Business conditions
- These general terms and conditions apply to contractual relationships that arise between the seller and the buyer in accordance with Act no. 40/1964 Coll. Civil Code as amended, pursuant to Act No. 250/2007 on consumer protection and pursuant to Act no. 102/2014 Coll. Act of March 25, 2014 on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws (as amended by No. 151/2014 Coll., 173/ 2015 Coll., 391/2015 Coll.).
- For contractual relationships (as well as other legal relationships that may result from the contractual relationship) with legal entities, or with natural persons - entrepreneurs (e.g. SZČO), the provisions of Act No. 513/1991 Coll. Commercial Code as amended (according to provisions 411-441 of the Commercial Code ).
The seller is a person who, when concluding and fulfilling a consumer contract, acts within the scope of his business activity or profession, or a person acting on his behalf or on his account.
Seller's specification: MR Trading s.r.o., Commercial Register of the District Court Bratislava I, section S.r.o., vl. no. 133457/B, ID: 52 100 120, VAT number: 2120906799 , registered office: Na Grunte 1, 831 52 Bratislava, SR, manager:
Email: info@greenware.sk
Phone: 0903 52 92 98
Contact address: Na Grunta 1, 831 52 Bratislava, SR
Supervisory authority : SOI Inspectorate for the Bratislava region, Prievozská 32, PO BOX 5, 820 07 Bratislava 27
In terms of these general terms and conditions, the seller is also:
- by the operator of the e-commerce system operated via the seller's website listed in the header (hereinafter also referred to as "e-shop").
- the operator of the information system / information systems in accordance with the provisions of the currently valid Personal Data Protection Act and amendments to certain laws.
- For the purposes of these general terms and conditions, it is stated that a buyer is any natural or legal person who filled out and sent an order through the seller's website, received (email) notification of order acceptance and paid the purchase price. A buyer is also any person who placed an order by phone or by sending an email and confirmed acceptance of the seller's price offer by email and also confirmed familiarity with these General Terms and Conditions.
- For the purposes of these general terms and conditions, it is stated that a consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. For the purposes of these terms and conditions, it is also stated that the consumer is a natural person - a non-entrepreneur . By amending Act no. 250/2007 Coll. on consumer protection, effective as of 01.05.2014, legal entities that purchase products or use services for personal use or for the needs of members of their household were excluded from the definition of consumer. A consumer is not a company customer , i.e. a customer who buys goods for a company (specifies ID number, VAT number or VAT number when ordering). Corporate customers are also not entitled to return goods without giving a reason or withdraw from the contract within 14 days. The relationship between such a customer and the seller is not governed by the Civil Code, but by the Commercial Code. Consumers are also not natural persons who purchase goods for the performance of their profession.
- For the purposes of these general terms and conditions, it is stated that the legislator defined a contract concluded at a distance as a contract between the seller and the consumer agreed and concluded exclusively through one or more means of long-distance communication without the simultaneous physical presence of the seller and the consumer, in particular by using a website, electronic mail, telephone , fax, address letter or offer catalog. The definition of the term distance contract also applies to situations where the consumer visits the seller's premises only for the purpose of obtaining information about the goods or service, and the subsequent negotiation and conclusion of the contract takes place remotely. A distance contract, on the other hand, is not considered a contract in which there was a personal interaction between the seller and the consumer and the negotiation of the contract took place in person, while the contract itself was concluded using the means of remote communication and without the simultaneous presence of both parties. In such a case, the consumer is not exposed to the described risks, therefore there is no reason for increased protection. Similarly, the term contract concluded at a distance should not include orders that the consumer makes through means of distance communication with the aim of only asking a professional to provide a service, as for example in the case of a consumer who orders a hairdresser by phone. The subject of such a phone call is usually only to agree on the date and time of the visit to the seller who will provide the service. In these cases, it is therefore necessary to consider the moment of conclusion of the contract as the moment when the contracting parties agree on the essential details, i.e. on the subject of the contract and the price for the provision of the service, which usually only happens when the consumer and the seller are physically present.
- For the purposes of these general terms and conditions, it is stated that a contract concluded outside the seller's premises is defined as a contract between the seller and the consumer:
- concluded during the simultaneous physical presence of the seller and the consumer in a place that is not the seller's premises,
- for the conclusion of which the proposal was given to the seller by the consumer at a place that is not the seller's premises,
- concluded at the seller's premises or by means of remote communication immediately after the seller has individually and personally addressed the consumer at a place that is not the seller's premises, or
- concluded during or in connection with a sales event.
- For the purposes of general business conditions, it is stated that a contract, the subject of which is the sale of goods, for the purposes of this Act, is any contract:
- on the basis of which the consumer acquires a thing for consideration, in particular a purchase contract and a work contract, or
- whose subject is the sale of goods and the provision of services.
- For the purposes of these general terms and conditions, it is stated that operating premises are defined as an establishment or other premises where the seller usually carries out his business activity or profession.
- For the purposes of these general terms and conditions, it is stated that if the contract concluded at a distance, on the basis of which the consumer is obliged to make monetary payments, is concluded by electronic means, the seller is obliged to inform the consumer explicitly, unambiguously and comprehensibly again immediately before sending the order:
- the main characteristics of the goods or the nature of the service to the extent appropriate to the used means of communication and the goods or service,
- of the total price of goods or services including all costs,
- the duration of the contract, if it is a contract concluded for a fixed period, and if it is a contract concluded for an indefinite period or if it is a contract whose validity is automatically extended, also the conditions for terminating the contract, and
- the minimum duration of the consumer's obligations arising from the contract, if the contract results in such an obligation for the consumer. This provision imposing a renewed information obligation on the seller is intended to ensure that the consumer thoroughly reads the essential information before completing his order and can thus make a deliberate decision about the purchase of the goods, or services.
- For the purposes of these general terms and conditions, it is stated that a supplementary contract is understood as a contract on the basis of which the consumer acquires goods or is provided with a service that is related to the subject of a contract concluded at a distance or a contract concluded outside the seller's premises, if the goods are delivered or the service provided by the seller or a third party on the basis of their agreement and when concluding it, it was possible to foresee, taking into account the purpose of the contract, that the consumer will not be interested in fulfilling the obligations from this contract after the termination of the distance contract or the contract concluded outside the seller's premises.
- For the purposes of these general terms and conditions, it is stated that a durable medium is defined as a means that allows the consumer and the seller to store and reproduce the information addressed to him in a form that is readable by the addressee of this information for as long as it is necessary for him from the point of view of protecting the interests arising from mutual relationship between the consumer and the seller. The definition should primarily include information carriers such as paper, USB sticks, CD-ROMs, DVDs, memory cards or computer hard drives, as well as e-mails. In situations where it is important to provide information or documents in a certain form due to legal certainty or due to the possible need to carry the burden of proof, the law in several places stipulates the obligation to provide them in paper form or on another durable medium. Compared to the general civil regulation of the form of legal acts (§ 40 of the Civil Code), the possibility of providing certain information or documents on a durable medium extends the range of available means to include modern and currently increasingly used methods, which equally well enable the achievement of the purpose of preserving and unaltered reproduction of important information both for the consumer and the seller. A website is not considered a durable medium.
- For the purposes of these general terms and conditions, electronic content is defined as data that is produced and provided in electronic form, such as computer programs, applications, games, music, videos or texts, regardless of whether they are obtained by download, by the method of streaming from a material carrier or in another way. Contracts for the provision of electronic content not supplied on a material medium are contracts whose subject is the provision of a certain service, on the other hand, if the electronic content is supplied on a material medium such as a CD or DVD, the electronic content recorded on this medium is considered goods within the meaning of this of the law.
- For the purposes of these general terms and conditions, it is stated that the order is understood by the buyer to be the completed and sent order form processed by the seller's store system. In the event that the buyer does not use the option of ordering via the order form in accordance with the previous sentence, a telephone order or an order sent by email, fax or mail to the seller's address is also considered an order. The order contains information about the customer and the ordered product or service. Based on the order, an invoice will be generated for the customer to pay the purchase price. In the event that the buyer does not use the option of ordering via the order form, but places the order by phone, or by sending an email, or by mail to the seller's address, the seller will send the buyer a price offer by email or in another way that they agree on.
- Sellers promote goods on the portal, including the price of the offered goods. The prices of goods offered through the portal are listed including value added tax and all other taxes (hereinafter referred to as "price"). If the buyer is interested in purchasing the offered goods through the portal, he fills in all the required data, selects the required quantity of goods when ordering the goods and chooses the seller from whom he will purchase the selected goods and then take them over (in person or through a transport company). The buyer submits the order by clicking the "Finish and pay" button. The order is a proposal for the conclusion of a contract for the delivery of goods by the seller, which is concluded between the buyer and the seller through the portal. By sending the order, the buyer also confirms that he has familiarized himself with the wording of these general terms and conditions, as well as with the wording of the general terms and conditions of the given seller. Further information regarding the contract concluded at a distance between the buyer and the seller is provided in the general terms and conditions of the individual sellers listed on the portal, with which the buyer is obliged to familiarize himself properly before sending the order. All possible restrictions on the delivery of goods are always listed in the offer of the relevant goods published on the portal.
- For the purposes of these general terms and conditions, it is stated that the seller, before concluding a contract concluded at a distance or a contract concluded outside the seller's premises, or if the contract is concluded on the basis of a consumer's order, before the consumer sends the order, clearly and comprehensibly informs the consumer:
- the main characteristics of the goods or the nature of the service to the extent appropriate to the used means of communication and the goods or service,
- business name and registered office or place of business of the seller or the person on whose behalf the seller acts,
- the seller's telephone number and other data that are important for the consumer's contact with the seller, in particular his e-mail address and fax number, if he has them,
- the address of the seller or the person on whose behalf the seller acts, at which the consumer can make a claim for goods or services, file a complaint or other initiative, if this address differs from the address specified in letter b),
- the total price of the goods or services, including value added tax and all other taxes, or if, due to the nature of the goods or services, the price cannot reasonably be determined in advance, the manner in which it is calculated, as well as the costs of transport, delivery, postage and other costs and charges, or , if such costs and charges cannot be determined in advance, the fact that such costs or charges may be included in the total price; if it is a contract concluded for an indefinite period or a subscription agreement, the seller informs the consumer about the total price for the billing period and, if this price cannot be determined in advance, about the way it is calculated,
- the price for the use of long-distance communication means that can be used for the purpose of concluding a contract, if it is a service number with an increased tariff,
- payment conditions, delivery conditions, the deadline by which the seller undertakes to deliver the goods or provide the service, information on the procedures for applying and processing claims, complaints and consumer suggestions,
- information about the consumer's right to withdraw from the contract, conditions, term and procedure for exercising the right to withdraw from the contract; the seller will also provide the consumer with a form for withdrawing from the contract according to Annex no. 3,
- information that if the consumer withdraws from the contract, he will bear the costs of returning the goods to the seller according to § 10 par. 3, and if he withdraws from the contract concluded at a distance, also the costs of returning the goods, which due to their nature cannot be returned by post,
- information on the possible obligation of the consumer to pay the seller the price for the actually provided performance according to § 10 par. 5, if the consumer withdraws from the service contract after having given the seller express consent according to § 4 par. 6,
- information that the consumer is not entitled to withdraw from the contract, or information about the circumstances under which the consumer loses the right to withdraw from the contract,
- instruction on the seller's responsibility for defects in goods or services according to general regulations,
- information on the existence and details of the warranty provided by the manufacturer or the seller according to stricter principles than the general regulation provides,20) if the manufacturer or seller provides it, as well as information on the existence and conditions of assistance and services provided to the consumer after the sale of the goods or the provision of the service, if such help is provided by
- information about the existence of relevant codes of conduct, which the seller has undertaken to comply with, and how the consumer can become familiar with them or obtain their wording,
- information about the duration of the contract, if it is a fixed-term contract; if it is a contract concluded for an indefinite period or if it is a contract whose validity is automatically extended, also information on the conditions for terminating the contract,
- information on the minimum duration of the consumer's obligations resulting from the contract, if the contract results in such an obligation for the consumer,
- information about the consumer's obligation to pay an advance payment or provide other financial security at the seller's request and about the conditions that apply to its provision, if the contract implies such an obligation for the consumer,
- functionality information, including applicable technical safeguards to secure electronic content, if applicable,
- information about the compatibility of the electronic content with hardware and software of which the seller knows or reasonably expects to know, if applicable,
- information about the possibility and conditions of dispute resolution through the alternative dispute resolution system; At the same time, the seller will provide a link on his website to the alternative dispute resolution platform, through which the consumer can submit a proposal to start an alternative dispute resolution.
- Pursuant to §4 of Act no. 102/2014, the seller is obliged to ensure that the consumer explicitly confirms that he is aware that part of the order is the obligation to pay the price. " The seller is obliged to ensure that the consumer explicitly confirms that he was aware that part of the order is the obligation to pay the price. If it is necessary to press a button or activate a similar function on the seller's website in order to send an order, this button or function must be marked in an easily readable way with the phrase "order with obligation to pay" or a corresponding unambiguous wording expressing the fact that placing the order includes the obligation to pay the price. . The seller, for the purposes of these general terms and conditions, hereby clearly informs that part of the order is the obligation to pay the price.
- The electronic order of products made in the form of a completed order form and the subsequent payment of the purchase price in terms of the generated invoice is a proposal for the conclusion of a purchase contract by the buyer. The proposal to conclude a purchase contract also includes the sending of a price offer made by the seller based on the buyer's telephone or email order. In the case of a telephone or email order, the buyer pays the purchase price based on a mutually agreed upon method (e.g. based on an invoice issued and delivered by the seller to the buyer by post or electronically). The contracting parties will also agree on the method and address to which the subject of the order will be sent to the buyer.
- A contract concluded at a distance is a consumer contract concluded between a business entity and a consumer, while the consumer has the opportunity to become familiar with the content of the contract, but does not have the opportunity to influence its content. The contract is concluded for a fixed period and expires upon fulfillment of the seller's and buyer's obligations. The seller informs the buyers that orders can be placed even without registration, which is not mandatory but voluntary.
- In accordance with § 40 par. 4 of the Civil Code, the written form is considered preserved even if the consumer's consent to the content of the contract is given, for example, by electronic means. However, the consumer's verbal consent expressed during a telephone call is not sufficient, even if the seller has an audio recording of the telephone call on which the consumer's consent to the conclusion of the contract is recorded, i.e. the purchase contract is concluded in this case by a written confirmation of the price offer by the buyer, also electronically form.
- The acceptance of the product order by the seller, and thus the conclusion of the purchase contract, takes place on the basis of a written confirmation of the conclusion of the purchase contract, in accordance with the Act on Consumer Protection in Distance Selling No. 102/2014 (specifically § 6):
- The seller is obliged to provide the consumer with a confirmation of the conclusion of the contract on a durable medium immediately after the conclusion of the contract concluded at a distance, at the latest together with the delivery of the goods. The confirmation must contain:
- all information listed in § 3 par. 1, if the seller did not provide this information to the consumer on a durable medium before the conclusion of the distance contract,
- confirmation of the express consent of the consumer and declaration according to § 4 par. 6 letters b) or par. 8 letters b), if they were provided.
- The seller is obliged, immediately after the conclusion of the contract concluded outside the seller's premises, to hand it over to the consumer in documentary form or, with the consumer's consent, in the form of a record on another durable medium
- execution of the concluded contract or confirmation of the conclusion of the contract,
- confirmation of the express consent of the consumer and declaration according to § 4 par. 6 letters b) or par. 8 letters b), if they were provided.
- In the event that the subject of the contract is the provision of services or electronic content other than on a physical medium, while the provision of services or electronic content is to begin before the expiration of the period for withdrawing from the contract, the seller is obliged to provide the consumer with a confirmation of the consumer's prior express consent to start provision before the expiration of the period for withdrawing from the contract and a declaration that the consumer has been informed of the consequences of granting this consent.
- In the case of a contract concluded outside the operating premises, the seller is obliged to hand over to the consumer a copy of the concluded contract or a written confirmation of the conclusion of the contract immediately after the conclusion of the contract, and in the case of the provision of services or electronic content before the expiration of the period for withdrawing from the contract, also a confirmation of receipt of prior consent the consumer and a declaration that the consumer has been informed of the consequences of granting this consent. With the consent of the consumer, these documents can be provided on another durable medium.
- The operator hereby also informs buyers that it does not condition the execution of an order through the portal by requiring consent to these general terms and conditions.
- The price of products (goods) or services ordered through the online store (hereinafter referred to as the "purchase price") is always generated specifically for each customer - buyer.
- In the case of an order via the online store, the purchase price and total costs are calculated in the order form and in the confirmation of the conclusion of the contract on a durable medium. If the order is placed by phone or electronically, the seller will send the price offer to the buyer in a mutually agreed upon manner (e.g. electronically or by post)
- At the same time, the seller informs the buyer that he does not guarantee the time validity of the purchase prices in the case of the same order in any period of time. For the avoidance of doubt, the purchase price generated in the case of a specific order does not change during the due date.
- The price of goods or services may change due to an obvious typographical or other error regarding the price of the goods or services found in the seller's system or published on the e-shop in question for the goods or services.
- The buyer is entitled to cancel/cancel the order (up to the moment of taking over the goods or services), as well as in the event that the buyer is notified of a change in the purchase price of an item due to an obvious typographical or other error regarding the price of the goods. The buyer can also cancel electronically or by phone.
- The method of payment of the purchase price (form of payment), including the total costs related to the order itself and the delivery of the goods, is indicated in the order form. The form of payment is chosen by the buyer in the process of ordering goods on the website of the shopping portal.
- Payment of the purchase price: after choosing the method of payment of the purchase price (via the order form, by phone or electronically), the buyer pays the seller the purchase price and including any other related costs (e.g. shipping fee, cash on delivery fee/price, etc.) before taking over goods, with the exception of a special written agreement between the seller and the buyer. At the same time, the buyer is entitled to pay already when the order is issued and sent to the seller, with the fact that the payment is perceived as an advance on the purchase price and other calculated costs, but the buyer is recommended to pay only after the order has been accepted by the seller (conclusion of the contract).
- Payment for goods or services in advance: the seller can request payment for goods or services in advance:
- for an order value over €200 without shipping (advance payment is required on the basis of the issued advance invoice by transfer to a bank account or in case of mutual agreement with the seller and if the website of the online store has such a function, also via the payment gateway / online card payment or through the so-called payment system - e.g. paypal or GoPay.)
- for goods or services that are sent abroad (advance payment is required on the basis of an issued advance invoice by transfer to a bank account or in case of mutual agreement with the seller and if the website of the online store has such a function, also via the payment gateway / payment by card online or through the so-called payment system - e.g. paypal or GoPay.)
- when ordering goods or services that are not in stock or are produced only to order, an advance payment of 50% of the price of the goods or services may be required. If the order is cancelled/cancelled during the production process, the advance payment is forfeited in favor of the seller, who bears the costs of the production of the ordered goods. (advance payment is required on the basis of the issued advance invoice by transfer to a bank account or in case of mutual agreement with the seller and if the website of the online store has such a function, also through the payment gateway / online card payment or also through the so-called payment system - e.g. paypal or GoPay.)
- The purchase price is considered to have been paid on the day the funds are credited to the seller's account (or in the case of cash payment at the moment of cash payment, or its confirmation by issuing a receipt)
- Cash on delivery: the price for cash on delivery is not included in the purchase price of the goods or services and its amount will be precisely calculated in the order form and in the confirmation of the conclusion of the distance contract and/or in the individual price offer sent to the buyer on a durable medium. The seller is entitled to unilaterally and at his discretion internally determine the value (amount) of the total order, at which the buyer no longer pays the price for cash on delivery. The fact of payment or non-payment of the cash on delivery price by the buyer will be displayed in the case of an order via the order form already in the order form itself on the website of the relevant online store, and for each separately created order, this value (amount) of the total order, which may affect (not) payment of the price for cash on delivery may differ. The seller is entitled to unilaterally change and adjust the value of the order (concluded contract) in which the buyer does not pay the price for cash on delivery, without the need to indicate a change in these General Terms and Conditions. This change does not affect the conclusion of the purchase contract.
- Other fees: The seller is entitled to assess each order individually and unilaterally, at his own discretion, to internally determine an order in which the buyer, apart from the purchase price for the goods or services, no longer pays any additional costs in connection with the method of payment, the amount of the order and the delivery itself, without the necessity of indicating a change in these General Terms and Conditions by the seller. This change does not affect the concluded sales contracts. The amount of the purchase price of the goods or services, including all additional fees (e.g. related to the form of payment and the form of delivery of the goods), are indicated in the order form, or in the case of an individual agreement on a durable medium and in the confirmation of the conclusion of a distance contract.
- The basic currency for goods or services is EURO. Sign: €.
- Bank fees for payment of the purchase price and transport costs to the buyer are governed by the contract between the buyer and the buyer's bank. The seller is not responsible for the amount of such or similar related fees.
- The costs for the use of electronic means of communication are governed by the contract between the buyer and his internet connection provider, or his provider of electronic communication services. The seller is not responsible for the amount of such or similar related fees.
- For the purposes of these general terms and conditions, it is stated that the seller informs the buyer that he does not set a minimum order value.
- In relation to the consumer , the seller is obliged to observe the principle of equal treatment in the provision of products and services established by a special regulation (Act No. 365/2004 Coll. on equal treatment in certain areas and on protection against discrimination and on the amendment and supplementation of certain laws wording of later regulations). The seller may not refuse to sell to the consumer a product that he has on display or otherwise prepared for sale, or refuse to provide a service that is within his operational capabilities. It may not tie the sale of a product or the provision of a service (hereinafter referred to as "tying the sale") to the sale of another product or the provision of another service. This does not apply if the consumer does not meet the conditions for purchase according to special regulations, e.g. Act No. 190/2003 Coll. on firearms and ammunition and on amendments to certain laws. A binding sale is not considered if
- the seller sells these products or provides these services separately,
- binding of sales is conditioned by the technical impossibility of independent sale of products or provision of services.
- For the purposes of these general terms and conditions, it is stated that the seller delivers the goods in the ordered quantity and quality together with a written copy of his General Terms and Conditions, if he has not already delivered them earlier together with tax documents relating to the goods or service and other documents, if they exist and are typical for the given product. If a written version of these General Terms and Conditions was not delivered to the buyer with the goods, the buyer is obliged to notify the seller of this fact in writing within 2 working days from the date of receipt of the goods or service, otherwise it is assumed that the seller's obligation to deliver a written copy of the General Terms and Conditions was properly fulfilled. If the written version of the so-called mandatory information for the marked product (including instructions for use, if it is attached to the product) was not delivered to the buyer with the goods in the Slovak language, the buyer is obliged to notify the seller of this fact in writing no later than 2 working days from the day of receipt of the goods or service, otherwise it is assumed that the seller's obligation to deliver a written copy of the General Terms and Conditions has been properly fulfilled.
- For the purposes of these general terms and conditions, it is stated that if the buyer does not object to the non-delivery of the goods or service and the non-delivery of the documents supplied with the goods (or service) within two working days from the receipt of the goods, based on confirmed delivery and waybills, it is assumed that the goods was properly delivered to the buyer, unless proven otherwise. At the latest, together with the delivery of the goods, the seller will provide the buyer with a confirmation of the conclusion of the contract on a durable medium.
- Date of delivery of goods or (provision of) service: For the purposes of these general terms and conditions, it is stated that according to the Act on Consumer Protection in Door-to-Door Sales and Mail Order Sales, which also applies to the purchase of goods and services via the Internet, if the seller and the consumer (buyer ) do not agree otherwise, the seller is obliged to fulfill the consumer's order within 30 days of its delivery. If the seller fails to fulfill the contract because he cannot deliver the ordered goods or provide the service, he is obliged to inform the consumer immediately and return the price paid for the goods or the advance within 15 days, if the seller and the consumer do not agree on alternative performance. The place of delivery of the ordered goods or services is the address specified by the buyer in the order.
- Availability of goods: For the purposes of these general terms and conditions, it is stated that the goods sold through the internet portal are also limited by the current stock of the seller.
- Goods marked as "available" or "in stock" or "in stock" or with other markings indicating that these goods are available are sent by the seller within 3 working days from the date of order confirmation. The seller will confirm the availability of the goods in the confirmation of the order on a durable carrier.
- Goods marked with the availability "to order" or "available in stock at the supplier" or "availability 7-21 days" are sent within this time frame, ie 7-21 calendar days. The seller will immediately inform the buyer about the impossibility of delivering goods or services, as well as in cases of force majeure or reasons for which the seller or carrier/delivery person/courier is not responsible. In this case, the seller will offer or provide the consumer with alternative performance and proceed according to the General Terms and Conditions and legal regulations.
- The product marked as "out of stock" is currently unavailable.
- For the purposes of these general terms and conditions, it is stated that the seller will deliver goods or services to the buyer at the address indicated by him when issuing the order and exclusively to the person listed as the buyer. The delivery or release of goods to a person other than the buyer is not possible without the prior written consent of the seller and the documents required by the seller. For this reason, it is essential that the buyer correctly enter his identification data when ordering the goods and the data for the delivery of the goods. The supplier of the goods is entitled to find out and verify with the receiving person by appropriate means whether this person is the buyer and whether he is authorized to take over the goods.
- For the purposes of these general terms and conditions, it is stated that if the circumstances require it, the seller and the buyer can agree on an extension of the delivery period, or on a substitute performance of the same quality and price. In the case of a special request, the delivery period is extended by additional working days, which will be notified to the buyer electronically. The delivery of goods or services is carried out by handing them over to the buyer (or the buyer to a person authorized in writing to take over the goods or services), or by handing it over to the first carrier for transportation.
- For the purposes of these general terms and conditions, it is stated that the delivery of the goods, in the territory of the Slovak Republic and the countries of the European Union, will be carried out by the seller with his own means, to a pre-determined location (a brick-and-mortar store) or to the hands of the buyer (or to a person authorized by the buyer in writing to take over the goods or services), through third parties (transport, courier and delivery companies).
- For the purposes of these general terms and conditions, it is stated that the operator recommends the buyer to inquire about the possibilities and methods of sending and delivering goods, outside the territory of the European Union and to the territory of third countries, with the seller before placing the order for goods or services.
- Method of delivery of goods: For the purposes of these general terms and conditions, it is stated that the method of delivery of goods is indicated in the order form, or in the case of an order by phone or email, the seller will provide the buyer with information about the currently available forms of delivery of the goods.
- For the purposes of these general terms and conditions, it is stated that pursuant to Act. no. 102/2014 Coll. §7 par. 4, the goods are considered to be taken over by the consumer at the moment when the consumer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if
- the goods ordered by the consumer in one order are delivered separately, at the moment of taking over the goods that were delivered last,
- delivers goods consisting of several parts or pieces, at the moment of taking over the last part or last piece,
- supplies the goods repeatedly during the defined period, at the moment of acceptance of the first delivered goods.
- For the purposes of these general terms and conditions, it is stated that the seller, forwarding, transport or courier company or delivery service is entitled to notify the buyer of the delivery of the goods by e-mail, text message or other appropriate form (e.g. by telephone). At the same time, the buyer agrees that the seller will provide this data of the buyer to the forwarding, transport or courier company. When taking over the goods or services, the buyer proves his identity to the carrier (e.g. through valid identity documents). These documents must show the identity of the buyer or the authorization to take over the goods. Otherwise, the goods may not be handed over by the seller/transporter in order to avoid the situation that the goods are taken over by another third party who is not authorized to do so or who did not complete the order in their own name at all.
- For the purposes of these general terms and conditions, it is stated that if the buyer does not take over the product, the seller will store it in his premises or at the address of the company's headquarters and invite the buyer to pick it up. In the event that the buyer does not collect the product even within 30 working days from the date of delivery of the written request, the contractual relationship established by the purchase contract between the seller and the buyer expires after the deadline for additional acceptance of goods or services has expired.
- For the purposes of these general terms and conditions, it is stated that the risk of damage to the goods or service and responsibility for damage to the product passes to the buyer upon acceptance, regardless of whether the buyer takes over the product personally or through an authorized/authorized person.
- For the purposes of these general terms and conditions, it is stated that after receiving the goods or services, the buyer checks the integrity of the packaging and the completeness of the delivery, especially the number of transport packages (packages/shipments). In case of any obvious defects detected in connection with the goods or with the transportation of the goods, the buyer will immediately notify the seller (electronic or telephone form is recommended). The buyer and seller then agree on the next procedure.
- For the purposes of these general terms and conditions, it is stated that if there is a violation of the packaging or shipment, or there is a suspicion of unauthorized opening of the shipment, the seller recommends (does not force) the buyer not to accept the shipment from the carrier/delivery person. For the purposes of these terms and conditions, the seller informs the consumer that, of course, he does not impose any obligations beyond the scope of the law.
- However, the above does not affect the consumer's right to file a complaint with the seller or the right to withdraw from the contract in a legal manner.
- For the purposes of these general terms and conditions, it is stated that if the buyer does not object to the seller's non-delivery of the goods and the non-delivery of the relevant documents supplied with the goods within 48 hours of the delivery of the goods, based on confirmed delivery and waybills, it is assumed that the goods were properly delivered to the buyer , unless proven otherwise.
- For the purposes of these general terms and conditions, it is stated that the seller's shipping costs are not included in the purchase price of the goods or services. These will be calculated in the order form or in the individual price offer sent by email, but at the latest in the confirmation of the conclusion of the distance contract, and the buyer undertakes to pay them together with the purchase price.
- Shipping / free shipping: The seller is entitled to unilaterally and at his own discretion internally determine the value or nature of the order for which the buyer no longer pays the shipping price. The fact of payment or non-payment of the transport price by the buyer will be displayed in the order or on the website of the online store. The seller is entitled to change and modify the value or nature of the order (concluded contract) unilaterally, without the need to indicate a change in these General Terms and Conditions, for which the buyer does not pay the cost of transportation. This change has no effect on concluded purchase contracts.
- Information regarding the possibility (right) of withdrawal from the purchase contract: For the purposes of these general terms and conditions, it is stated that the consumer may withdraw from the purchase contract, even without giving a reason, within 14 calendar days , from the day on which the consumer or a third party designated by him, with with the exception of the carrier, will take over the product. This period ends 14 days after receiving the goods . However, if the end of this period falls on a non-working day, the deadline is extended to the next working day. The consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the period for withdrawing from the contract. If the seller timely and properly provided the consumer with information about the right to withdraw from the contract according to § 3 par. 1 letter h) Act. 102/2014 Coll., the consumer is entitled to withdraw from a contract concluded at a distance or from a contract concluded outside the seller's premises within 14 days from
- taking over the goods in the case of contracts, the subject of which is the sale of goods,
- conclusion of a service provision contract or
- conclusion of a contract for the provision of electronic content not delivered on a physical medium
- For the purposes of these general terms and conditions, it is stated that if the seller has provided the consumer with information pursuant to § 3 par. 1 letter h) Act. 102/2014 Coll. only subsequently, but no later than within 12 months from the start of the period for withdrawing from the contract according to paragraph 1, the period for withdrawing from the contract will expire after 14 days from the day when the seller additionally fulfilled the information obligation.
- For the purposes of these general terms and conditions, it is stated that if the seller did not provide the consumer with information according to § 3 par. 1 letter h) Act. 102/2014 Coll., nor in the additional period according to paragraph 2, the period for withdrawing from the contract expires after 12 months and 14 days from the date of commencement of the period for withdrawing from the contract according to paragraph 1.
- For the purposes of these general terms and conditions, it is stated that the legal right to return goods without giving a reason arises only when the consumer has purchased the goods through:
- a contract concluded at a distance (a contract between the seller and the consumer agreed and concluded exclusively through one or more means of remote communication without the simultaneous physical presence of the seller and the consumer, in particular by using the website, e-mail, telephone, fax, mailing list or offer catalog), and
- contracts concluded outside the seller's premises (contracts between the seller and the consumer concluded during the simultaneous physical presence of the seller and the consumer at a place that is not the seller's premises; contracts for the conclusion of which the consumer made a proposal to the seller at a place that is not the seller's premises; contracts concluded at the seller's premises or by means of remote communication immediately after the individual and personal address of the consumer by the seller in a place that is not the seller's premises or the contract concluded during or in connection with the sales event).
- For the purposes of these general terms and conditions, it is stated that in such a case the consumer is obliged to exercise the right to withdraw from the contract in writing, in documentary form (or in the form of a record on another durable medium, if the contract was concluded orally). He can do so within 14 days from the day of receiving the goods.
- After delivery of the notice of withdrawal from the contract, the seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice, to return to the consumer all payments received from him on the basis of the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees. On the other hand, the consumer must send the goods back or hand them over to the seller no later than 14 days from the date of withdrawal from the contract.
- For the purposes of these general terms and conditions, it is stated that only the consumer has the right to withdraw from the contract according to the law. A consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession.
- Procedure: For the purposes of these general terms and conditions, it is stated that when exercising the right to withdraw from the contract, the consumer informs the seller of his decision to withdraw from this contract with a clear statement. The consumer can use the contract withdrawal form provided by the seller. In general, the consumer can exercise the right to withdraw from the contract in written form or on another durable medium. In the event that the contract was concluded orally, any unambiguous (even verbally formulated) statement will be sufficient to exercise the consumer's right to withdraw from the contract, if it is clearly evident from it that the consumer's will is to withdraw from the contract. The consumer bears the burden of proof. The law makes it easier for the consumer to withdraw from the contract by using a contract withdrawal form containing all the essential details of this act. The seller is obliged to pre-fill the form with his identification data and hand it over to the consumer before concluding a distance contract or an off-premises contract. This is an important institution of consumer protection, primarily because it does not require the fulfillment of other conditions for its application, only a minimum of actions is required from the consumer in order to be able to withdraw from the contract. A sample form for notification of withdrawal from the contract is available on the seller's website. If requested, it can also be sent to the consumer by e-mail or post. After withdrawal from the contract, the seller will return to the consumer all payments made in connection with the conclusion of the contract, especially the purchase price, including the costs of delivering the goods to the consumer. This does not apply to additional costs if you have chosen a different type of delivery than the cheapest common delivery method offered by the seller. Payments will be returned without undue delay, no later than 14 days from the day when the consumer's notice of withdrawal from this contract is delivered to the seller. Their payment will be made in the same way that the consumer used for payment, if he did not expressly agree to another payment method, without charging any additional fees. At the same time, the seller informs the consumer that he is obliged to send the goods back or hand them over to the seller or a person authorized by the seller to receive the goods within 14 days from the date of withdrawal at the latest. This does not apply if the seller proposes to pick up the goods personally or through a person authorized by him. The withdrawal period is preserved if the consumer sends (sends) a notice of exercising the right to withdraw from the contract before the withdrawal period expires, i.e. no later than on the 14th day since the withdrawal period began to run, or if the end of this period falls on a non-working day, the deadline is extended to the next working day. The seller recommends (but does not order) the consumer to send the returned goods by registered mail and, in case of a higher value, to insure such a shipment. The seller informs the consumer not to send the returned goods to the seller by cash on delivery. The seller informs the consumer that pursuant to Act. no. 102/2014 Coll. §9 par. 5: When withdrawing from a contract, the subject of which is the sale of goods, the seller is not obliged to return payments to the consumer according to paragraph 1 of the law before the goods are delivered to him or until the consumer proves that the goods have been sent back to the seller, unless the seller suggests that he collects the goods in person or through a person authorized by him.
- For the purposes of these general terms and conditions, it is stated that the consumer acknowledges the fact that if gifts are provided with the goods, the gift contract between the seller and the consumer is concluded with the condition that if the consumer's right to withdraw from the contract is used according to § 7 of Act no. . 102/2014 Coll., the gift contract becomes invalid and the consumer is obliged to return the related gifts, etc. together with the returned goods.
- For the purposes of these general terms and conditions, it is stated that withdrawal from the contract is effective when the form for withdrawal from the contract or another clearly formulated expression of the consumer's will reaches the seller. The consequence of withdrawal from the contract is in accordance with § 48 par. 2 of the Civil Code, the fact that the contract is canceled from the beginning, ie it is viewed as if it had never been created. From the above, it follows that the parties to the canceled contract are obliged to deal with each other according to the principles of unjust enrichment (they will get back what they have already fulfilled before). If the notification containing the legal act of withdrawal from the contract fails to be delivered to the seller through no fault of the consumer, either due to non-acceptance of the shipment by its addressee or non-existence, or incorrect correspondence or e-mail address (provided that the consumer sent the notice to the correct address provided by the seller), the general principle of delivery according to civil material law shall apply, according to which the expression of will towards an absent person takes effect from the moment it occurs (§ 45 paragraph 1 of the Civil Code). The Supreme Court of the Slovak Republic in its resolution of January 28, 2011, no. stamp 5 Cdo 129/2010. stated that "in relation to the person present (that is, the person directly participating in the legal act carried out by the other person), the manifestation of the will acts (is effective) immediately." An absent person (that is, a person with whom the person performing the legal act is not in direct contact) must have the will manifest; it does not have to be delivered to her (received by the addressee). Manifestation of will occurs to an absent person when he finds himself in the sphere of his disposition. Reaching the sphere of disposition can be understood as reaching the expression of will into such a sphere, within which it is reasonable to expect that the addressee will become familiar with the content of the given document (can become objectively familiar). (...) For effective delivery to an absent person, it is not necessary for the addressee to actually become familiar with the expression of will, it is sufficient that he had an objective opportunity to do so."
- For the purposes of these general terms and conditions, it is stated that the seller's obligations upon withdrawal from the contract according to §9 Act. 102/2014 Coll. are as follows:
- The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the consumer all payments received from him on the basis of the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees ; this does not affect the provisions of § 8 par. 5 of the Act.
- The seller is obliged to return the payments to the consumer according to paragraph 1 in the same way that the consumer used for his payment. This does not affect the right of the consumer to agree with the seller on another payment method, if no additional fees are charged to the consumer in connection with this.
- The seller is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a different delivery method than the cheapest usual delivery method offered by the seller. Additional costs mean the difference between the delivery costs chosen by the consumer and the costs of the cheapest common delivery method offered by the seller.
- If, on the basis of a contract concluded outside the seller's premises, the goods were delivered to the consumer's home at the time of the conclusion of the contract and due to its nature, it is not possible to send the goods back to the seller by post, the seller is obliged to arrange for the collection of the goods at his own expense within the period according to paragraph 1.
- In case of withdrawal from the contract, the subject of which is the sale of goods, the seller is not obliged to return the payments to the consumer according to paragraph 1 before the goods are delivered to him or until the consumer proves that the goods have been sent back to the seller, unless the seller suggests that he collects the goods personally or through him authorized person.
- For the purposes of these general terms and conditions, it is stated that the consumer has the right to unpack and test the goods to determine their properties and functionality . However, if the goods are damaged, broken or rendered inoperable, then the buyer is already responsible for such a reduction in the value of the goods.
- For the purposes of these general terms and conditions, it is stated that the law (§7 paragraph 6 of Act 102/2014 Coll.) exhaustively defines which contracts cannot be withdrawn. These are mainly cases in which it is objectively impossible to return the provided performance or in which the seller should sell the returned performance to another consumer with considerable difficulty. Such a case is, for example, wine delivered long after the conclusion of a contract of a speculative nature, where its value depends on market price fluctuations ("vin en primeur"). Furthermore, the right to withdraw from the contract would not be suitable for goods that are manufactured according to the consumer's specifications or that are clearly custom-made, as well as for goods that by their nature are inseparably mixed with other items after delivery. The provision of the right to withdraw from the contract to the consumer is also excluded for some services where the conclusion of the contract leads to the reservation of a certain capacity, in which the seller could have problems filling it after exercising the right to withdraw from the contract. This could happen, for example, in the case of hotel reservations or in relation to holiday cottages, cultural or sporting events.
- The consumer cannot withdraw from the contract, the subject of which is:
- the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place,
- the sale of goods or the provision of a service, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the withdrawal period,
- sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
- sale of goods that are subject to rapid deterioration or deterioration,
- sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
- sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
- the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days later, and their price depends on the movement of prices on the market, which the seller cannot influence,
- performing urgent repairs or maintenance that the consumer has expressly requested from the seller; this does not apply to service contracts and contracts the subject of which is the sale of goods other than spare parts necessary for repair or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not order these services or goods in advance,
- sale of audio recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has unpacked this packaging,
- the sale of periodicals, with the exception of sales based on a subscription agreement and the sale of books not supplied in protective packaging,
- provision of accommodation services for a purpose other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed deadline,
- provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.
- For the purposes of these general terms and conditions, it is stated that no legal regulation grants the consumer the right to return goods purchased in the so-called brick and mortar store (operating shop). If the seller offers such an option (or the option to exchange goods for other goods) to the consumer, he does so beyond the scope of his obligations. The right to return or exchange goods for no reason is not legally enforceable. In the case of the classic form of sale (in a brick-and-mortar operation), the following applies in general: If the purchased goods are not suitable, whether in terms of size, shape, price, color or if it is an inappropriate choice of gift, duplication..., this is not a product defect. The buyer does not have the legal right to demand from the seller an exchange of goods or a refund if the product has no defects. No legal regulation obligates the seller to refund the buyer's money or provide an exchange for other goods if the product is flawless. It only depends on the mutual agreement between the buyer and the seller and the willingness of the seller to satisfy the consumer. The fact that some sellers provide the advantage of the possibility of returning goods within certain days after purchasing the product is only within the framework of their business policy and then they set the conditions themselves (number of days, exchange for vouchers, purchase credit, exchange for other goods, original packaging, original tags...) It is considered a different case if the seller declares the possibility of returning the product or the possibility of exchanging it for other goods with a "public promise" in writing in the store or in the general terms and conditions. He is then obliged to comply with the conditions set by him. The consumer should always inquire with the seller about the possibility of returning the goods, or whether the seller allows the exchange of goods and under what conditions, before purchasing the product in a "brick and mortar" location. Legal withdrawal from the contract without giving a reason is possible for contracts concluded at a distance or for contracts concluded outside the seller's premises. If the purchased product shows a defect, during the warranty period, the buyer has the right to make a proper complaint. The procedure for applying and preparing a claim is regulated by Act no. 250/2007 Coll. on consumer protection as amended.
- For the purposes of these general terms and conditions, it is stated that in the event that the seller discovers during the processing of the order that the delivered content of the documents is defamatory, or contrary to the seller's moral and ethical opinions, or generally binding legal regulations, or other legal contradictions (e.g. . the sale of alcoholic, tobacco or other legally regulated products to persons under the age of 18), the seller is entitled to withdraw from the purchase contract by delivering a written notice of cancellation of the order confirmation by email. The buyer is not entitled to any compensation, except for the right to return the purchase price already paid, or part of it in the form of an advance payment.
- For the purposes of these general terms and conditions, it is stated that the seller is also entitled to withdraw from the purchase contract at the moment of dispatch of the goods, especially due to the currently arising unavailability of the ordered goods to the buyer. However, the seller is obliged to immediately inform the buyer of the withdrawal to the e-mail address entered by the buyer in the order. Before withdrawal, the seller is entitled to offer the buyer a substitute performance. The buyer has the right to refuse substitute performance and withdraw from the purchase contract.
- For the purposes of these general terms and conditions, it is stated that for withdrawal from the contract by buyers who are business entities, the legal conditions set forth in the Commercial Code apply.
- For the purposes of these general terms and conditions, it is stated that the buyer, who is not a consumer but a business customer, is not entitled to return the goods without giving a reason by exercising the right to withdraw from the contract within 14 days. Customers who purchase goods apparently for the purpose of performing their profession also do not have the right to withdraw from the contract - the law specifically refers to, for example, authorized architects, authorized civil engineers and lawyers. Therefore, the seller is not obliged by law to return the goods within 14 days from corporate customers and customers who purchase goods apparently for the purpose of performing their profession.
- For the purposes of these general terms and conditions, it is stated that information on supervisory authorities:
- State administration bodies in the field of public health and the state veterinary and food administration
- Public Health Office of the Slovak Republic and regional public health offices
- The Slovak Trade Inspection, which supervises the offer and sale of products and the provision of services,
- which are not supervised by the authorities referred to in letters a) and b), or
- during or in connection with the sale.
- The general body of market surveillance in consumer protection in the internal market according to Act no. 128/2002 Coll. on state control is the Slovak Trade Inspection.
SOI Inspectorate for the Bratislava region |
SOI Inspectorate for the Žilina Region |
SOI Inspectorate for the Trnava region |
SOI Inspectorate for the Banskobystrica region |
SOI Inspectorate for the Trenčín region |
SOI Inspectorate for the Prešov Region |
SOI Inspectorate for the Nitra region |
SOI Inspectorate for the Košice Region |
- soi.sk - on this website, telephone and fax contact for the Central Inspectorate of SOI and SOI inspectorates for the given region are also listed, in accordance with the territorial administrative arrangement of the Slovak Republic.
- The Slovak Trade Inspection, as an internal market control body, does not examine the validity of complaints, but only whether all legal conditions relating to the complaint, arising from the Consumer Protection Act, have been met.
- For the purposes of these general terms and conditions, it is stated that the seller is obliged to properly inform the consumer about the scope, conditions and method of making a claim, including information on where the claim can be made, as well as on the performance of warranty repairs. The complaint procedure must be made available in a visible place accessible to the consumer.
- For the purposes of these general terms and conditions, it is stated that for all goods purchased on the basis of civil relations, the standard warranty period is 24 months in accordance with the legal regulations of the Slovak Republic, if the legal regulations of the Slovak Republic do not establish a shorter period for certain types of goods. If the period for use is marked on the sold item, its packaging or the instructions attached to it, the warranty period does not end before the expiry of this period. The seller can extend the statutory period. The length of the extended warranty period is always indicated on the warranty certificate. Unless another warranty period is indicated in the warranty certificate, the period of 24 months applies. The warranty period consists of the statutory period (24 months) and possibly an extended period. Within the statutory warranty period, complaints are governed by the Civil Code no. 40/1964 Coll. § 619-627 taking into account this complaint procedure. (In the case of an extended period, complaints are governed exclusively by this procedure.) If it is a used item, the buyer and seller can also agree on a shorter warranty period, but not shorter than 12 months. For goods sold at a lower price due to an error or incompleteness, the warranty does not apply to errors due to which the lower price was agreed upon.
- For the purposes of these general terms and conditions, it is stated that the consumer can file a complaint at any of the seller's establishments, where receiving a complaint is possible with regard to the products sold or the services provided, or at a designated person who is obliged to process the complaint. If the nature of the product allows it, the consumer will hand over the product to the seller (designated person) when making a claim. If the nature of the product does not allow the product to be delivered to the seller (designated person), the consumer may request the removal of the defect at the place where the product is located or agree with the seller (designated person) on the method of transporting the product. When making a claim, it is necessary to provide proof of purchase and/or a warranty certificate (if it was issued to the consumer). The seller is obliged to issue a confirmation to the consumer when making a claim. If the claim is made via means of long-distance communication (e.g. by e-mail), the seller is obliged to deliver the confirmation of the claim to the consumer immediately, but at the latest together with the proof of the claim. Confirmation of the application of the claim does not need to be delivered if the consumer has the opportunity to demonstrate the application of the claim in another way. The seller is obliged to process the claim no later than 30 days after its application. The deadline for processing the claim begins on the day following the day the claim was made. It is not possible to extend the deadline for handling the complaint in any way. After it expires in vain, the consumer has the right to withdraw from the contract and get a refund for the claimed product.
- For the purposes of these general terms and conditions, it is stated that if the consumer made a complaint within the first 12 months from the purchase, the seller can handle the complaint by rejecting it only on the basis of a professional assessment; regardless of its outcome, all costs are borne by the seller.
- For the purposes of these general terms and conditions, it is stated that if the consumer made a complaint about the product after 12 months and the seller rejected it, he is obliged to indicate in the complaint handling document to whom the consumer can send the product for expert assessment (forensic expert, authorized person, designated person) . If the expert opinion is in favor of the consumer, he can apply the claim again; a renewed claim cannot be rejected. The costs of the expert assessment as well as all other related costs incurred for the purpose shall be borne by the seller. The seller is obliged to reimburse the consumer within 14 days from the date of re-application of the complaint all costs incurred for the expert assessment, as well as all other related costs.
- For all goods purchased by corporate customers , on the basis of a business relationship (in the sense of the Commercial Code), the warranty period - "quality guarantee" is set by the seller for 12 months (in words: twelve months), according to provisions 411-441 of the Commercial Code .
- More detailed information about the procedure for resolving buyer complaints is provided in a separate section entitled "complaint procedure" on the seller's website. The complaint procedure, including comprehensive relevant information for the buyer, can be sent at the buyer's request in electronic form or in paper form to the address chosen by the buyer.
- For the purposes of these general terms and conditions, it is stated that the operator hereby also informs customers (consumers) that on February 1, 2016, Act No. 391/2015 Coll. on alternative resolution of consumer disputes and amendments to some laws. The goal of this law is to create a new option for consumers to resolve their dispute with the seller quickly, efficiently, less formally and above all free of charge, or with only minimal costs. It is about reaching an amicable solution, or agreement between the consumer and the seller on the resolution of the dispute, which becomes a binding legal basis after both parties agree to its wording.
- The authority for alternative dispute resolution under the law is the Office for the Regulation of Network Industries, the Office for the Regulation of Electronic Communications and Postal Services and the Slovak Trade Inspection. In addition, the Slovak Trade Inspection is in the position of the so-called of a residual entity, which means that it will be authorized to resolve even disputes in which the competence of other bodies is not determined, except for disputes arising from contracts for the provision of financial services.
- According to §11 of the Act 391/2015 on the alternative resolution of consumer disputes and the amendment of certain laws, the consumer has the right to contact the seller with a request for redress if he is not satisfied with the way in which the seller handled his claim or if he believes that the seller has violated his rights. In the event of a dispute with the seller, the consumer has the right, after using all options to resolve the dispute, to turn to the subject of alternative dispute resolution, whose the value will be higher than €20 . The legislation applies not only to disputes "domestic" but also for "cross-border" disputes, ie disputes between foreign consumers and sellers on the territory of the Slovak Republic. The subject of alternative dispute resolution shall terminate the dispute within 90 days from the date of its initiation, while notifying the petitioner of the extension of the deadline by 30 days (even repeatedly).
- If the consumer is not satisfied with the way the seller handled his complaint or otherwise violated his rights, in that case he has the opportunity to submit a proposal to the relevant entity. This does not exclude the possibility of resolving your dispute through court. In order to ensure the smooth progress of dispute resolution, the law requires mandatory cooperation from the seller .
- Authority for alternative dispute resolution : Slovak Trade Inspection, Central Inspectorate, Department for International Relations and Alternative Resolution of Consumer Disputes, Prievozská 32, pp 29, 827 99 Bratislava 27, Slovak Republic.
website: http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi
email: ars@soi.sk , addr@soi.sk
- The proposal can be submitted by the consumer in the manner specified under §12 of Act 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of certain laws, also electronically via the online dispute resolution platform (RSO) on the website: http://ec.europa.eu /consumers/odr/index_en.htm
- For the purposes of these general terms and conditions, it is stated that alternative dispute resolution is reserved exclusively for natural person consumers, not business buyers. The resolution of the dispute takes place between the consumer and the seller who have concluded a distance contract and whose dispute has a value higher than €20.
- For the purposes of these general terms and conditions, it is stated that the consumer has the option of individually submitting requests, proposals, suggestions and attempts to avoid disputes electronically to the seller's email address.
- Personal data of the consumer are processed by the seller from 25.05.2018 exclusively in accordance with Act no. 18/2018 Coll . on the protection of personal data and on the amendment of certain laws, which was adopted with regard to REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation). The new GDPR (General Data Protection Regulation) represents new legislation that will significantly increase the protection of citizens' personal data in the digital world. The goal of the GDPR is to give European citizens more control over what happens to their data and at the same time to unify existing personal data protection laws within the EU.
- The processing of personal data is governed by EPaR EU regulation no. 2016/679 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (general regulation on data protection) and from 25.05.2018 SR Act No. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws.
- The processing of personal data is lawful if it is carried out on the basis of at least one of the legal bases in accordance with § 13 of the Act. no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws:
- Consent of the person concerned for at least one specific purpose (the person concerned has expressed consent to the processing of his personal data for at least one specific purpose)
- Processing of personal data necessary for the performance of a contract to which the person concerned is a party, or for the implementation of measures prior to the conclusion of the contract based on the request of the person concerned
- The processing of personal data is necessary according to a special regulation or an international treaty to which the Slovak Republic is bound,
- The processing of personal data is necessary to protect the life, health or property of the person concerned or another natural person
- The processing of personal data is necessary to fulfill a task carried out in the public interest or in the exercise of public authority entrusted to the operator,
- Processing of personal data for the purpose of legitimate interests (processing of personal data is necessary for the purpose of the legitimate interests of the operator or a third party, except in cases where these interests are overridden by the interests or rights of the data subject requiring the protection of personal data, especially if the data subject is a child; this legal basis does not apply to the processing of personal data by public authorities in the performance of their tasks)
The legal basis for the processing of personal data according to the above-mentioned paragraph letter c) and e) must be established in Act 18/2018 Coll., in a special regulation or in an international treaty to which the Slovak Republic is bound; a special law must establish the purpose of processing personal data, the category of persons concerned and the list of processed personal data or the scope of processed personal data. Personal data processed on the basis of a special law can be provided, transferred or published from the information system only if the special law establishes the purpose of provision or the purpose of publication, the list of processed personal data or the scope of processed personal data that can be provided or published, or the recipients to whom provide personal data.
- The affected person is hereby also informed that any given consent to the processing of personal data can be revoked at any time. Pursuant to § 14 par. 3 of Act No. 18/2018 Coll., the affected person has the right to withdraw consent to the processing of personal data concerning him at any time. The withdrawal of consent does not affect the legality of the processing of personal data based on consent before its withdrawal; before giving consent, the person concerned must be informed of this fact. The affected person can revoke the consent in the same way as the consent was granted.
- The affected person is hereby also informed about the rights of the affected person, which in § 19 to § 30 of Act no. 18/2018 Coll. regulate the obligations of the operator in exercising the rights of the affected persons
- Pursuant to Act no. 18/2018 Coll. on the Protection of Personal Data and on Amendments to Certain Acts, personal data are data relating to an identified natural person or an identifiable natural person who can be identified directly or indirectly, especially on the basis of a generally applicable identifier, another identifier such as a name, surname, identification number, location data (§ 57 paragraph 2 of Act No. 351/2011 Coll. on Electronic Communications, as amended) or online identifier, or based on one or more characteristics or signs that make up its physical identity, physiological identity , genetic identity, psychological identity, mental identity, economic identity, cultural identity or social identity.
- In view of the above, the operator proceeded, not only to the development of the so-called assessment of the impact on the protection of personal data, but also with regard to the nature, scope and purpose of personal data processing and risks of varying probability and severity for the rights of a natural person, the operator has adopted appropriate technical and organizational measures to ensure and demonstrate that the processing of personal data data is carried out in accordance with Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws.
- The consumer acknowledges that the seller, who is also in the position of the operator of the information system in which he processes his personal data, due to the creation of the possibility of concluding a contract remotely or outside the operating premises between the seller and the consumer, for the purpose of ordering and delivering goods, in the scope : first name, last name, delivery address, phone number, email address, IP address, cookies (hereafter collectively everything and as "personal data" ) in the operator's information system. The person concerned provides the above-mentioned personal data to the operator voluntarily, without coercion or coercion on the part of the operator, through the website of the operator's internet portal, through a check box with the following text: " I agree to the processing of personal data in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data and on the Amendment and Supplementation of Certain Acts" regarding the conclusion of a distance contract ( a contract between the seller (when concluding and performing the contract he acts within the scope of his business activity or profession) and the consumer (when concluding and performing the contract he does not act within the scope of his business activity, employment or profession) agreed and concluded exclusively through one or more means of remote communication without the simultaneous physical presence of the seller and the consumer , in particular through the use of a website, electronic mail, telephone, fax, address letter or offer catalog.) on the duration of mutual obligations resulting from such a contract concluded at a distance. Pursuant to § 14 par. 3 of Act No. 18/2018 Coll., the affected person has the right to withdraw consent to the processing of personal data concerning him at any time. The withdrawal of consent does not affect the legality of the processing of personal data based on consent before its withdrawal."
For the purposes of these General Terms and Conditions, it is stated that the contact person for the needs arising from these General Terms and Conditions as well as for the needs arising from the processing of personal data is: . Email: info@greenware.sk
- Provision of personal data to third parties: For the purposes of these general terms and conditions, it is stated that in the case of e-shop sellers, third parties are considered e.g. courier and delivery companies , namely those that provide their services on the basis of a special law (e.g. Act No. 324/2011 Coll. on postal services and on the amendment and supplementation of certain laws as amended (hereinafter referred to as the "Postal Services Act") ) and also those that are not governed by this or any other special law. However, in both cases, they are entities that deliver goods ordered in the e-shop in their own name and under their own responsibility. To process the personal data of the e-shop customer for the purpose of delivery goods or services via the selected delivery person, a separate consent to the processing of personal data is not required. with this law.
- The consumer acknowledges that he is obliged to provide his personal data (when ordering from the web portal) correctly and truthfully.
- In the event that the buyer performs the so-called registration, the operator hereby informs him that part of the completed registration may also include consent to sending offer e-mails from the operator's internet portal. If the order is placed without registration, the seller can offer the buyer the possibility to receive news by email. Offer e-mails will be sent a maximum of three times a month and the size of individual e-mail messages will not exceed 750kB. You can cancel the service of sending news by e-mail at any time at the e-mail address of the seller.
- The operator of information systems provides additional information regarding the processing of personal data in a special section on the portal website.
The general terms and conditions apply as published on the operator's website and approved by the company's competent authority on 17/12/2018