to the seller's email address.
Customer Account
Based on the buyer's registration completed in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also order goods without registration.
When registering for a customer account and when ordering goods, the buyer is required to provide all information accurately and truthfully. The buyer is obliged to update the information provided in their user account whenever it changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
The buyer is not authorized to allow third parties to use the customer account.
The seller may cancel the user account, particularly if the buyer has not used their user account for an extended period, or if the buyer violates their obligations under the purchase agreement and these terms and conditions.
The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software, or the necessary maintenance of third-party hardware and software.
Payment Terms and Delivery of Goods
The price of the goods and any costs associated with the delivery of the goods under the purchase agreement can be paid by the buyer in the following ways:
bank transfer to the seller's bank account no. …., held at …..
credit card payment
bank transfer to the seller's account via the payment gateway ….,
cash on delivery upon receipt of the goods,
in cash or by credit card upon personal collection at the location,
- in cash or by credit card upon personal collection at the parcel pickup point.
Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the cost associated with the delivery of the goods.
In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within … days from the conclusion of the purchase agreement.
In the case of payment via the payment gateway, the buyer proceeds according to the instructions of the relevant electronic payment provider.
In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.
The seller does not require any advance payment or similar payment from the buyer in advance. Payment of the purchase price before the shipment of goods is not considered an advance.
According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received revenue with the tax administrator online, in the event of a technical failure, no later than within 48 hours.
The goods are delivered to the buyer:
to the address specified by the buyer in the order,
via a parcel collection point at the address of the collection point designated by the buyer,
- by personal pickup at the seller's establishment.
The choice of delivery method is made during the ordering of the goods.
The costs of delivering the goods, depending on the method of dispatch and receipt of the goods, are specified in the buyer's order and in the order confirmation from the seller. If the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
If the seller is obliged under the purchase agreement to deliver the goods to a location designated by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.
Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and to immediately report any defects to the carrier. If there is evidence of tampering with the packaging indicating unauthorized access to the shipment, the buyer is not obliged to accept the shipment from the carrier.
The seller will issue a tax document – invoice – to the buyer. The tax document is sent to the buyer's email address. / The tax document is attached to the delivered goods.
The buyer acquires ownership rights to the goods by paying the full purchase price for the goods, including delivery costs, but not before accepting the goods. The responsibility for accidental loss, damage, or destruction of the goods passes to the buyer at the moment of acceptance of the goods or at the moment when the buyer was obliged to accept the goods but failed to do so in violation of the purchase agreement.
Withdrawal from the Contract
A buyer who has entered into a purchase contract outside of their business activity as a consumer has the right to withdraw from the purchase contract without providing a reason.
The withdrawal period from the contract is 14 days
from the day of receipt of the goods,
from the day of receipt of the last delivery of goods if the contract involves several types of goods or the delivery of several parts,
- from the day of receipt of the first delivery of goods if the contract involves regular repeated delivery of goods.
The buyer cannot withdraw from the purchase contract, among other things:
for the provision of services if they have been fulfilled with their prior explicit consent before the withdrawal period has expired and the seller informed the buyer before concluding the contract that in such a case they do not have the right to withdraw from the contract and if the service has been fully provided,
for the delivery of goods or services whose price depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period,
for the delivery of alcoholic beverages whose price was agreed upon at the time of concluding the contract, which may be delivered only after thirty days and whose price depends on market fluctuations independent of the seller's will,
for the delivery of goods that have been modified according to the buyer's wishes, custom-made goods, or goods specifically intended for one buyer,
for the delivery of goods that are subject to rapid spoilage, as well as goods that have been irreversibly mixed with other goods due to their nature after delivery,
for the delivery of goods in a sealed package that is not suitable for return for health protection or hygiene reasons and whose protective packaging has been damaged after delivery,
for the delivery of audio recordings, video recordings, audiovisual recordings, books, or computer software if they are sold in protective packaging and the buyer has unwrapped this packaging,
for the delivery of newspapers, periodicals, or magazines except for sales based on a subscription agreement and the sale of books not delivered in protective packaging,
for the delivery of electronic content other than on a tangible medium if its provision has started with the buyer's explicit consent and the buyer has declared that they have been properly informed that by expressing this consent they lose the right to withdraw from the contract,
- in other cases specified in § 7 paragraph 6 of Act No. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services based on a contract concluded at a distance or a contract concluded outside the seller's business premises as amended.
To comply with the withdrawal period from the contract, the buyer must send a declaration of withdrawal within the withdrawal period.
To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. The withdrawal from the purchase contract shall be sent by the buyer to the email or delivery address of the seller specified in these terms and conditions. The seller shall promptly confirm the receipt of the form to the buyer.
The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even in cases where the goods cannot be returned by the usual postal route due to their nature.
If the buyer withdraws from the contract, the seller shall promptly return, no later than 14 days from the withdrawal from the contract, all monetary funds received from the buyer, including delivery costs, in the same manner. The seller will return the received monetary funds to the buyer in another manner only if the buyer agrees to it and if it does not incur additional costs.
If the buyer has chosen a method of delivery other than the cheapest one offered by the seller, the seller will return to the buyer the delivery costs corresponding to the cheapest offered method of delivery of the goods.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the received monetary funds to the buyer before the buyer hands over the goods or proves that they have sent the goods to the seller.
The goods must be returned by the buyer to the seller undamaged, unused, and unpolluted, and if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for damages incurred on the goods against the buyer's claim for the return of the purchase price.
The seller is entitled to withdraw from the purchase contract due to the exhaustion of stock, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has ceased production or import of the goods. The seller shall promptly inform the buyer via the email address provided in the order and return within 14 days from the notification of withdrawal from the purchase contract all monetary funds received from the buyer based on the contract, including delivery costs, in the same manner, or in a manner specified by the buyer.
Rights from Defective Performance
The seller is responsible to the buyer that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer received the goods:
the goods have the properties that the parties agreed upon, and if there is no agreement, have such properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and based on the advertising conducted by the seller,
the goods are suitable for the purpose that the seller indicates for their use or for which goods of this kind are usually used,
the goods correspond to the quality or execution of the agreed sample or template, if the quality or execution was determined according to the agreed sample or template,
the goods are in the appropriate quantity or weight, and
- the goods meet the requirements of legal regulations.
If a defect appears within six months from the receipt of the goods by the buyer, it is presumed that the goods were defective already at the time of receipt. The buyer is entitled to assert rights from a defect that occurs in consumer goods within twenty-four months from receipt. This provision does not apply to goods sold at a lower price due to a defect for which a lower price was agreed, for wear and tear caused by normal use of the goods, for used goods due to a defect corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods.
In the event of a defect, the buyer may submit a complaint to the seller and request:
if it is a defect that can be removed:
the free removal of the defect in the goods,
- the exchange of the goods for new goods,
if it is a defect that cannot be removed:
a reasonable discount from the purchase price,
- to withdraw from the contract.
The buyer has the right to withdraw from the contract,
if the goods have a defect that cannot be removed and which prevents the item from being used properly as an item without defects,
if the buyer cannot use the goods properly due to repeated occurrence of defects or defects after repair,
- if the buyer cannot use the goods properly due to a greater number of defects in the goods.
The seller is obliged to accept the complaint at any establishment where the acceptance of the complaint is possible, or at the registered office or place of business. The consumer may also submit the complaint to a person designated by the seller. If the complaint of the consumer is handled by a person designated by the seller, this person can only handle the complaint by handing over the repaired goods; otherwise, the complaint will be forwarded to the seller for resolution. The seller is obliged to issue a written confirmation to the buyer regarding when the buyer asserted the right, what the content of the complaint is, and what method of handling the complaint the buyer requests, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair performed and the duration of it, or a written justification for the rejection of the complaint.
If a consumer files a complaint, the seller or an employee authorized by them or a designated person is obliged to inform the consumer of their rights arising from defective performance. Based on the consumer's decision regarding which rights arising from defective performance they are asserting, the seller or an authorized employee or designated person is obliged to determine the method of handling the complaint immediately, in complex cases no later than three working days from the date of filing the complaint, and in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of filing the complaint. After determining the method of handling the complaint, the complaint, including the removal of the defect, must be handled immediately, although in justified cases, the complaint may also be handled later. However, the handling of the complaint, including the removal of the defect, must not take longer than 30 days from the date of filing the complaint. The expiration of this deadline is considered a substantial breach of contract, and the buyer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods. The moment of filing the complaint is considered to be the moment when the buyer's expression of will (asserting the right from defective performance) is communicated to the seller.
The seller shall inform the buyer in writing of the outcome of the complaint, no later than 30 days from the date of filing the complaint.
The right from defective performance does not belong to the buyer if the buyer knew that the item had a defect before taking possession of it, or if the buyer caused the defect themselves.
In the case of a justified complaint, the buyer has the right to reimbursement of the necessary costs incurred in connection with the filing of the complaint. This right can be asserted by the buyer against the seller within one month after the expiration of the warranty period.
The choice of the method of complaint and its handling, if there are multiple options, belongs to the buyer.
The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 499 to 510, Sections 596 to 600, and Sections 619 to 627 of Act No. 40/1964 Coll. Civil Code as amended, and Act No. 250/2007 Coll. on Consumer Protection as amended.
Other rights and obligations of the parties related to the seller's liability for defects are governed by the seller's complaint procedure.
Delivery
The contracting parties may deliver all written correspondence to each other via electronic mail.
The buyer delivers correspondence to the seller at the email address specified in these terms and conditions. The seller delivers correspondence to the buyer at the email address provided in their customer account or in the order.
Out-of-Court Dispute Resolution
The consumer has the right to contact the seller with a request for redress if they are not satisfied with the way the seller handled their complaint or if they believe that the seller has violated their rights. The consumer has the right to submit a proposal for the initiation of alternative (out-of-court) dispute resolution to an alternative dispute resolution entity if the seller responded negatively to the request mentioned in the previous sentence or did not respond within 30 days from the date of its sending. This does not affect the consumer's option to turn to the court.
The Slovak Trade Inspection is responsible for out-of-court resolution of consumer disputes arising from the purchase agreement, located at: Prievozská 32, 827 99 Bratislava, ICO: 17 331 927, which can be contacted for this purpose at the address Slovak Trade Inspection, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at ars@soi.sk or adr.@soi.sk. Website: https://www.soi.sk/. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer arising from the purchase agreement.
The European Consumer Centre Slovakia, located at Mlynské nivy 44/a, 827 15 Bratislava, website: http://esc-sr.sk/ is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
The seller is authorized to sell goods based on a trade license. The relevant District Office for Trade Business conducts trade inspections within its jurisdiction. The Slovak Trade Inspection supervises compliance with Act No. 250/2007 Coll. on Consumer Protection as amended, within the defined scope.
Final Provisions
All agreements between the seller and the buyer are governed by the legal order of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties have agreed that the relationship shall be governed by the law of the Slovak Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.
The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of Act No. 250/2007 Coll. on Consumer Protection as amended.
All rights to the seller's websites, especially copyright to the content, including the layout of the page, photos, videos, graphics, trademarks, logos, 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 is not responsible for errors arising from third-party interference with the online store or from its use contrary to its intended purpose. The buyer must not use procedures when utilizing the online store that could negatively affect its operation and must not engage in any activity that could allow him or third parties to unlawfully interfere with or unlawfully use the software or other components that make up the online store and to use the online store or its parts or software in a manner that would be contrary to its intended purpose or purpose.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the validity of the previous wording of the terms and conditions.
An attachment to the terms and conditions is a sample form for withdrawal from the contract.
These terms and conditions come into effect on the day of ......