Terms & Conditions
1. General provisions
The following business and advertising conditions govern the rights and obligations of the contract parties which arise from the purchase agreement made between the seller: Viktória Maľová, ID: 51227819, Brezová 5095/9, 97405 Banská Bystrica (further referred as "the seller") and the buyer. The subject of this agreement is the purchase and sale of goods on the seller's e-shop website.
Contact details of the seller:
Viktória Maľová, Identification number: 51227819, Brezová 5095/9, 97405 Banská Bystrica
Shop: Brezová 5095/9, 97405 Banská Bystrica
Phone no: +421 911 674083
Slovenská obchodná inšpekcia (SOI)
SOI pre Banskobystrický kraj
Dolná 46, 974 00 Banská Bystrica 1
tel. no. 048/412 49 69, 048/415 18 71, 048/415 18 73
fax no. 048/412 46 93
1.1. These business and claim terms in the wording applicable on the date of the purchase agreement are an integral part of the purchase contract. In the event of a written contract purchase contract in which the terms of the contract are different from these business and claim conditions, the provisions of the purchase contract will be prior to these trade and claims terms. Newly agreed business terms and conditions may not conflict with other legal regulations (shortening the repayment period, warranty period, etc.)
1.2. For the purposes of these business and claim terms, an ancillary contract means a contract whereby the buyer acquires the goods or is provided with a service related to the subject of the purchase contract in question, provided the goods or service provided is the seller or a third person under their agreement.
1.3. The displayed purchase price for the goods on any e-shop website operated by the seller also includes value added tax in the specified amount according to the valid legal regulations of the Slovak Republic. It does not include the price for the carriage of goods or other optional services. All trading and other shares are payable until stocks are sold out, unless otherwise stated.
1.4. The seller may at any time change the sales price of the goods, that is on the e-shop website in the seller's business. This kind of a change does not apply to purchase contracts made before the price change, notwithstanding the fact, that the goods have not been delivered yet.
2. Method of concluding a purchase contract
2.1. The purchase contract is concluded on the basis of a proposal sent by the buyer to the seller in the form of a filled and sent form via the seller's website to whom he has sent a proposal for its conclusion. The subject of the contract is the transfer of the right of ownership to the goods identified by the buyer at the purchase price and under the conditions stated in this order (furtherr referred to as "the order").
2.2. After an order has been sent, the message will be automatically sent to the email address of the seller's e-mail address (further referred as "order receipt confirmation"). If necessary, it is possible that to send any additional information regarding its order to the buyer's email address.
2.3. The order confirmation includes information that the seller has received an order but is not accepting an offer to enter into a purchase contract.
2.4. Right after the information will be sent to the buyer's email address, which includes a notification if whether the buyer's order has been accepted ("order acceptance"). The content of the order acceptance is the name and specification of the goods whose sale is the subject of the purchase contract, the price of the goods and / or other services, the indication of the likely delivery time of the goods, the name and location of the goods to be delivered and the conditions, the price and the date of delivery of the goods to the agreed place of delivery for the buyer, further details of the seller such as business name, registered office, IČO number et cetera. The notification may also include other necessary information.
2.5. Conclusion of the purchase contract is the delivery of the acceptance of the order in electronic or written form.
2.6. The seller has informed before the sending the goods to the buyer in a clear, obvious, understadable and irredeemable way about pre-contract information regarding claim, payment, merchant, transfer and other conditions by:
to inform about the main characterricstics of the goods or characterictis of the services within appropriate used wayof communicaton and of the good or service on the relevant seller's e-shop website,
informed the seller's business name and registered office at the seller's e-shop sub-page in article no. 1 of these business and claim terms, which are placed on the seller's e-shop sub-page,
to inform at the seller's e-shop subpage about telephone number and any other details, which are important for contact between the seller and the buyer, mainly the address of seller's mail in electronic way and number of fax in article no. 1 of these business and claim terms, which are
the seller's phone number and other data that is important for the buyer's contact with the seller, in particular the address of seller's e-mail and the fax number, if he has informed them at the seller's e-shop subpage in article no. 1 of these business and claim terms, which are placed on the seller's e-shop subpage,
the address of the seller, where the buyer can claim goods or services, file a complaint or another suggestion in article no. 1 of these business and claim terms, which are placed on the seller's e-shop subpage,
the total price of the goods or service, including value added tax and all other taxes, or if, due to the nature of the goods or service, the price can not reasonably be determined in advance, the manner in which it is calculated as well as the cost of transport, delivery, postage and other costs; fees, or if such costs and charges can not be determined in advance by the fact that the buyer will be obliged to pay them on the relevant e-shop catalog of the seller,
the payment terms, the delivery terms, the time limit for the seller to deliver the goods or provide the service, information about the procedures for applying and handling claims, complaints and suggestions of the buyer in the relevant articles of these trade and claims conditions, e-shop subpage of the seller,
informed the buyer of the buyer's right to withdraw from the purchase contract, the terms and conditions, the time limit and the procedure for exercising the right to withdraw from the contract in article no. 10 of these business and claim terms, which are placed on the seller's e-shop subpage,
to provide a withdrawal form from the purchase contract in article no. 10 and in the appendix of these business and claim terms, which are placed on the seller's e-shop subpage; the seller also provided the withdrawal form itself in the appendix of these business and claim terms, which are placed on the relevant e-shop subpage of the seller
an information if the buyer withdraws from the purchase contract, buyer will tolerate the costs associated with the return of the goods to the seller under § 10 par. 3 of Act no. 102/2014 Z.z. of the protection of the consumer in the sale of goods or the provision of services under a distance or off-premises contract of a seller and amending certain laws (further referred as the "Consumer Protection Act for the Sale at a Distance"), and if he withdraws from the contract of sale and the cost of returning the goods, which by virtue of its nature can not be returned via mail informed in article 10 of these business and claim terms, which are placed on the seller's e-shop subpage,
the buyer's obligation to pay to the seller the price for the actually provided service under §10 par. 5 of the Law of Consumer Protection Act when the buyer withdraws from the service agreement after having given the seller explicit consent under section §4 par. 6 of the Consumer Protection Act in the case of distance selling informed in article 10 of these business and claim terms, which are placed on the seller's e-shop subpage,
the circumstances in which the buyer loses the right to withdraw from the contract informed in article no. 10 of these business and claim terms, which are placed on the seller's e-shop subpage,
instructions about seller's liability for defects in goods or services under § 622 and 623 of the Civil Code informed in article no. 8 of these business and claim terms, which are placed on the seller's e-shop subpage,
about the existence of the details of the warranty provided by the manufacturer or seller under more stricter principles in the § 502 of the Civil Code, if it is provided by the producer or seller, as well as information on the existence and conditions of assistance and services provided to the buyer after the sale of the goods or the provision of the service, if such assistance is provided on the relevant e-shop catalog of the seller and in article no. 9 of these business and claim terms that are placed on the seller's e-shop subpage,
about the existence of relevant codes of conduct that the seller has committed to respect and the way in which purchasers can get to know themselves with, or obtain the wording of, the seller's e-shop catalog,
about 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 it is automatically renewed, it also informed the seller of the terms of termination of the contract on the relevant e-shop catalog of the seller and in these trade and return conditions, which are placed on the relevant electronic seller's business,
about the minimum duration of the buyer's obligations under a purchase contract if the buyer's purchase contract indicates such a commitment on the relevant e-shop catalog of the seller and under these trade and return conditions, which are placed on the relevant e-shop subpage of the seller,
about the buyer's obligation to pay in advance or to provide a different financial guarantee at the seller's request and on the terms and conditions applicable to the seller if the buyer has such a commitment to inform the seller on the relevant e-shop catalog of the seller in these trade and return conditions placed on the seller's e-shop subpage,
about the functionality including applicable technical safeguards to secure electronic content, as appropriate informed on the relevant e-shop catalog of the seller and in these business and advertising terms and conditions, which are placed on the relevant e-shop subpage of the seller,
about the compatibility of electronic content with the hardware and software that the seller knows or can expect to know how to work with them, if applicable, on the seller's e-shop catalog and in these trade and return terms, which are located on the relevant e- seller's business,
about the option and terms of dispute through the non-judicial way through an ADR system if the seller has committed to use this system on the relevant e-shop catalog of the seller and in these business and claims conditions located on the relevant e-shop subpage of the seller,
about the necessary actions to conclude the purchase contract by describing these necessary actions and in these business and claims conditions, which are placed on the respective e-shop subpage of the seller,
about that the purchase contract is stored electronically at the seller's registry and is available to the buyer after the buyer has requested in writing form on the relevant e-shop catalog of the seller and in these trade and return conditions that are placed on the relevant e-shop subpage seller,
about that the language offered for the conclusion of the contract is the Slovak language on the relevant e-shop catalog of the seller and in these trade and complaints conditions which are placed on the respective e-shop subpage of the seller.
2.7. If the seller has not fulfilled his obligation to provide information under 2.6. (e) of these business and complaint terms, buyer is not obliged to pay these additional costs or fees.
3. Seller's rights and obligations
3.1. Seller is obligated:
a) in case of the order confirmation in the acceptance form, the seller is obliged to deliver goods to the buyer in agreed quantity, time, quality and to pack it and ensure transportation in the way that is necessary for its preservation and protection,
b) to ensure that the delivered goods comply with the applicable Slovak legislation,
c) to send a confirmation of a purchase contract on a durable medium, for example by e-mail. The confirmation is required to be sent without delay and must contain all the information that are given in 2.6., including the withdrawal from the purchase contract.
d) at the latest with the goods, submit to the buyer in electronic or written form all the necessary documents for taking over the goods and for using the purchased goods, as well as other documents, that are prescribed by valid legal regulations of the Slovak Republic, for example as the guide in Slovak language, the delivery note, warranty card and tax document.
3.2. The seller has the right to a proper and payment on time of the purchase price from the buyer for the delivered goods.
3.3. In case of unavailability of the goods or sold out goods, the seller is not able to deliver the goods to the buyer within the term stipulated in the purchase contract determined by these trade and claims terms or for the agreed purchase price, it is the seller's obligation to offer the buyer a other solution or the possibility to declare off the buyer (cancellation of the order). Withdrawal from the purchase contract or cancellation of the order is possible by sending an e-mail to the buyer. In the event of payment of the purchase price to the buyer or part thereof, it is the seller's obligation to repay the already paid purchase price or part thereof within 14 days from the date of delivery of the e-mail of withdrawal from the purchase contract or cancellation of the order to the buyer on a designated account, unless the parties agree otherwise. If the buyer is not accepted by the buyer and is not offered by the seller or withdraws from the purchase contract, the seller is entitled to withdraw from the purchase contract. In the event of payment of the purchase price to the purchaser or part thereof, the seller is obliged to return the purchase price already paid or part thereof within 14 days from the date of delivery of the withdrawal from the purchase contract to the buyer.
4. Buyer's rights and obligations
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: Buyer has the right of the deliver the goods in quantity, quality, time and place agreed with the contract parties.
4.3. Buyer's obligations:
a) to pay the agreed purchase price to the seller within the agreed time, including the cost of delivery of the ordered goods,
b) take over of goods that have been ordered and delivered
c) in the delivery note with the signature by the buyer or by the person authorized to do so, confirm the take over of goods
5. Shipping and payment conditions
5.1. For each item on the e-shop website, the availability of the goods is also stated with the expiry date.
5.2. T he seller is obliged to deliver the thing to the buyer without delay, no later than 30 days from the date of the purchase contract, unless otherwise agreed in the purchase contract. If the seller fails to fulfill with this obligation, the buyer may ask him to supply a thing within a specified reasonable time limit. If the item is not delivered within this additional reasonable period, the buyer is able to withdraw from the contract.
5.3. The seller is able to summon the buyer to take over the goods even before the date of expiry of the delivery period stipulated in the purchase contract.
5.4. Viewing merchandise on any e-shop website operated by the seller is not just illustrative. The dimensions, weight and other details of the goods contained in the seller's catalogs, prospectuses and other documents placed on the seller's e-shop website are given from the manufacturer and may differ from + -1% of the given value.
5.5. It is the buyer's obligation to take over the goods at the agreed place, according to the purchase contract or in some other way before the delivery of the goods (further referred as the "place"). The buyer is obliged to take over the goods within the time limit in which the seller or his representative is responsible for delivering the goods and the buyer agreed in the purchase contract or in some other way prior to the delivery of the goods (further reffered as "time range").
5.6. If the seller delivers the goods to the purchaser in place and in time, it is the buyer's duty to take over the goods personally or to arrange for the goods to be taken over by the person authorized by the buyer. The buyer is required to sign a note of payment of the purchase price, delivery and delivery of the goods. The obligation of the third person empowered to take over the goods is to provide the seller with a copy of the order acceptance. Upon delivery of the goods to the buyer, the goods are deemed to have been delivered. Delivering goods to a buyer means delivering the goods to the buyer or a third person authorized by the buyer, and signing a purchase price and delivery and delivery order to the buyer or third person authorized by the buyer.
5.7. If it is necessary to repeat the delivery of the goods due to the absence of the buyer on the spot and in the time extent or if the buyer does not take the goods within 7 days after the mild expiration of the time period without prior written withdrawal from the purchase contract, the seller is entitled to claim the compensation at the actual costs of the damage for attempting to unsuccessfully deliver the goods to the place.
5.8. The buyer's obligation is to check the received consignment, the packaging of the goods and the goods immediately after delivery in the presence of the seller's representative, such as the courier. If the defect of the goods is found, it is the duty of the seller's agent to allow the buyer to make a record of the nature and extent of the defect of the goods, the seller's representative shall confirm the accuracy. With such a written record delivered to the seller, the buyer may refuse to take delivery of the defective goods or confirm the delivery of the defective goods and subsequently in article no. 8 of these business and claim conditions to claim a defect in the goods at the seller or the designated person. If the buyer refuses to take over the delivered goods with defects, all expeditiously incurred costs of returning the goods to the seller are borne by the seller.
5.9. In case that the seller fails to deliver the goods, the buyer is able to withdraw from the purchase contract in the time limit specified in point 5.2. of these business conditions and the seller is obliged to refund the buyer the already paid purchase price or its part within 14 days from the moment of delivery of the withdrawal from the purchase contract. Refunds will be transferred to a bank account specified by the buyer.
6. Purchase price
6.1. The purchase price of the goods that was agreed in the purchase contract between the buyer and the seller is stated in the order acceptance (further referred as the "purchase price"). If the purchase price stated in the order receipt exceeds the price for the identical goods included in the ecommerce offer at the time of sending the order to the buyer, the seller will deliver an electronic message to the buyer with information on the offer of the new purchase price at a different amount considered to be the seller's proposal to conclude a new purchase contract, which must be explicitly confirmed by the buyer by e-mail or in writing, so that a valid purchase contract can be concluded.
6.2. Buyer is obligated to pay the seller the purchase price, including the cost of goods delivery with cash or by credit card at the point of delivery of the goods or by wire transfer to the seller's account specified in the acceptance of the order or on the website of the seller at the time before the goods are taken over.
6.3. By payment of the purchase price by cashless transfer to the seller's account, it is considered as the payment day, when the entire purchase price was credited to the seller's account..
6.4. Buyer's obligation is to pay to the seller the purchase price for the agreed goods within the term of the purchase contract, but at the latest when taking over the goods.
6.5. The seller is authorized to deny the delivery of goods to the buyer if the buyer does not pay the seller the full purchase price until delivery of the goods to the place and the contract parties have not agreed to pay the purchase price for the goods in installments.
6.6. Assemblage, carry up the goods and related costs are not included in the purchase price, and the seller is not required to provide the service to the buyer.
7. Acquisition of ownership and the pass of danger and damage of the goods
7.1. The right to ownership of the goods is gained by the buyer only will full payment of the purchase price for the goods.
7.2. The moment of taking over the goods by the buyer or by a third person chosen by the buyer from the seller or his representative who is charged to deliver the goods, or when it is not done in time, then at the time when the seller allows the buyer to handle the goods and the buyer does not take over the goods, the risk of damage of the goods is passed on the buyer.
8. Claim policy (warranty, damage responsibility, claims)
8.1. The buyer has the right remove the defect for free, in a time and proper manner, as to the defect of the goods that can be removed. The seller's obligation is to remove the defect without undue delay.
8.2. Instead of removing the defect, the buyer may request the exchange of the goods or if the defect relates only to a certain part of the goods, the replacement of that part, provided in a way that the seller does not have inadequate costs in relation to the price of the goods or the seriousness of the defect.
8.3. Replace defective goods for non-defective goods the seller in case it does not cause serious difficulties to the buyer.
8.4. In the case of a defect of goods that can not be removed and which prevents the goods from being properly used as a thing without a defect, the buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The same rights apply to the buyer if it is a defect that can be remedied, but if the buyer can not properly use for repeating defects or for a large number of defects.
8.5. In the case of other unavoidable defects, the buyer is entitled for an appropriate discount on the price of the goods.
8.6. The seller instructed the buyer of his rights under the provisions of this Act. § 622 of the Civil Code (points 8.1 to 8.3 of these Commercial and Complaint Terms) and the rights resulting from § 623 of the Civil Code (paragraphs 8.4 to 8.5 of these Commercial and Complaint Terms) by placing them business and claim terms on the seller's relevant e-shop subpage and the buyer had the opportunity to read them before the order was sent.
8.7. Buyer is required to claim the claim with the seller or chosen person. The seller is responsible for defects in the goods in accordance with the valid legal regulations of the Slovak Republic. Information about the service points and chosen persons for the warranty and post-warranty service shall be provided by the seller to the buyer on the back of the warranty card or by the request by telephone or by e-mail.
8.8. Complaints handling is covered by the seller's valid complaint policy in article no. 8. Of these business and claim conditions. The buyer was properly informed of the Complaint Procedure and was informed of the terms and manner of claiming the goods, including the details of where the claim could be applied and the performance of warranty repairs in accordance with the § 18 par. 1 of Act no. 250/2007 Z. from. on Consumer Protection and on Amending the Act of the Slovak National Council no. 372/1990 Coll. (further referred as the "act") at the time before the conclusion of the purchase contract by placing such business and claim conditions on the relevant e-shop subpage of the seller and the buyer had the opportunity to read them before the order was sent.
8.9. Goods purchased by the buyer from the seller via e-shop on the seller's e-shop website are covered by the claim order.
8.10. If the goods show defects for which the manufacturer, supplier or seller is responsible, covered by the warranty and was purchased at the seller, the buyer has the right to claim liability for defects with the seller.
8.11. If the goods are defective, the buyer has the right to file a claim at the seller's shop in accordance with § 18 par. (2) of the Act by delivering the goods to the seller's shop and delivering to the seller an expression of the buyer's will to exercise his right under points 8.1. to 8.5. of these Business and Complaint Terms (hereinafter referred to as the "Claim Notice"), in the form of a completed claim form, which is placed on the seller's e-shop subpage. The seller recommends the goods to be insured when sending them. Shipments do not take delivery to the seller. The buyer is required in the claim notice to truthfully provide all the required information, in particular to accurately identify the type and extent of the defect of the goods; the buyer shall also indicate which of his rights under § 622 and 633 of the Civil Code apply. The buyer has the right to make a claim also to the person authorized by the manufacturer of the goods to perform warranty repairs (further referred as the "chosen person"). The list of chosen persons is included in the warranty card or is sent to the buyer at the request of the seller.
8.12. A complaint process related to the goods that can be delivered to the seller begins on the day that all the following conditions are completely fulfilled:
a) delivery of a notice of claim by the buyer to the seller
b) delivery of the goods claimed by the buyer to the vendor or to the designated person
c) delivery of access codes, passwords, etc. to the seller, if such data are necessary for the proper handling of the claim
8.13. If the claim is a product that can not be delivered to the seller objectively or which is firmly in place, the buyer is in addition to complying with the conditions under points 8.12 (a) and (c) of these Complaints and Conditions of Business is obliged to provide all necessary assistance to the seller or a third person designated by the seller to perform the inspection of the claimed goods. Complaint relating to goods that can not be delivered to the seller objectively or which is firmly embedded begins on the day the goods were examined under the first sentence. However, if the seller or a third person chosen by him, despite the necessary cooperation provided by the buyer, fails to arrange for the inspection to be carried out within a reasonable time, but no later than within 10 days of the delivery of the notice of claim to the seller, the complaint proceeding shall commence on the date of delivery of the notice of application to the seller.
8.14. The seller or chosen person issues to the buyer a receipt to claim the goods in the appropriate form chosen by the seller, in the form of a letter or a written form in which he is obliged to accurately identify the defects of the goods complained of and once again informs the consumer about his rights under Section 8.1. to 8.3. of these business and claims terms and conditions (Section 622 of the Civil Code) and the rights resulting from paragraph 8.4. to 8.5. of these business and claims conditions (Section 623 of the Civil Code). If a complaint is claimed by means of long distance communication, the seller is required to deliver the claim confirmation to the buyer immediately; if it is not possible to deliver the receipt immediately, it must be delivered without any delay, but at the latest with a proof of equipment; the claim confirmation does not have to be delivered if the buyer has the opportunity to prove the claim in another way.
8.15. The buyer is able to decide which of his rights, § 622 and ust. § 623 of the Civil Code applies and at the same time it is obliged to immediately inform the seller about his decision. On the basis of a buyer's decision, which of his rights in the § 622 and ust. § 623 of the Civil Code shall be applied by the seller or the designated person obliged to determine the method of furnishing the complaint according to art. § 2 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 evaluation of the condition of the goods is required within 30 days from the day of the claim. After determining the way the complaint is handled, the seller or designated person will reclaim the complaint immediately, in justified cases, the complaint can be reclaimed later. However, the claim may not be longer than 30 days from the date of the claim. After the expiration of the deadline for complaint handling, the consumer has the right to withdraw from the contract or has the right to exchange goods for new goods.
8.16. If the buyer claims the goods during the first 12 months from the conclusion of the purchase contract, the seller may dispose of the claim by refusing only on the basis of an expert's opinion or opinion issued by an authorized, notified or accredited person or opinion of the chosen person (further referred as "professional judgment"). Irrespective of the outcome of expert judgment, the seller may not require the buyer to cover the costs of professional judgment of the goods or other costs related to the professional assessment of the goods.
8.17. If the buyer claimed the product after 12 months from the conclusion of the purchase contract and the seller rejected it, the person who repaired the complaint is obliged to indicate in the proof of the claim equipment to whom the buyer can send the goods for expert judgment. If the buyer sends the goods for expert judgment to the chosen person stated in the claim equipment documentation, the costs of expert judgment of the goods as well as all other related expense incurred shall be borne by the seller irrespective of the outcome of the expert judgment. If the buyer, by professional judgment, demonstrates the seller's liability for the defective product defect, he may reapply the claim; the warranty period does not expire during the performance of the expert assessment. The seller is obliged to pay the buyer within 14 days from the day of the resubmitted claim all costs incurred for the expert evaluation of the goods as well as all the related expen- diture incurred. The reclaimed claim can not be denied.
8.18. The buyer does not have the right to claim liability for defects that the seller has been alerted to at the time of conclusion of the contract or which, in view of the circumstances under which the purchase contract was concluded, had to be aware.
8.19. The seller reserves the right to replace damaged goods for other impeccable goods with the same or better technical parameters unless the buyer causes serious difficulties.
8.20. The seller is not responsible for defects in goods:
• if there is an obvious damage that the buyer could have identified by checking the shipment on delivery of the goods and which he did not notify the seller to the seller's representative in accordance with point 5.8. of these Complaints and Trade Conditions,
• if the buyer has not exercised his right regarding seller's liability for damage of goods until the end of the warranty period,
• if the damaged goods are mechanically damaged by the buyer,<