1. General provisions

 

The following business and complaint conditions regulate the rights and obligations of the contracting parties, which result from the purchase contract concluded between the seller:

 

Ilona Magdalena Lisá Witkowska, ID: 51745879, Vajanského nábrežie 59/17, 81102 Bratislava-Staré Mesto (hereinafter the "seller") and the buyer . The subject of this contract is the purchase and sale of goods on the seller's e-commerce website. Contact details of the seller: Ilona Magdalena Lisa Witkowska, ID: 51745879, Vajanskeho nabrezi 59/17, 81102 Bratislava-Stare Mesto Steuernummer: 112446747 Establishment: Vajanského nábrežie 59/17, 81102 Bratislava-Staré Mesto Phone: +421 903 666666 Email: hello@slow.sk

 

Supervisory authority: Slovak Trade Inspection (SOI) SOI Inspectorate for the Bratislava Region Bajkalská 21 / A, P. O. BOX no. 5, 820 07 Bratislava Supervision Department tel. no. 02/58 27 21 72, 02/58 27 21 04 fax no. 02/58 27 21 70 http://www.soi.sk http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

1.1. These business and complaint conditions, as amended on the day of concluding the purchase contract, are an integral part of the purchase contract. In the case of concluding a purchase contract in writing, in which the agreed conditions will be deviated from these business and complaint conditions, the provisions of the purchase contract will take precedence over these business and complaint conditions. The newly agreed business conditions must not be in conflict with other legal regulations (shortening the return period, warranty period, etc.)

1.2. For the purposes of these terms and conditions of business and complaint, an ancillary contract means a contract in which the buyer acquires goods or provides a service related to the subject of the purchase contract, if the goods or services are supplied by the seller or a third party under their agreement.

1.3. The purchase price for the goods displayed on any e-commerce website, which is operated by the seller, also includes value added tax in a specified amount in accordance with the applicable legislation of the Slovak Republic. It does not include the price for the transport of goods or other optional services. All trade and other shares are valid until stocks are sold out, unless otherwise stated for the goods.

1.4. The seller's right is to adjust the selling price of the goods, which is listed on the e-commerce website, at the seller's premises at any time. Such a change does not apply to purchase contracts concluded before the price change, regardless of the fact that the goods have not yet been delivered.

2. Method of concluding the purchase contract

 

2.1. The purchase contract is concluded on the basis of a proposal, which the buyer sends to the seller in the form of a completed and sent form via the seller's website, to which he sent a proposal for its conclusion. The subject of the contract is the transfer of ownership of the goods designated by the buyer for the purchase price and under the conditions specified in this order (hereinafter referred to as the "order").

2.2. After sending the order, an automatically generated message about the receipt of the order will be sent to the e-mail address to the seller's electronic system (hereinafter referred to as the "order delivery confirmation"). If necessary, it is possible that all additional information regarding the order can be sent to the buyer's e-mail address.

2.3. The order delivery confirmation contains information that the order has been delivered to the seller and is also the acceptance of the proposal for the conclusion of the purchase contract (hereinafter "order acceptance").

2.4. Acceptance of the order contains information on the name and specification of the goods, the sale of which is the subject of the purchase contract, as well as information on the price of goods and / or other services, information on the expected delivery time, name and information on the place where the goods are to be delivered and price, conditions, method and date of transport of goods to the agreed place of delivery of goods for the buyer, details of the seller (business name, registered office, ID number, registration number in the commercial register, etc.), or other necessary information.

The content of the acceptance of the order includes the name and specification of the goods, the sale of which is the subject of the purchase contract, information on the price of goods and / or other services, information on the probable delivery time of goods, name and information on the place where the goods are to be delivered and information on conditions the price and date of transport of the goods to the agreed place of delivery for the buyer, as well as information about the seller such as business name, registered office, ID number and the like. The notification may also contain other necessary information.

2.5. The conclusion of the purchase contract occurs by delivering the acceptance of the order electronically or in writing.

2.6. Prior to sending the order, the seller has informed the buyer of the pre-contractual information concerning the complaint, payment, business, transport and other conditions in a clear, unambiguous, comprehensible and irreplaceable manner by:

a) inform about the main characteristics of the goods or the nature of the service to the extent appropriate to the means of communication used and inform the seller on the relevant e-commerce catalog page,

b) informed about the trade name and registered office of the seller on the relevant subpage of the seller's e-commerce and in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

c) the telephone number of the seller and other data that are important for the buyer's contact with the seller, in particular his e-mail address and fax number, if he has informed them on the relevant subpage of the seller's e-commerce and in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

d) the address of the seller at which the buyer can file a complaint about the goods or services, file a complaint or other complaint in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

e) the total price of the goods or services, including value added tax and all other taxes or, given the nature of the goods or services, the price cannot be reasonably determined in advance, the way in which it is calculated, as well as transport, delivery, postage and other costs. and fees, or if these costs and fees cannot be determined in advance of the fact that the buyer will be obliged to pay them, he informed the seller on the relevant e-commerce catalog page,

f) inform the buyer about the payment conditions, delivery conditions, the period within which the seller undertakes to deliver the goods or provide the service, information on the procedures for the application and handling of complaints, grievances and suggestions in the relevant articles of these terms and conditions. the relevant sub-page of the seller's e-commerce,

g) information on the right of the buyer to withdraw from the purchase contract, on the conditions, period and procedure for exercising the right to withdraw from the contract in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

h) informed about the provision of the form for withdrawal from the purchase contract in Art. 10 and in the appendix to these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce; the seller also provided the form for withdrawal from the purchase contract in the annex to these terms and conditions and complaints, which are located on the relevant subpage of the seller's e-shop

i) information that if the buyer withdraws from the purchase contract, he will bear the costs associated with the return of goods to the seller under § 10 para. 3 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the seller's premises and amending certain laws (hereinafter "Act on consumer protection in distance selling"), and if he withdraws from the purchase contract the cost of returning the goods, which due to its nature cannot be returned by post informed in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

j) on the buyer's obligation to pay the seller the price for the performance actually provided pursuant to § 10 para. 5 of the Act on Consumer Protection in Distance Selling, if the buyer withdraws from the service contract after giving the seller explicit consent pursuant to § 4 para. 6 of the Act on Consumer Protection in Distance Selling informed in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

k) about the circumstances in which the buyer loses the right to withdraw from the contract in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

l) on instructions on the seller's liability for defects in goods or services pursuant to para. § 622 and 623 of the Civil Code informed in Art. 8 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

m) the existence and details of a guarantee provided by the manufacturer or seller in accordance with stricter principles than those laid down in para. § 502 of the Civil Code, if provided by the manufacturer or seller, as well as information on the existence and conditions of assistance and services provided to the buyer after the sale of goods or services, if such assistance is provided on the relevant e-commerce catalog page of the seller and Art. 9 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

n) the existence of the relevant codes of conduct which the seller has undertaken to comply with and the way in which the buyer can become acquainted with them or obtain their wording on the relevant e-commerce catalog page of the seller,

o) the duration of the contract, in the case of a fixed-term contract; in the case of a contract concluded for an indefinite period or in the case of a contract for which its validity is automatically extended, he also informed about the conditions of termination of the contract on the relevant e-commerce catalog page of the seller and these terms and conditions, which are located on the relevant subpage of the electronic the seller's business,

p) the minimum duration of the buyer's obligations arising from the purchase contract, if the purchase contract implies such an obligation for the buyer on the relevant catalog of the seller's e-shop and in these terms and conditions, which are located on the relevant sub-page of the seller,

q) the buyer's obligation to pay an advance or provide other financial security at the request of the seller and the conditions that apply to its provision, if the purchase contract implies such an obligation for the buyer on the relevant e-commerce catalog page of the seller and these terms and conditions, which are located on the relevant subpage of the seller's e-commerce,

r) on the functionality, including the applicable technical protection measures for securing the electronic content, if applicable, inform on the relevant catalog page of the seller's e-commerce and in these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce, s) about the compatibility of electronic content with hardware and software of which the seller knows or is reasonably expected to know about them, if applicable, he informed about the relevant catalog page of the seller's e-commerce and in these terms and conditions, which are located on the relevant subpage electronic commerce of the seller,

t) inform the seller of the possibility and conditions of out-of-court dispute resolution through the alternative dispute resolution system, if the seller has undertaken to use this system on the relevant e-commerce catalog page; these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

u) on the necessary actions for the conclusion of the purchase contract by describing these necessary actions in these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

v) that the purchase contract will be stored in electronic form at the seller and is available to the buyer after the buyer requests it in writing on the relevant e-commerce catalog page of the seller and in these terms and conditions, which are located on the relevant subpage of the electronic the seller's business, that the language offered for the conclusion of the contract is the Slovak language informed on the relevant catalog page of the seller's e-shop and in these business and complaint conditions, which are located on the relevant subpage of the seller's e-shop.

2.7. If the seller has not fulfilled his information obligation pursuant to point 2.6. letter e) of these business and complaint conditions, the buyer is not obliged to pay these additional costs or fees.

 

3. Rights and obligations of the seller

 

3.1. The seller is obliged to:

a) in the case of confirmation of the order by acceptance, the seller is obliged to deliver the goods to the buyer in the agreed quantity, time, quality and pack it and to ensure transport in the manner necessary for its preservation and protection,

b) ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic,

c) send a confirmation of the conclusion of the purchase contract on a durable medium, such as via e-mail. The confirmation must be sent immediately and must contain all the information listed in 2.6. including the form for withdrawal from the purchase contract.

d) at the latest together with the goods to hand over to the buyer in electronic or written form all necessary documents for taking over and using the purchased goods as well as other documents prescribed by valid legal regulations of the Slovak Republic such as instructions in Slovak, delivery note, warranty card and tax document.

 

3.2. The seller has the right to proper and timely payment of the purchase price by the buyer for the delivered goods.

3.3. In case of unavailability of goods or sale of stock, the seller is not able to deliver the goods to the buyer within the period agreed in the purchase contract, determined by these terms and conditions or the agreed purchase price, the seller is obliged to offer the buyer a substitute performance (order cancellation). Withdrawal from the purchase contract or cancellation of the order is possible by sending an email to the buyer. In case of payment of the purchase price by the buyer or its part, the seller is obliged to return all payments and therefore already paid the purchase price or its part, including shipping, delivery and postage and other costs and fees within 14 days from the date of delivery withdrawal from the purchase contract resp. cancellation of the order to the buyer on the account designated by him, unless the parties agree otherwise. If the buyer does not accept the replacement performance offered by the seller and does not withdraw from the purchase contract, the seller is entitled to withdraw from the purchase contract. In case of payment of the purchase price by the buyer or its part, the seller is obliged to return the already paid purchase price or its part within 14 days from the date of delivery of the withdrawal from the purchase contract to the buyer.

4. Rights and obligations of the buyer

 

4.1. The seller informed the buyer of the obligation to pay the purchase price. This obligation is part of the order.

4.2. Buyer's rights: The buyer has the right to deliver the goods in the quantity, quality, date and place agreed by the parties.

4.3. Obligations of the buyer:

a) pay the agreed purchase price to the seller within the agreed due date, including the costs of delivery of the ordered goods, b) take over the goods which have been ordered and delivered

c) in the delivery note, confirm the receipt of the goods by his signature or by the signature of the person authorized by him.

 

5. Delivery and payment terms

 

5.1. For each product on the e-commerce website, the usual availability of the goods is stated with the date of its dispatch.

5.2. The seller is obliged to deliver the item to the buyer immediately, no later than 30 days from the date of conclusion of the purchase contract, unless otherwise agreed in the purchase contract. If the seller has not fulfilled this obligation, the buyer may ask him to deliver the item within the reasonable additional period specified therein. If the item is not delivered even within this additional reasonable period, the buyer is entitled to withdraw from the contract.

5.3. The seller is entitled to invite the buyer to take over the goods even before the expiration of the delivery period agreed in the purchase contract.

5.4. The obligation of the buyer is to take over the goods at the agreed place, according to the purchase contract or otherwise in the time before the delivery of the goods (hereinafter referred to as "place"). The buyer is obliged to take over the goods in the time range that is the seller or his representative, authorized to deliver the goods and the buyer agreed in the purchase contract or otherwise in the time before delivery of the goods (hereinafter "Time Range").

5.5. If the seller delivers the goods to the buyer to the place and in the time range, it is the buyer's obligation to take over the goods in person or to ensure the takeover of the goods by a person authorized by the buyer. The buyer is obliged to sign a protocol on payment of the purchase price, delivery and handover of the goods. The obligation of the third party authorized to take over the goods is to submit to the seller a copy of the acceptance of the order. Upon delivery of the goods to the buyer, the goods are considered delivered. Delivery of the goods to the Buyer means delivery of the goods to the Place, taking over by the Buyer or a third party authorized by the Buyer and signing a protocol on payment of the purchase price and delivery and delivery of the Goods by the Buyer or a third party authorized by the Buyer.

5.6. If it is necessary to repeat the delivery of goods due to the buyer's absence on the spot and within the time or if the buyer does not take over the goods within 7 days after the expiration of the time in vain, without prior written withdrawal from the purchase contract, the seller is entitled to compensation in the actual cost for an attempt to deliver the goods to the place unsuccessfully.

5.7. The buyer's obligation is to check the received shipment, the packaging of the goods and also the goods, immediately after delivery in the presence of the seller's representative, such as a courier. If a defect in the goods is found, it is the duty of the seller's representative to allow the buyer to make a record of the nature and extent of the defect in the goods, the correctness will be confirmed by the seller's representative. With the record prepared in this way, delivered to the seller, the buyer may refuse to take over the delivered goods with a defect or confirm the delivery of the goods with a defect and subsequently in accordance with Art. 8 of these business and complaint conditions to file a claim for defects in the goods with the seller or a person designated by him. If the buyer refuses to take over the delivered goods with defects, all purposefully incurred costs of returning the goods to the seller shall be borne by the seller.

5.8. In case of non-delivery of the goods by the seller, the buyer is entitled within the period specified in point 5.2. of these terms and conditions to withdraw from the purchase contract and the seller is obliged to return to the buyer the already paid purchase price or part thereof within 14 days from the date of delivery of the withdrawal from the purchase contract. The funds will be transferred to a bank account designated by the buyer.

6. Purchase price

 

6.1. The purchase price for the goods, which was agreed in the purchase contract between the buyer and the seller is stated in the acceptance of the order (hereinafter referred to as the "purchase price"). If the purchase price stated in the order delivery confirmation is higher than the price for identical goods stated in the e-commerce offer at the time of sending the order to the buyer, the seller will deliver to the buyer an electronic message with information about the offer of a new purchase price to conclude a new purchase contract, which the buyer must explicitly confirm by e-mail or in writing in order for a valid conclusion of the purchase contract.

6.2. The buyer is obliged to pay the seller the purchase price, including the cost of delivery of goods in cash, respectively. by payment card upon personal collection of the goods, cash on delivery at the place of delivery of the goods or by non-cash transfer to the seller's account specified in the order acceptance or on the seller's website at the time before taking over the goods.

6.3. When paying the purchase price by non-cash transfer to the seller's account, the moment when the entire purchase price was credited to the seller's account is considered the day of payment.

6.4. The buyer's obligation is to pay the seller the purchase price for the agreed goods within the period specified in the purchase contract, but no later than when taking over the goods.

6.5. The Seller is entitled to refuse delivery of the goods to the Buyer if the Buyer does not pay the Seller the full purchase price by the time of delivery of the goods to the Place and the parties have not agreed to pay the purchase price for the goods in installments.

6.6. Assembly, removal of goods and related costs are not included in the purchase price and the seller is not obliged to provide these services to the buyer.

 

7. Acquisition of ownership and transfer of the risk of damage to the goods

 

7.1. The buyer acquires ownership of the goods only by full payment of the purchase price for the goods.

7.2. At the moment of taking over the goods by the buyer or a third party authorized by the buyer from the seller or his representative authorized to deliver the goods, or if he does not do so in time, the seller allows the buyer to dispose of the goods and the buyer does not accept the risk of damage to the goods.

 

8. Complaints procedure (warranty, liability for defects, complaints)

 

8.1. The buyer has the right to free removal of the defect, in a timely and proper manner, with respect to the defect of the goods, which can be removed. It is the seller's responsibility to eliminate the defect without undue delay.

8.2. Instead of eliminating the defect, the buyer may request the replacement of the goods or, if the defect concerns only a certain part of the goods, the replacement of this part, provided that the seller does not incur disproportionate costs due to the price or severity of the defect.

8.3. The seller can always exchange defective goods for goods without defects, unless this causes serious difficulties for the buyer.

8.4. In the case of a defect in the goods which cannot be removed and which prevents the goods from being properly used as a thing without defects, the buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the goods due to the recurrence of the defect after repair or for a larger number of defects.

8.5. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the goods.

8.6. The seller instructed the buyer about his rights, which arise from the stat. § 622 of the Civil Code (points 8.1. To 8.3. Of these business and complaint conditions) and the rights arising from it. § 623 of the Civil Code (points 8.4. To 8.5. Of these business and complaint conditions) by placing these business and complaint conditions on the relevant subpage of the seller's e-shop and the buyer had the opportunity to read them in time before sending the order.

8.7. The buyer is obliged to file a complaint with the seller or a designated person. The seller is responsible for defects in the goods in accordance with applicable laws of the Slovak Republic. Information on service points and designated persons for warranty and post-warranty service will be provided by the seller to the buyer on the back of the warranty card or on request by phone or e-mail.

8.8. The handling of complaints is governed by the valid complaint procedure of the seller, ie Art. 8. these business and complaint conditions. The buyer was duly acquainted with the complaint procedure and informed about the conditions and method of claiming the goods, including information on where the claim can be made, and about the performance of warranty repairs in accordance with Art. § 18 par. 1 of Act no. 250/2007 Z. from. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Act") in the period before concluding the purchase contract by placing these business and complaint conditions on the relevant subpage of the seller's e-shop and the buyer had the opportunity to read them before sending the order.

8.9. Goods purchased by the buyer from the seller in the form of e-commerce on the seller's e-commerce website are subject to the complaint procedure.

8.10. If the goods show defects for which the manufacturer, supplier or seller is responsible, they are covered by the warranty and were purchased from the seller, the buyer has the right to claim liability from the seller for defects in the goods.

8.11. If the goods show defects, the buyer has the right to file a complaint at the seller's premises in accordance with Art. § 18 par. 2 of the Act by delivering the goods to the seller's premises and delivering to the seller a statement of the buyer's will to exercise his right under points 8.1. to 8.5. of these business and complaint conditions (hereinafter referred to as the "Notice of Complaint"), e.g. in the form of a completed complaint form, which is located on the relevant subpage of the seller's e-commerce. The seller recommends insuring the goods when sending them for a complaint. The seller does not accept cash on delivery. The Buyer is obliged to state all the required information truthfully in the Notice of Complaint, in particular to precisely indicate the type and extent of the defect in the goods; the buyer shall also state which of his rights arising from para. Sections 622 and 633 of the Civil Code apply. The buyer has the right to file a complaint with a person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as the "designated person"). The list of designated persons is given in the warranty card or the seller will send it to the buyer at his request.

8.12. The complaint procedure concerning goods that can be delivered to the seller begins on the day when all of the following conditions are cumulatively met: a) delivery of the notification of the complaint by the buyer, the seller b) delivery of the claimed goods from the buyer to the seller or a person designated for that purpose c) delivery of access codes, passwords, etc. to the claimed goods to the seller, if these data are necessary for the proper handling of the complaint

8.13. If the subject of the complaint is goods that cannot be objectively delivered to the seller or that are permanently installed, the buyer is, in addition to meeting the conditions under points 8.12 (a). a) and c) of these complaint and business conditions, he is obliged to provide all necessary cooperation for the inspection of the claimed goods by the seller or by a third party designated by the seller. The complaint procedure concerning goods which cannot be objectively delivered to the seller or which are permanently installed begins on the day when the inspection of the goods was carried out in accordance with the first sentence. However, if the Seller or a third party designated by him, despite the necessary cooperation provided by the Buyer, does not ensure the inspection within a reasonable time, but no later than 10 days from delivery of the Notice to the Seller, the complaint procedure begins on the day of delivery of the Notice to the Seller.

8.14. The seller or a designated person shall issue to the buyer a confirmation of the claim for the goods in a suitable form chosen by the seller, e.g. in the form of an e-mail or in written form, in which he is obliged to accurately indicate the claimed defects of the goods and once again instructs the consumer about his rights under point 8.1. to 8.3. these business and complaint conditions (provisions of § 622 of the Civil Code) and the rights arising from point 8.4. to 8.5. of these business and complaint conditions (provisions of § 623 of the Civil Code). If the complaint is made by means of long-distance communication, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint; The confirmation of the claim need not be delivered if the buyer has the opportunity to prove the claim in another way.

8.15. The buyer is entitled to decide which of his rights in accordance with Art. § 622 and par. § 623 of the Civil Code applies and at the same time is obliged to immediately deliver information about its decision to the seller. Based on the decision of the buyer, which of his rights in accordance with Art. § 622 and par. § 623 of the Civil Code is applied by the seller or a designated person obliged to determine the method of handling the complaint according to the provisions of Art. § 2 letter m) of the Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, 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 the complaint. After determining the method of handling the complaint, the seller or the designated person will handle the complaint immediately, in justified cases, the complaint can be resolved later. However, the settlement of the complaint may not take longer than 30 days from the date of the complaint. After the expiration of the time limit for settling the complaint in vain, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods.

8.16. If the buyer has lodged a claim for the goods within the first 12 months from the conclusion of the purchase contract, the seller may settle the claim only on the basis of an expert opinion or opinion issued by an authorized, notified or accredited person or the opinion of a designated person (hereinafter "expert assessment of goods"). Irrespective of the result of the professional assessment, the seller may not 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.

8.17. If the buyer has made a product complaint 12 months after the conclusion of the purchase contract and the seller has rejected it, the person who handled the complaint is obliged to state in the complaint 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 document on the handling of the complaint, the costs of expert assessment of the goods, as well as all other related purposefully incurred costs shall be borne by the seller, regardless of the result of expert assessment. If the buyer proves by professional assessment the responsibility of the seller for the claimed defect of the goods, he can file a complaint again; the warranty period does not expire during the professional assessment of the goods. The seller is obliged to reimburse the buyer within 14 days from the date of the re-filed complaint all costs incurred for the professional assessment of the goods, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.

8.18. The buyer has no right to exercise the right of liability for defects of which he was notified by the seller at the time of concluding the contract, or which, taking into account the circumstances under which the purchase contract was concluded, he must have known.

8.19. The seller reserves the right to replace defective goods with other perfect goods with the same or better technical parameters, if this does not cause serious difficulties for the buyer.

8.20. The seller is not responsible for defects in the goods: (a) in the case of an obvious defect which the buyer was able to detect by inspecting the consignment on delivery of the goods and which he did not notify the seller's representative in accordance with point 5.8. these complaint and business conditions, b) if the buyer has not exercised his right concerning the seller's liability for defect in the goods by the end of the warranty period of the goods, c) if the defect of the goods is mechanical damage to the goods caused by the buyer, d) if the defect of the goods was caused by the use of the goods in conditions that do not correspond with their intensity, humidity, chemical and mechanical influences to the natural environment of the goods, e) if the defect of the goods was caused by improper handling, handling or neglect of care of the goods, f) if the defect of the goods was caused by damage to the goods by excessive loading or use in violation of the conditions specified in the documentation or the general principles of normal use of the goods, g) if the defect of the goods was caused by damage to the goods by unavoidable and / or unforeseeable events, h) if the defect of the goods was caused by damage to the goods by accidental destruction and accidental deterioration, i) if the defect of the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other intervention of force majeure, j) if the defect of the goods was caused by an interference with the goods by an unauthorized person.

8.21. It is the seller's obligation to settle the complaint and terminate the complaint procedure in one of the following ways: a) exchange of goods, b) return of the purchase price of the goods, c) by handing over the repaired goods, d) payment of a reasonable discount on the price of the goods, e) a written invitation to take over the performance specified by the seller, f) by reasoned rejection of the claim for the goods.

8.22. The seller is obliged to issue a written document to the buyer about the method of determining the handling of the complaint and the handling of the complaint no later than 30 days from the date of the complaint in person, through the provider of postal or courier or delivery service. The seller will inform the buyer about the result of handling the complaint immediately after the end of the complaint procedure by phone or e-mail and at the same time he will be together with the goods, resp. proof of complaint handling delivered via e-mail.

8.23. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for specific cases. Shipped sports nutrition products, food in gift baskets and animal feed have a minimum shelf life of more than 2 months before the expiration date, in case of a shorter expiration date, the seller contacts the buyer by phone or e-mail and the shipment is sent only with the buyer's consent.

8.24. In the case of warranty repair of goods, the warranty period is extended by the time during which the buyer could not use the goods.

8.25. In the case of exchange of goods for new goods, the warranty period begins to run again from the receipt of new goods, but only for new goods. In the case of an exchange of goods for a new one, the buyer will receive a document stating information about the exchange of goods, and any other complaints are applied on the basis of the purchase contract and this complaint document.

8.26. In case of a remediable defect, the complaint will be settled according to the decision of the buyer according to point 8.15. these complaint and business conditions as follows: (a) the seller replaces the defective goods; or b) the seller will ensure the elimination of the defect

8.27. In the case of a remediable defect and the buyer shall not immediately determine in accordance with point 8.15. of these complaint and business conditions, how the complaint should be handled, the seller will handle the complaint by eliminating the defect.

8.28. In the case of a defect that cannot be remedied, or a single repetitive remediable defect, or a number of different remediable defects that prevent the goods from being properly used as a defect, the seller will, depending on the buyer's decision under 8.15. these complaint and business conditions, the complaint is as follows: (a) by exchanging goods for other functional goods of the same or better technical performance; or b) in the event that the seller is unable to exchange the goods for another, he will settle the complaint by refunding the purchase price for the goods.

8.29. In the case of an irreparable defect or a repeated defectable defect, or in the case of a number of different remediable defects which prevent the proper use of the goods than without defect and the buyer shall not immediately determine in accordance with point 8.15. of these complaint and business conditions, how the complaint should be handled, the seller will handle the complaint by exchanging the goods for other functional goods of the same or better technical parameters.

8.30. Complaint handling applies only to defects listed in the Notice on the application of the complaint and in the confirmation of the application of the complaint of goods according to point 8.14. these complaint and business conditions. 8.31. For the purposes of a complaint, the occurrence of one remediable defect more than twice is considered to be a recurring remediable defect several times.

8.32. For the purposes of a complaint, the occurrence of more than three different remediable defects at the same time is considered to be a larger number of different remediable defects.

8.33. The right of the buyer to file a claim for a defect in the goods is after he has exercised his right and asked the seller to remove the defect in the goods according to point 8.1. of these complaint and business conditions consumed and regardless of the result of the complaint, he is no longer entitled to file a complaint repeatedly for the same unique defect (not a defect of the same type).

8.34. The provisions of Art. 8 of these complaint and business conditions do not explicitly apply to entities that do not meet the definition of consumer set out in Art. § 2 letter a) of Act 102/2014.

 

9. Personal data and their protection

9.1. The contracting parties have agreed that the buyer, if he is a natural person, is obliged to notify the seller in the order of his name and surname, address of permanent residence, including postal code, telephone number and e-mail address.

9.2. The contracting parties have agreed that the buyer, if he is a legal entity, is obliged to notify the seller in the order of his business name, registered office address, including postal code, ID number, telephone number and e-mail address.

9.3. The buyer can check and change the provided personal data at any time, as well as cancel his registration after logging in to the e-commerce website in the My Profile section.

9.4. The seller hereby notifies the buyer that the meaning of Act no. 18/2018 Coll. on Personal Data Protection and on Amendments to Certain Acts as Amended (hereinafter referred to as “ZnOOÚ”) the seller as an operator will process the buyer's personal data in the process of concluding the purchase contract without his consent as the data subject, as the buyer's personal data will be pre-contractual relations with the buyer and the processing of personal data of the buyer is necessary for the performance of the purchase contract, in which the buyer acts as one of the parties.

9.5. By sending the appropriate box before sending the order, the buyer can express his consent in accordance with ZnOOÚ for the seller to process and store his personal data, especially those listed above and / or necessary in the seller's activities to send information about new products, discounts and shares on the offered goods and processed them in all its information systems concerning the sending of information about new products, discounts and promotions on the offered goods.

9.6. The Seller undertakes to handle and dispose of the Buyer's personal data in accordance with the valid legal regulations of the Slovak Republic.

9.7. The Seller declares that in accordance with ZnOOÚ he will collect personal data exclusively for the purpose stated in these business and complaint conditions.

9.8. The Seller declares that in accordance with the ZnOOÚ it will collect personal data for purposes other than those specified in these terms and conditions and ensure that the personal data is processed and used exclusively in a manner corresponding to the purpose for which they were collected and that it will not be associated with personal data obtained for other purposes. 9.9. The buyer gives the seller consent according to point 9.5. these complaint and business conditions for a definite period until the purpose of processing the personal data of the buyer is fulfilled. After fulfilling the purpose of processing, the seller will immediately ensure the liquidation of the buyer's personal data. The buyer may revoke the consent to the processing of personal data at any time in writing. The consent expires within 1 month from the delivery of the revocation of consent by the buyer to the seller.

9.10. Prior to sending the order, the buyer will be asked to confirm by checking the box before sending the order that the seller has notified him in a sufficient, comprehensible and irreplaceable manner: (a) their identification data, which are referred to in Article 1. these business and complaint conditions, b) identification data of a third party, which is a company that delivers the ordered goods to the buyer so that these data are stated in the acceptance, c) the purpose of processing personal data, which is the conclusion of a purchase contract between the seller and the buyer, d) that it will process the personal data of the buyer in the range of name and surname, address of permanent residence including postal code, telephone number and e-mail address if the buyer is a natural person and in the range of business name, registered office address including postal code, ID number, telephone number and e-mail address if the buyer is a legal entity, e) that the buyer is obliged to provide the required personal data,

9.11. The Seller declares that it will process personal data in accordance with good morals and will act in a manner that does not contradict ZnOOÚ or other generally binding legal regulations, nor will it circumvent them. The Seller declares that it will not enforce or condition the consent of the person concerned by threatening to reject the contractual relationship, service, goods or obligation imposed on the Seller.

9.12. The buyer has the right to request the seller upon written request a) confirmation of whether or not personal data about his person are processed, b) the purpose of the processing of personal data, (c) in a generally comprehensible form, information on the processing of his personal data in the information system and on its status to the extent of: (i) the identity of the seller and of the seller's representative, if any, (ii) the identity of the intermediary; this does not apply if the seller does not proceed in accordance with § 34 ZnOOÚ when obtaining personal data, d) in a generally comprehensible form, precise information on the source from which he obtained his personal data for processing, e) a copy of his personal data which are the subject of processing in a generally comprehensible form, (f) additional information which, having regard to all the circumstances and conditions of the processing of personal data, is necessary for the buyer to guarantee his rights and legally protected interests, in particular (i) instructions on voluntariness or the obligation to provide the personal data requested; if the seller obtains the buyer's personal data on the basis of the buyer's consent under the ZnOOÚ, he shall also notify the time of validity of the consent, and if the buyer's obligation to provide personal data arises from a directly enforceable legally binding act of the European Union, international agreement by which the Slovak Republic is bound, or the notify the buyer of the legal basis imposing this obligation on him and inform him of the consequences of refusing to provide personal data, (ii) information about third parties, if personal data are expected or obviously provided to them, (iii) the range of recipients, if it is anticipated or obvious that personal data will be made available to them, (iv) the form of disclosure, if personal data are to be disclosed, (v) third countries, where the transfer of personal data to those countries is envisaged or is likely to take place, g) correction of his incorrect, incomplete or out-of-date personal data which are the subject of processing, (h) the destruction of his personal data if the purpose of their processing has been fulfilled; if official documents containing personal data are processed, it may request their return, i) liquidation of his personal data, which are the subject of processing, if there has been a violation of the ZnOOÚ or another valid legal regulation of the Slovak Republic.

9.13. On the basis of a free written request, the buyer has the right to object to the seller against: a) the processing of his personal data which he assumes are or will be processed for the purposes of direct marketing without his consent and request their destruction, b) the use of personal data referred to in § 31 for the purposes of direct marketing in the postal system, or c) the provision of personal data referred to in § 31 for the purposes of direct marketing.

9.14. On the basis of a free written request, the buyer has the right to object to the processing of personal data in cases pursuant to § 31 of the ZnOOÚ by stating justified reasons or submitting evidence of unauthorized interference with its data. the rights and legally protected interests which are or may be harmed in a particular case by such processing of personal data; if this is not prevented by legal reasons and it is proven that the buyer's objection is justified, the seller is obliged to block and destroy the personal data, the processing of which the buyer objected to, without undue delay as soon as circumstances allow.

9.15. Upon written request or in person, if the matter cannot be postponed, the buyer has the right to object to the seller at any time and not to submit to the seller's decision, which would have legal effects or significant impact, if such a decision is issued solely on the basis of automated processing of his personal data. The buyer has the right to request the seller to review the issued decision by a method different from the automated form of processing, while the seller is obliged to comply with the buyer's request, so that the decisive role in reviewing the decision will play an authorized person; the seller informs the buyer about the method of examination and the result of the finding within the period according to par. 9.18. of these Business Conditions. The buyer does not have this right only if provided by a special law, which provides for measures to safeguard the legitimate interests of the buyer, or if within the pre-contractual relationship or during the existence of contractual relations, the seller issued a decision to comply with the contract has taken other appropriate measures to safeguard the legitimate interests of the buyer.

9.16. If the buyer exercises his right in writing and it follows from the content of his application that he exercises his right, the application shall be deemed to have been filed pursuant to this Act; the buyer shall deliver the request submitted by e-mail or fax in writing no later than three days from the date of its sending.

9.17. If the buyer suspects that his personal data are being processed unjustifiably, he may submit a notification to the Office for Personal Data Protection. If the buyer does not have full legal capacity, his rights can be exercised by a legal representative.

9.18. The seller is obliged to process the buyer's request in accordance with this Art. of these business and complaint conditions, resp. comply with the requirements of the buyer according to ZnOOÚ and inform him in writing no later than 30 days from the receipt of the request or request.

9.19. Restriction of the rights of the buyer according to ZnOOÚ, the seller shall immediately notify the person concerned in writing and the Office of personal data protection.

9.20. The Seller informs the Buyer that in accordance with the ZnOOÚ during the processing of the Buyer's personal data, it is assumed that the Buyer's personal data will be provided and made available to the following third parties, resp. circle of recipients: Švihaj Šuhaj, DPD, Slovenská Pošta.

 

10. Withdrawal from the purchase contract

 

10.1. If the seller is unable to fulfill his obligations under the purchase contract, due to the sale of stock, unavailability of goods or if the manufacturer, importer or supplier of goods agreed in the purchase contract has discontinued production or made major changes that prevented the fulfillment of the seller's obligations resulting from the purchase contract or for reasons of force majeure or if, even with all efforts that can be reasonably required of him, is unable to deliver the goods to the customer within the period specified in these terms and conditions or at the price specified in the order, the seller is obliged to immediately inform the buyer and at the same time is obliged to offer the buyer a substitute performance or the possibility for the buyer to withdraw from the purchase contract (cancel the order). In the event that the buyer withdraws from the purchase contract for the reasons stated in this point of these complaint and business conditions, the seller is obliged to return to the buyer the advance payment for the goods agreed in the purchase contract within 14 days of notification of withdrawal by transfer to the account designated by the buyer.

10.2. The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with Art. § 7 et seq. Act no. 102/2014 Coll. on consumer protection in distance selling (hereinafter referred to as the “Act on consumer protection in distance selling”) within 14 days of receipt of the goods, resp. from the date of concluding the contract for the provision of the service or the contract for the provision of electronic content not delivered on a tangible medium, if the seller has fulfilled the information obligations pursuant to Art. § 3 of the Act on Consumer Protection in Distance Selling.

10.3. Within this period, the buyer has the right to unpack and test the goods in a manner similar to the usual purchase in a classic "stone" shop, to the extent necessary to determine the nature, properties and functionality of the goods.

10.4. The beginning of the period for withdrawal from the contract is set on the day on which the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods or if a) delivers goods consisting of several parts or pieces, from the day of taking over the last part or the last piece, b) the goods ordered by the buyer in one order are delivered separately, from the day of taking over the goods that were delivered last, (c) under contract, supplies the goods repeatedly during a specified period, from the date of taking over the first goods delivered.

10.5. The buyer may withdraw from the purchase contract, the subject of which is the purchase of goods even before the start of the period for withdrawal from the contract.

10.6. Withdrawal from the contract requires a written form, in a way that does not raise doubts that the withdrawal from the contract was made in error or in the form of a record on another durable medium, or using the form that forms Annex no. 1 of these business and complaint conditions. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the seller no later than the last day of the period under Art. § 7 par. 1 of the Act on Consumer Protection in Distance Selling.

10.7. Withdrawal from the purchase contract according to the passing point of these business and complaint conditions must contain the information required in the form of withdrawal from the purchase contract, which forms Annex no. 1 of these business and complaint conditions, in particular the identification of the buyer, the number and date of the order, the exact specification of the goods, the manner in which the seller is to return the performance already received, in particular the account number and / or postal address of the buyer.

10.8. In the event of withdrawal from the purchase contract by the buyer, any additional contract related to the purchase contract from which the buyer has withdrawn is also canceled. It is not possible to demand from the buyer any costs or other payments related to the cancellation of the supplementary contract, except for the payment of costs and payments referred to in Art. § 9 par. 3, par. § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Prices for a Service, if the subject of the contract is the provision of a service and the full provision of the service has taken place.

10.9. Within 14 days from the date of withdrawal from the purchase contract, the buyer is obliged without undue delay to send the goods back to the address of the operator's registered office or hand it over to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller has proposed to pick up the goods in person or through a person authorized by him. The time limit according to the first sentence of this point of these terms and conditions of business and complaint is considered to be observed if the goods were handed over for transport no later than on the last day of the time limit.

10.10. The buyer is obliged to deliver to the seller the complete goods, including complete documentation, undamaged, preferably in the original packaging and unused.

10.11. Cash on delivery will not be accepted by the seller. It is recommended to insure the goods. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the buyer to return to the buyer all payments received from him under the purchase contract or in connection with it, including shipping, delivery and postage and other costs and fees. . The seller is not obliged to return the payments to the buyer under this point of these terms and conditions before delivery of the goods or until the buyer proves the return of the goods to the seller, unless the seller suggests that he pick up the goods in person or through a person authorized by him.

10.12. The cost of returning the goods to the seller is borne by the buyer. The goods are returned directly to the seller or to a person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear these costs himself or if he has not fulfilled the obligation under § 3 para. 1 letter i) of the Act on Consumer Protection in Distance Selling.

10.13. The buyer is only responsible for the reduction in the value of the goods, which arose as a result of such handling of the goods, which is beyond the scope of treatment necessary to determine the properties and functionality of the goods. The consumer is not responsible for the reduction in the value of the goods if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract under § 3 para. 1 letter h) of the Act on Consumer Protection in Distance Selling.

10.14. The seller is obliged to return the purchase price for the goods to the buyer in the same way as the buyer used in his payment, unless the buyer agrees on another method of refund without additional payment to the buyer in this regard.

10.15. In the event that the buyer withdraws from the contract and delivers to the seller goods that are used, damaged or incomplete, the buyer undertakes to pay the seller:

a) the value by which the value of the goods has been reduced within the meaning of paragraph § 457 of the Civil Code in the actual amount

b) costs incurred by the seller in connection with the repair of the goods and their restoration to the original condition calculated according to the price list for post-warranty service of the goods. Pursuant to this point of the complaint and business conditions, the buyer is obliged to pay the seller compensation to the seller at most in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.

10.16. In accordance with para. § 7 par. 6 of the Act on Consumer Protection in Distance Selling, the buyer may not withdraw from the contract, the subject of which are:  the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for a single consumer,  the sale of goods enclosed in a protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery,  the sale of sound recordings, video recordings, sound recordings, books or computer software sold in protective packaging, if the consumer has unpacked that packaging,  the provision of electronic content other than on a tangible medium, if its provision began with the express consent of the consumer and the consumer has stated that he has been duly informed that by expressing that consent he loses the right to withdraw from the contract.  sale of goods which have been assembled, assembled or used in such a way after the conclusion of the contract and the takeover of the goods from the seller to the buyer in such a way that their restoration by the seller is not possible without increased effort and increased costs, e.g. folded or assembled furniture, etc.

10.17. The provisions of Art. 10 of these business and complaint conditions do not explicitly apply to entities that do not meet the definition of consumer set out in Art. § 2 letter a) of the Act.

 

11. Final provisions

 

11.1. In the case of concluding a purchase contract in writing, any change must be in writing

11.2. The contracting parties have agreed that communication between them will take place in the form of e-mail messages.

11.3. The relevant provisions of the Civil Code, the Act, Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll. as amended and Act no. 102/2014 Coll. on consumer protection in distance selling.

11.4. These business and complaint conditions take effect against the buyer by concluding a purchase contract. 11.5. Before sending the order, the buyer will be asked to confirm by checking the box that he has read these business and complaint conditions, read them, understand their content and fully agrees with them.

 

12. Alternative dispute resolution

 

12.1. The buyer has the right to ask the seller for redress, if he feels that the seller has violated his rights or has not settled the complaint so that he is also satisfied. If the seller does not respond to the request or responds to it in 30 days, the consumer may file a proposal to initiate an alternative dispute resolution of the subject of alternative dispute resolution (hereinafter referred to as the ADR entity) pursuant to Act 391/2015 Coll. According to §3 of Act 391/2015 Coll. ADR entities are bodies and authorized legal entities. The consumer may submit the proposal in the manner specified pursuant to §12 of Act 391/2015 Coll. The application can also be submitted online via the RSO ADR platform.

 

Alternative dispute resolution is reserved exclusively for consumers of natural persons, not for purchasing entrepreneurs. The dispute is settled between the consumer and the seller, who have concluded a distance contract and whose dispute has a value of more than 20 EUR. The maximum fee that ARS can charge is 5 EUR from the buyer, to cover the costs.

 

WARNING: These general business conditions were prepared for the company Ilona Magdalena Lisá Witkowska, ID: 51745879, Vajanského nábrežie 59/17, 81102 Bratislava-Staré Mesto, Krši sro, Hviezdoslavova 275/27, Žiar nad Hronom 965 01, ID: 50 532 464, which reserves the copyright to this work. Any use of this work or part thereof (reproduction, copying, scanning or other distribution of texts, tables and other parts of this work) by mechanical or electronic means without the prior written permission of Krši s.r.o. for such use is strictly prohibited.