1. General provisions
These terms and conditions regulate the rights and obligations of the parties arising from the purchase contract concluded between the Seller, which is BIO 5, s.r.o., with its registered office at Ružová dolina 6, 821 08 Bratislava; ID No.: 35767715, registered in the Commercial Register of the Municipal Court of Bratislava III, Section: Sro, File No. 19167/B (hereinafter referred to as "the Seller") and the buyer, the subject of which is the purchase and sale of goods on the Seller's e-shop website.
Contact details of the Seller:
BIO 5, s.r.o., with registered office at Ružová dolina 6, 821 08 Bratislava; ID No.: 35767715, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Entry No. 19167/B
Steuernummer: 2020244116
VAT NUMBER: SK2020244116
Operation:
BIO 5, s.r.o., BodyWorld, Elektrárenská 1, 831 04 Bratislava
Responsible manager: Martin Horniak
E-mail: support@bodyworld.eu
Supervisor:
Slovenská obchodná inšpekcia (SOI)
Inšpektorát SOI pre Bratislavský kraj
Bajkalská 21/A, P.O. Box 5,820 07 Bratislava 27
Supervision and Legal Department
Tel. no.: 02/ 58272 172, 02/58272 104
https://www.soi.sk
https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
ba@soi.sk
1.1 These terms and conditions, as in force on the date of conclusion of the Purchase Contract, are an integral part of the Purchase Contract. In the event that the Seller and the buyer conclude a written contract of sale in which they agree on terms and conditions that deviate from these terms and conditions, the provisions of the contract of sale shall prevail over these terms and conditions. Such agreed terms and conditions must not conflict with other legal provisions (shortening of the return period, liability period for defects, etc.). All contractual relations are concluded in accordance with the law of the Slovak Republic.
1.2 For the purposes of these terms and conditions, a supplementary contract means any contract for the supply or provision of an additional product which is related to the subject matter of the distance contract, regardless of whether the product is supplied or provided by the Seller or by another person under an agreement with the Seller.
1.3 The displayed purchase price for the goods on any e-commerce website operated by the Seller includes value added tax in the amount set by the applicable law of the Slovak Republic and does not include the price for the carriage of the goods or other optional services. All promotions are valid while stocks last, unless otherwise stated for specific goods.
1.4 The Seller reserves the right to modify the price of goods listed on any e-commerce website operated by the Seller at any time. A change in the price of the goods shall not apply to contracts of sale concluded prior to the price change, notwithstanding that delivery of the goods has not yet taken place.
1.5 In the event that the Seller fails to comply with its obligations set out in the applicable legislation of the Slovak Republic or the European Union or in these terms and conditions, the buyer may enforce its right against the Seller through the competent court.
2. Method of concluding the contract of sale
2.1. The Buyer shall send the Seller a proposal for the conclusion of the Purchase Contract in the form of a completed and submitted form on the Seller's website, by which the Buyer has sent a proposal for the conclusion of the Purchase Contract, the subject of which is the transfer of the ownership right to the goods specified by the Buyer for consideration for the purchase price and under the terms and conditions specified in this Order (hereinafter referred to as the "Order").
2.2 After the Order has been sent, the Buyer will receive an automatically executed notification of receipt of the Order in the Seller's electronic system (hereinafter referred to as the "Order Receipt Confirmation") to his e-mail address. Any further information regarding the Buyer's order may be sent to the Buyer's e-mail address if necessary.
2.3 The Delivery Confirmation contains information that the Seller has received the order, but is not an acceptance of the proposal to enter into a contract of sale.
2.4 The Seller will then send an email to the Buyer's email address informing the Buyer whether the Buyer's order has been accepted ("Order Acceptance"). The Order Acceptance contains information on the name and specification of the goods, the sale of which is the subject of the Purchase Contract, details of the price of the goods and/or other services, details of the expected delivery time of the goods, the name and details of the place where the goods are to be delivered and details of the price, if any, conditions, method and date of transport of the goods to the agreed place of delivery of the goods to the Buyer, details of the Seller (business name, registered office, VAT number, number of registration in the commercial register, etc.), and other necessary details, if any.
2.5 The Purchase Contract is concluded upon delivery of the order acceptance in electronic or written form to the Buyer.
2.6 Before sending the order, the Seller shall inform the Buyer in a clear, unambiguous, comprehensible and unmistakable manner of the pre-contractual information concerning, payment, commercial, transport and other conditions, so that:
(a) the main characteristics of the product, to the extent appropriate to the means of communication used and the product, informed on the relevant catalogue page of the Seller's e-shop,
(b) the trade name and registered office of the Seller or of the person on whose behalf the Seller is acting, on the relevant sub-page of the Seller's electronic shop and in Article 1 of these terms and conditions, which are located on the relevant sub-page of the Seller's electronic shop,
c) the Seller's telephone number, the Seller's e-mail address and other means of online communication between the buyer and the Seller are informed on the relevant subpage of the Seller's e-commerce and in Article 1 of these terms and conditions, which are located on the relevant subpage of the Seller's e-commerce,
d) the address of the Seller, or of the person acting on behalf of the Seller, at which the buyer may exercise the rights of liability for defects in the goods or services, withdraw from the contract, submit a request for redress or any other complaint, informed in Article 1 of these terms and conditions, which are located on the relevant sub-page of the Seller's e-shop,
(e) the total price of the goods or services, including value added tax and all other taxes, or, if by 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 the Buyer will be obliged to pay them, informed on the relevant catalogue page of the Seller's e-shop,
f) the payment terms, delivery terms, the period within which the Seller undertakes to deliver the goods or provide the service, as informed in the relevant articles of these terms and conditions, which are located on the relevant sub-page of the Seller's e-commerce,
(g) the existence and duration of the Seller's statutory liability for defects in the goods, digital content and digital services and the availability of a consumer guarantee, if provided by the Seller or the manufacturer, and the procedures for exercising and handling the Seller's liability for defects, complaints and buyer's suggestions, in the relevant articles of these terms and conditions, which are located on the relevant sub-page of the Seller's e-commerce website,
(h) the existence and duration of liability for defects in the service and the procedure for exercising rights under liability for defects in the service, as set out in the relevant articles of these terms and conditions, which are located on the relevant sub-page of the Seller's e-commerce website,
(i) the terms and conditions of after-sales service in the relevant articles of these terms and conditions, which are located on the relevant sub-page of the Seller's e-shop,
(j) the compatibility and interoperability of items with digital elements, digital content and digital services of which the Seller knows or can reasonably be expected to know, have been notified to the buyer on a product-by-product basis on the relevant catalogue page of the Seller's e-shop,
(k) the consumer's right to submit a request for redress to the Seller, with a specific link to the website on which the information on the relevant alternative dispute resolution entity is published, has been informed in Article 10 of these terms and conditions, which are placed on the relevant sub-page of the Seller's e-commerce website,
l) the Buyer's right to withdraw from the contract of sale, the conditions, time limit and procedure for exercising the right to withdraw from the contract, in Article 9 of these terms and conditions, which are located on the relevant sub-page of the Seller's e-commerce,
(m) the provision of the withdrawal form in Article 9 and in the Annex to these terms and conditions, which are located on the relevant subpage of the Seller's e-commerce website; the Seller has also provided the withdrawal form itself in the Annex to these terms and conditions, which are located on the relevant subpage of the Seller's e-commerce website
n) the information that if the buyer withdraws from the purchase contract, he/she will bear the costs of returning the goods to the Seller pursuant to Section 21(3) of Act 108/2024 Coll. on consumer protection and on amendment and supplementation of certain acts (hereinafter referred toas "the Act") and if he withdraws from the purchase contract also the costs of returning the goods which, due to their nature, cannot be returned by post, informed in Article 9 of these terms and conditions, which are located on the relevant subpage of the e-commerce of the Seller,
o) the Buyer's obligation to pay the Seller the price for the performance actually provided pursuant to Article 21(5) of the Act, if the Buyer withdraws from the contract for services after having given the Seller his express consent pursuant to Article 17(10)(c). The Act informed in Article 9 of these Terms and Conditions, which are located on the relevant subpage of the Seller's e-commerce site,
p) the circumstances under which the buyer loses the right to withdraw from the contract, informed in Article 9 of these terms and conditions, which are located on the relevant sub-page of the Seller's e-shop,
q) the existence of the relevant codes of conduct which the Seller has undertaken to comply with and the manner in which the buyer can become acquainted with them or obtain the text thereof, informed on the relevant catalogue page of the Seller's e-shop,
(r) the duration of the contract, if it is a fixed-term contract; if it is an indefinite-term contract or a contract which is automatically extended, the information on the conditions for termination of the contract on the relevant catalogue page of the Seller's e-shop and in these terms and conditions, which are placed on the relevant sub-page of the Seller's e-shop,
s) the minimum duration of the Buyer's obligations under the Purchase Contract, if the Purchase Contract implies such an obligation for the Buyer, on the relevant catalogue page of the Seller's e-shop and in these Terms and Conditions, which are located on the relevant sub-page of the Seller's e-shop,
t) the obligation of the Buyer to pay an advance payment or to provide other financial security at the request of the Seller and the conditions applicable to its provision, if the Purchase Contract implies such an obligation for the Buyer, has been informed on the relevant catalogue page of the Seller's e-shop and in these Terms and Conditions, which are located on the relevant sub-page of the Seller's e-shop,
(u) the functionality of the item with digital elements, digital content and digital service, including the available technical protection measures, has been informed on the relevant catalogue page of the Seller's e-shop and in these terms and conditions, which are located on the relevant sub-page of the Seller's e-shop,
(v) the possibility and conditions for resolving the dispute out of court through an alternative dispute resolution system, if the Seller has undertaken to use such a system, on the relevant catalogue page of the Seller's e-shop and in these terms and conditions, which are located on the relevant sub-page of the Seller's e-shop,
(w) the actions necessary for the conclusion of the purchase contract by describing those necessary actions in these terms and conditions, which are located on the relevant sub-page of the Seller's e-shop,
x) that the contract of sale will be stored in electronic form with the Seller and is available to the buyer after the buyer has requested it in writing by informing the buyer on the relevant catalogue page of the Seller's e-shop and in these terms and conditions, which are located on the relevant sub-page of the Seller's e-shop,
y) that the language offered for the conclusion of the contract is Slovak, informed on the relevant catalogue page of the Seller's e-shop and in these terms and conditions, which are located on the relevant subpage of the Seller's e-shop.
2.7 If the Seller has not fulfilled the information obligation on the payment of additional fees or other costs pursuant to clause 2.6(e) of these Terms and Conditions or on the costs of returning the goods pursuant to clause 2.6(n) of these Terms and Conditions, the Buyer shall not be obliged to pay such additional costs or fees.
3. Rights and obligations of the Seller
3.1 The Seller shall:
(a) deliver the Goods to the Buyer on the basis of an order confirmed by acceptance in the agreed quantity, quality and time and pack or equip them for transport in the manner necessary for their preservation and protection,
b) ensure that the goods delivered comply with the applicable Slovak legislation,
c) immediately after the conclusion of the contract of sale, but at the latest together with the delivery of the goods, provide the buyer with a confirmation of the conclusion of the contract of sale on a durable medium, for example by e-mail. The confirmation must contain all the information referred to in point 2.6, including the withdrawal form.
d) hand over to the Buyer, together with the goods at the latest in written or electronic form, all documents necessary for the acceptance and use of the goods and other documents prescribed by the applicable Slovak legislation (manuals in Slovak language, warranty card, delivery note, tax document).
3.2 The Seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
3.3 If, due to stock outage or unavailability of goods, the Seller is unable to deliver the goods to the buyer within the period agreed in the purchase contract or specified in these terms and conditions, the Seller is obliged to offer the buyer an alternative performance or an opportunity for the buyer to withdraw from the purchase contract or cancel the order. If the Buyer does not accept the substitute performance offered by the Seller or withdraw from the Purchase Contract within a reasonable period of time, the Seller shall be entitled to withdraw from the Purchase Contract and, if the Buyer has already paid the Purchase Price or part thereof, the Seller shall be obliged to refund the Purchase Price or part thereof already paid within 14 days from the date of delivery of the withdrawal from the Purchase Contract to the Buyer.
4. Rights and obligations of the buyer
4.1 The Buyer has been informed by the Seller that the order includes the obligation to pay the price.
4.2 The Buyer shall:
(a) take delivery of the goods ordered and delivered,
b) pay the agreed purchase price to the Seller within the agreed due date, including the cost of delivery of the goods,
c) confirm the acceptance of the goods in the delivery note with his signature or the signature of a person authorised by him.
4.3 The Buyer is entitled to delivery of the goods in the quantity, quality, date and place agreed by the parties.
5. Delivery and payment terms
5.1 The usual availability of the goods with the date of their dispatch is indicated for each good on the e-commerce website.
5.2 Unless otherwise agreed between the Seller and the Buyer in the Purchase Agreement, the Seller shall deliver the Goods to the Buyer without delay, at the latest within 30 days from the date of conclusion of the Purchase Agreement. If the Seller has not fulfilled his obligation to deliver the goods within the time limit according to the first sentence, the buyer shall invite the Seller to deliver the goods within an additional reasonable time limit provided by him. If the Seller fails to deliver the goods even within this additional reasonable period, the buyer shall be entitled to withdraw from the contract.
5.3 The Seller is entitled to invite the buyer to take delivery of the goods even before the expiry of the delivery period agreed in the contract of sale.
5.4 The colour display of the goods on the monitor may not correspond exactly to the actual colour shades as the Buyer will perceive them in reality. The display of colour shades depends, among other things, on the quality of the display monitor or other display equipment used.
5.5 The Buyer shall take delivery of the Goods at the place agreed by the Seller or its agent authorised to deliver the Goods and the Buyer in the Contract of Sale or otherwise at the time prior to delivery of the Goods (the "Place"). The Buyer shall take delivery of the Goods at the time agreed by the Seller or his agent authorised to deliver the Goods and the Buyer in the Contract of Sale or otherwise at the time prior to delivery of the Goods (the "Time Scope").
5.6 Where the Seller delivers the Goods to the Buyer at the Place and within the Time Scope, the Buyer shall collect the Goods in person or arrange for the Goods to be collected by a person authorised by the Seller to collect the Goods in the Buyer's absence and shall sign a record of the payment of the Purchase Price and the delivery and handover of the Goods. The third party authorised to take delivery of the goods must provide the Seller with a copy of the acceptance of the order. The goods shall be deemed to have been delivered and accepted upon delivery of the goods to the Buyer. Delivery of the Goods to the Buyer means delivery of the Goods to the Place, acceptance of the Goods by the Buyer or a third party authorised by the Buyer and the signing of a record of payment of the Purchase Price and delivery and handing over of the Goods by the Buyer or a third party authorised by the Buyer.
5.7 If the delivery of the Goods has to be repeated due to the Buyer's absence from the Place and within the Time Scope, or if the Buyer fails to take delivery of the Goods within 7 days after the expiry of the Time Scope without prior written cancellation of the Purchase Contract, the Seller shall be entitled to claim damages in the amount of the actual cost of attempting to deliver the Goods to the Place unsuccessfully.
5.8 The Purchase Contract is concluded with a termination clause with the proviso that if the Buyer fails to pay the agreed Purchase Price to the Seller in accordance with clause 4.2 of these Terms and Conditions within 15 days of the Seller's request to take delivery of the Goods, the Contract shall be terminated from the outset, the Parties shall refund or compensate each other for all consideration received and the Seller shall become free to dispose of the Goods ordered.
5.9 The Buyer is entitled to inspect the consignment, i.e. the goods as well as their packaging immediately after delivery in the presence of a representative of the Seller. In the event of discovering the existence of a defect in the goods and/or if the shipment is incomplete (lower number of pieces of goods, or the ordered goods are missing), the Seller's representative is obliged, at the request of the buyer, to draw up a record of the damage indicating the extent and nature of the defect in the goods, the correctness of which shall be confirmed by the buyer. On the basis of the record thus made and delivered to the Seller, the buyer may subsequently refuse to accept the defective goods delivered or confirm the delivery of the defective goods and subsequently, in accordance with Article 8 of these terms and conditions, assert liability for defects in the goods with the Seller or with another person of whom the Seller notified the buyer before the conclusion of the contract or before the dispatch of the order (hereinafter referred to as the "designated person"). If the Buyer refuses to take delivery of the defective goods, the Seller shall bear all costs reasonably incurred in returning the goods to the Seller.
5.10. The Buyer shall be entitled to withdraw from the contract of sale in the event of non-delivery of the goods by the Seller within the period specified in clause 5.2. of these Terms and Conditions and the Seller shall be obliged to refund to the Buyer the part of the purchase price already paid without undue delay, but no later than within 14 days of receipt of the withdrawal from the contract of sale, in the same manner as used by the Buyer in its payment, unless the Seller agrees with the Buyer on a different method of refund without charging the Buyer any additional fees.
6. Purchase price
6.1 The purchase price for the Goods agreed in the Purchase Contract between the Seller and the Buyer is set out in the Order Acceptance (the"Purchase Price"). If the Purchase Price stated in the Order Acceptance is higher than the price for identical Goods stated in the e-commerce offer at the time of the Buyer's order submission, the Seller shall deliver an electronic message to the Buyer informing the Buyer of the offer of a new Purchase Price at a different amount, which shall be deemed to be the Seller's proposal to enter into a new Purchase Contract, which must be expressly confirmed by the Buyer by e-mail or in writing in order for the Purchase Contract to be validly concluded.
6.2 The Buyer is obliged to pay the Seller the purchase price including the delivery costs in cash or by credit card upon personal receipt of the goods, by cash on delivery at the place of delivery of the goods, by online credit card upon placing the order or by wire transfer to the Seller's account, as indicated in the order acceptance or on the Seller's website at the time prior to receipt of the goods.
6.3 If the Buyer pays the purchase price to the Seller by wire transfer, the date of payment shall be deemed to be the date on which the full purchase price has been credited to the Seller's account.
6.4 The Buyer is obliged to pay to the Seller the purchase price for the agreed goods within the period according to the purchase contract, but at the latest upon receipt of the goods.
6.5 If the Buyer fails to pay the Seller the full purchase price by the time the Goods are delivered to the Site and the parties have not agreed to pay the purchase price for the Goods in instalments, the Seller shall be entitled to refuse delivery of the Goods to the Buyer.
6.6 Costs associated with the assembly and removal of the Goods are not included in the Purchase Price and the Seller shall not be obliged to provide such services to the Buyer.
7. Acquisition of ownership and transfer of risk of damage to the goods
7.1 Upon acceptance of the goods at the agreed place, the ownership of the goods passes to the buyer. A buyer who does not meet the definition of a consumer as set out in Section 52 (4) of the Civil Code shall only acquire ownership of the goods by paying the full purchase price for the goods.
7.2 The risk of damage to the goods shall pass to the buyer at the time when the buyer or a third party authorised by the buyer takes delivery of the goods from the Seller or his agent authorised to deliver the goods, or if he fails to do so in time, at the time when the Seller allows the buyer to dispose of the goods and the buyer fails to take delivery of the goods.
8. Liability for defects
8.1 The Seller shall be liable for any defect in the goods sold which is present at the time of delivery and which becomes apparent within two years of the delivery of the goods. In the case of second-hand goods, the parties may agree on a shorter period of the Seller's liability for defects, but not less than one year from the delivery of the goods. If the defect manifests itself before the expiry of this period, it shall be presumed that the goods were already defective at the time of delivery. This shall not apply if the contrary is proved or if this presumption is incompatible with the nature of the goods or the defect.
8.2 If the object of the purchase is a digital item where the digital content or digital service is to be supplied continuously for the agreed period, the Seller shall be liable for any defect that occurs or manifests itself during the entire agreed period, but at least for two years from the delivery of the digital item.
8.3 If the Seller is liable for a defect in the goods sold, the buyer has the right against the Seller to have the defect rectified by repair or replacement (§ 623 of the Civil Code), the right to a reasonable discount on the purchase price or the right to withdraw from the contract of sale (§ 624 of the Civil Code).
8.4 The buyer may exercise the rights of liability for defects only if he/she has pointed out the defect within two months from the discovery of the defect, but at the latest until the expiry of the Seller's liability period for defects.
8.5 The Seller or a designated person shall provide the buyer with a written confirmation of the defect immediately after the buyer has pointed out the defect. In the acknowledgement of the defect, the Seller shall specify the period within which the defect shall be rectified. This period may not be longer than 30 days from the date of the defect, unless a longer period is justified by an objective reason beyond the control of the Seller.
8.6 The Seller or a designated person shall issue the buyer with a confirmation of the defect in a suitable form chosen by the Seller, e.g. in the form of an e-mail or in writing, in which the Seller is obliged to precisely identify the defects in the goods and to inform the buyer once again of his/her rights under Sections 623 and 624 of the Civil Code.
8.7 The Buyer has the right to choose to have the defect removed by replacing the goods or repairing the goods. The Buyer may not choose a method of removing the defect which is not possible or which would cause unreasonable costs to the Seller in comparison with the other method of removing the defect, taking into account all the circumstances.
8.8 If the defect is one that can be remedied, the Buyer may request that it be remedied free of charge. the Seller shall remedy the defect within a reasonable period of time. Reasonable time means the shortest time the Seller needs to assess the defect and to repair or replace the goods, taking into account the nature of the goods and the nature and severity of the defect.
8.9 The Seller may refuse to remedy a defect if repair or replacement is not possible or would involve disproportionate costs in all the circumstances.
8.10 For the purpose of repair or replacement, the Buyer shall hand over or make the goods available to the Seller or a person appointed by the Seller.
8.11 The Seller shall deliver the repaired or replacement Goods to the Buyer at the Buyer's expense in the same or similar manner as the Buyer delivered the defective Goods to the Seller, unless the parties agree otherwise. If the Buyer fails to take delivery of the Goods within six months of the date on which he should have taken delivery, the Seller may sell the Goods. If the goods are of greater value, the Seller shall give the buyer prior notice of the intended sale and a reasonable additional period of time to take delivery of the goods.
8.12 Immediately after the sale, the Seller shall pay to the buyer the proceeds of the sale of the goods, less the costs reasonably incurred by the Seller in storing and selling the goods, if the buyer claims a right to a share of the proceeds within a reasonable period of time specified by the Seller in the notice of the intended sale of the goods.
8.13. If the Seller refuses liability for defects, he shall notify the buyer in writing of the reasons for the refusal. If the Buyer proves the Seller's liability for the defect by an expert opinion or a professional opinion issued by an accredited person, authorised person or notified person, the Buyer may raise the defect repeatedly and the Seller may not refuse liability for the defect.
8.14. The Buyer shall be entitled to reimbursement from the Seller for the costs reasonably incurred in connection with pointing out a defect for which the Seller is liable and exercising the rights of liability for the defect. The buyer must exercise his right with the Seller within two months at the latest from the delivery of the repaired or replacement goods, payment of the price discount or refund of the price after withdrawal from the contract, otherwise the right shall expire.
8.15. The Buyer is entitled to a reasonable discount on the purchase price or may withdraw from the contract of sale without giving a reasonable additional period of time if the Seller has not repaired or replaced the goods or the Seller has refused to rectify the defect on the basis of clause 8.9, or the goods have the same defect despite the repair or replacement of the goods, or the defect is of such a serious nature that it justifies an immediate reduction of the purchase price or withdrawal from the contract, or the Seller has declared, or it is obvious from the circumstances, that he will not remedy the defect within a reasonable period of time or without causing serious inconvenience to the buyer.
8.16. If the contract relates to the purchase of more than one good, the buyer may withdraw from the contract only in relation to the defective good. In relation to the other goods, he may only withdraw from the contract if he cannot reasonably be expected to have an interest in retaining the other goods without the defective goods.
8.17 The buyer may not withdraw from the contract of sale pursuant to clause 8.15 if the buyer has contributed to the defect or if the defect is insignificant.
8.18. After the Buyer has withdrawn from the contract and returned the goods to the Seller, the Seller shall refund the purchase price to the Buyer no later than 14 days from the date of return of the goods or upon proof that the Buyer has sent the goods to the Seller, whichever is earlier. the Seller shall refund the purchase price or pay the discount to the buyer in the same way as the buyer used when paying the purchase price, unless the buyer expressly agrees to a different method of payment.
8.19. Article 8 of these Terms and Conditions applies to the handling of liability for defects. The Buyer has been duly notified and informed of the terms and conditions and the method of exercising liability for defects in the goods, including details of where liability for defects can be exercised, by placing these terms and conditions on the relevant sub-page of the Seller's e-shop, and the Buyer has had the opportunity to read them at the time prior to the dispatch of the order.
8.20. Liability for defects applies to goods purchased by the Buyer from the Seller via the eCommerce website of the Seller's eCommerce website.
8.21. If the goods are defective, the Buyer has the right to assert liability for defects at the Seller's establishment or at the designated person by delivering the goods to the Seller's establishment or the designated person's establishment and delivering to the Seller or the designated person the Buyer's expression of intent to assert his/her right (hereinafter referred to as the "Notice of Defects"), e.g., in the form of a completed form for asserting liability for defects, which is located on the relevant sub-page of the Seller's eCommerce website. the Seller recommends insuring the goods when sending them. Neither the Seller nor the designated person accepts deliveries on delivery. The Buyer is obliged to truthfully state all the required information in the Defect Notification, in particular to indicate precisely the type and extent of the defect in the goods; the Buyer shall also indicate which of his rights arising from Section 623 of the Civil Code he claims. The list of designated persons is provided on the relevant subpage of the e-shop or sent to the buyer by the Seller at his request.
8.22. Proceedings concerning liability for defects in goods that can be delivered to the Seller shall commence on the day when all of the following conditions are met cumulatively:
(a) delivery of the Notice of Defective Goods to the Seller or a designated person,
(b) delivery of the goods by the buyer to the Seller or a designated person,
c) delivery of access codes, passwords, etc. to the goods to the Seller or designated person, if such data is necessary for the identification of the defect in the goods and the repair of the goods;
8.23. If the subject of the defect is goods that cannot be objectively delivered to the Seller - the goods are fixed or oversized goods assembled by one-time non-removable joints, e.g. by gluing, riveting, welding, soldering, etc. - (hereinafter referred to as "Undeliverable Goods"), the Seller may agree with the Buyer that the Seller will assess such goods in person or through a person appointed by the Seller directly at the Buyer's premises. In such case, the Buyer shall, in addition to meeting the conditions under clauses 8.22(a) and (c) of these Terms and Conditions, provide all necessary assistance for the inspection of the Undeliverable Goods by the Seller or a third party authorised by the Seller. Proceedings in respect of the Undeliverable Goods shall commence on the date on which the inspection of the Undeliverable Goods has been carried out pursuant to the first sentence. However, if the Seller or a third party authorised by the Seller in agreement with the buyer fails to arrange for the inspection of the Undeliverable Goods within a reasonable period of time, but no later than 10 days from the delivery of the Notice of Defect to the Seller, the proceedings shall commence on the date of delivery of the Notice of Defect to the Seller.
8.24 In rectifying the defect, the Seller shall arrange for the removal of the goods and the installation of the repaired goods or replacement goods if the replacement or repair of the goods so requires.
8.25. the Seller is liable for a defect caused by incorrect assembly or installation of the goods, digital content or digital service within the meaning of section 619(4) of the Civil Code.
8.26. The Buyer is entitled to decide which of its rights within the meaning of Section 623 of the Civil Code it exercises and is also obliged to deliver the information about its decision to the Seller or the authorised person without delay. On the basis of the buyer's decision which of his rights within the meaning of § 623 of the Civil Code he exercises, the Seller or the designated person is obliged to determine the manner of handling the claim of liability for defects.
8.27. Liability does not apply to defects on the basis of which the buyer and the Seller agreed on a reduced price at the time of conclusion of the contract and of which the buyer should have known, taking into account this circumstance.
8.28. the Seller is not liable for defects in the goods:
(a) if the Buyer has not exercised its right concerning the Seller's liability for defects in the goods until the expiry of the Seller's liability period for defects in the goods,
b) if the defect in the goods is mechanical damage to the goods caused by the Buyer,
c) if the defect in the goods is caused by the use of the goods in conditions which do not correspond in their intensity, humidity, chemical and mechanical effects to the natural environment of the goods,
d) if the defect in the goods has been caused by unprofessional handling, operation or neglect of the care of the goods,
e) if the defect in the goods has been caused by damage to the goods by excessive loading or by use contrary to the conditions set out in the documentation or the general principles of normal use of the goods,
f) if the defect in the goods is caused by damage to the goods caused by unavoidable and/or unforeseeable events,
g) if the defect in the goods is caused by accidental deterioration and accidental deterioration of the goods,
h) if the defect in the goods has been caused by unprofessional intervention, water damage, fire, static or atmospheric electricity or other acts of God,
i) if the defect in the goods is caused by tampering with the goods by an unauthorised person.
If the consignment is incomplete, or if it is an obvious defect which the Buyer could have detected by inspecting the consignment upon delivery of the goods and which the Buyer did not notify to the Seller's representative in accordance with clause 5.9 of these Terms and Conditions, a later allegation of a defect of this kind shall only be accepted if the Buyer proves that the goods already had the alleged defects at the time of their receipt by the Buyer.
8.29. the Seller will inform the buyer of the result of the handling of the defect complaint immediately after the end of the procedure by telephone or e-mail and will also receive a proof of the handling of the defect complaint together with the goods or by e-mail.
8.30. Shipped sports nutrition goods, food in gift baskets and pet food have a minimum shelf life of more than 2 months before the expiry date; in the event of a shorter expiry date, the Seller shall contact the buyer by telephone or e-mail and the shipment shall only be sent with the buyer's consent.
8.31. In case of exchange of the goods for a new one, the Buyer will receive a document on which the information about the exchange of the goods will be indicated, and any further claims of liability for defects shall be applied on the basis of the purchase contract and this document. In the event of replacement of the goods with new goods, the warranty period shall start again from the receipt of the new goods, but only for the new goods.
8.32. The handling of the claimed liability for defects shall only apply to defects specified in the Notice of Defect and in the Confirmation of Defect of the Goods pursuant to clause 8.6 of these Terms and Conditions.
8.33. The Buyer's right to assert liability for defects in the Goods after having exercised its right and requested the Seller to remedy the defect in the Goods pursuant to clause 8.3 of these Terms and Conditions shall be exhausted and, regardless of the outcome of the defect liability proceedings, any re-assertion of the same unique defect (not a defect of the same kind) without the submission of an expert report or expert opinion issued by an accredited, authorised or notified person shall be refused.
8.34. The provisions of Article 8 of these Terms and Conditions expressly do not apply to entities that do not meet the definition of a consumer set forth in Section 52(4) of the Civil Code.
9. Withdrawal from the contract of sale
9.1. If the Seller is unable to fulfil his obligations under the purchase contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer or supplier of the goods agreed in the purchase contract has discontinued production or made changes so serious that it is impossible to fulfil the Seller's obligations under the purchase contract or due to force majeure or if, even after making every effort to do so, which can be fairly demanded of him is not able to deliver the goods to the Buyer within the period specified in these terms and conditions, the Seller is obliged to inform the Buyer of this fact without delay and at the same time he is obliged to offer the Buyer an alternative performance or an opportunity for the Buyer to withdraw from the contract of sale, respectively. If the purchase contract has not yet been concluded. The Buyer may cancel the order by telephone or by e-mail. If the Buyer does not accept the substitute performance offered by the Seller or withdraw from the Purchase Contract within a reasonable period of time, the Seller shall be entitled to withdraw from the Purchase Contract and, if the Buyer has already paid the Purchase Price or part thereof, the Seller shall be obliged to refund the Purchase Price or part thereof already paid within 14 days from the date of delivery of the withdrawal from the Purchase Contract to the Buyer.
If the Seller is unable to deliver the goods to the buyer at the price stated in the order for the reasons stated above and notifies the buyer of this fact before binding acceptance of the order, the Seller is not obliged to accept the buyer's proposal to conclude the purchase contract.
If the Buyer withdraws from the purchase contract or cancels the order for the reasons set out in this clause of these terms and conditions, the Seller is obliged to refund the Buyer the deposit already paid for the goods agreed in the purchase contract without undue delay, but no later than within 14 days from the date of receipt of the notice of withdrawal from the contract in the same way as the Buyer used for his payment, unless he agrees with the Buyer on a different method of refund without charging the Buyer any additional fees.
9.2 The Buyer shall be entitled to withdraw from the Purchase Contract without giving any reason in accordance with § 19 et seq. Act within 14 days from the date of receipt of the goods, or from the date of conclusion of the contract for the provision of services or the contract for the supply of digital content, which the Seller delivers other than on a tangible medium, if the Seller has timely and properly fulfilled the information obligations pursuant to Section 15 of the Act.
9.3 Within this period, the Buyer has the right to unpack and test the goods after receipt in a manner similar to that customary when purchasing in a traditional "brick-and-mortar" shop, to the extent necessary to ascertain the nature, characteristics and functionality of the goods.
9.4 The withdrawal period begins on the day on which the buyer or a third party designated by the buyer, with the exception of the carrier, takes delivery of all parts of the ordered goods, or if
a) the goods ordered by the Buyer in a single order are delivered separately, from the date of receipt of the goods which were delivered last,
(b) he delivers goods consisting of several parts or pieces, from the date of acceptance of the last part or piece,
(c) he supplies goods repeatedly under contract over a specified period, from the date of receipt of the first goods supplied.
9.5 The buyer may also withdraw from the contract of sale, the subject of which is the purchase of the goods, before the withdrawal period has started.
9.6 The Buyer may exercise the right to withdraw from a distance contract in paper form or in the form of a record on another durable medium. The Buyer may use the model withdrawal form, which is attached as Annex 1 to these Terms and Conditions and which is available for download on the Seller's website.
9.7 The withdrawal form pursuant to the preceding clause of these Terms and Conditions must contain information on the basis of which the Seller is able to identify clearly and without any doubt the order and the product which the Customer wishes to return. Such information includes, for example, the information required in the model withdrawal form, which forms Annex 1 to these terms and conditions and which is available for download on the Seller's website: identification of the buyer, date or order number, name and specification of the goods. We recommend that you also indicate the preferred method by which the Seller should return the goods already received, in particular the account number and/or postal address of the buyer.
9.8 The Seller shall provide the Buyer with a confirmation of receipt of the withdrawal notice on a durable medium immediately after receipt of the withdrawal notice, if the Buyer has withdrawn from the Contract by using the special withdrawal function or form available on the Seller's online interface.
9.9 If the Buyer withdraws from the Purchase Contract, any ancillary contract relating to the Purchase Contract from which the Buyer has withdrawn shall also be cancelled from the outset. This does not apply if the parties expressly agree on the further duration of the supplementary contract. No costs or other payments may be claimed from the purchaser in connection with the cancellation of the supplementary contract, except for the costs and payments referred to in Sections 21(3) and (5) and 22(3) of the Act and the price for the service, if the subject matter of the contract is the provision of a service and the service has been provided in full.
9.10. The Buyer is obliged to send the goods back to the address of the Operator's registered office without undue delay, but no later than within 14 days from the date of withdrawal from the contract of sale, or to hand them over to the Seller or a person authorised by the Seller to take over the goods. This does not apply if the Seller has offered to collect the goods personally or through a person authorised by the Seller. The time limit under the first sentence of this paragraph of these terms and conditions shall be deemed to have been observed if the goods have been handed over for carriage on the last day of the time limit at the latest.
9.11 The Buyer shall deliver the Goods to the Seller complete, including all documentation, undamaged, preferably in their original packaging and unused.
9.12. the Seller does not accept deliveries on delivery. the Seller is obliged to return to the buyer without undue delay, at the latest within 14 days from the date of receipt of the notice of withdrawal, all payments received from the buyer on the basis of or in connection with the contract of sale, including the costs of transport, delivery and postage and other costs and charges. the Seller shall not be obliged to refund payments to the buyer under this clause of these terms and conditions before the goods have been delivered to the buyer or until the buyer proves that the goods have been sent back to the Seller, unless the Seller proposes to collect the goods in person or through a person authorised by the Seller.
9.13. the Seller is obliged to refund all payments to the buyer to the extent corresponding to the withdrawal from the contract if the buyer has not withdrawn from the entire distance contract but has withdrawn only in relation to specific products. the Seller cannot charge the buyer additional costs for transport, delivery, postage and other costs and fees.
9.14. the Seller shall not be obliged to reimburse the Buyer for additional costs if the Buyer has expressly chosen a delivery method other than the cheapest normal delivery method offered by the Seller. Additional costs means the difference between the cost of delivery chosen by the Buyer and the cost of the cheapest delivery method offered by the Seller.
9.15. The Buyer shall bear the cost of returning the goods to the Seller or to the person authorised by the Seller to take delivery of the goods. This does not apply if the Seller has agreed to bear them himself or if he has not fulfilled his obligation under section 15(1)(g) of the Act.
9.16 The Buyer is liable for any diminution in the value of the goods resulting from handling of the goods which is beyond that necessary to ascertain the characteristics and functionality of the goods. The buyer is not liable for the diminution in value of the goods if the Seller has failed to comply with the information obligation on the buyer's right to withdraw from the contract pursuant to Section 15(1)(f) of the Act.
9.17. the Seller is obliged to refund the purchase price for the goods to the buyer in the same way as the buyer used in his payment, unless the Seller agrees with the buyer on a different method of refund without the buyer being charged additional fees in this regard.
9.18. In the event that the Buyer withdraws from the Contract and delivers to the Seller Goods which are used, damaged or incomplete, the Buyer undertakes to reimburse the Seller:
(a) the value by which the value of the goods has been reduced within the meaning of Section 457 of the Civil Code in the actual amount,
b) the costs incurred by the Seller in connection with the repair of the goods and their restoration to their original condition, calculated in accordance with the price list for the after-warranty service of the goods.
The Buyer is obliged to pay the Seller compensation in accordance with this point of the Terms and Conditions in an amount not exceeding the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the contract of sale.
9.19. Unilateral set-off of claims of the Seller and the buyer arising from the withdrawal from the contract pursuant to § 19 paragraph 1 of the Act is prohibited.
9.20. In accordance with § 19 (1) of the Act, the Buyer may not withdraw from a contract, the subject matter of which are:
- Delivery of goods manufactured to the Buyer's specifications or custom-made goods,
- the delivery of goods which are subject to rapid deterioration or perishability,
- the delivery of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been broken after delivery,
- the delivery of sound recordings, video recordings, audiovisual recordings or software sold in protective packaging which has been damaged after delivery,
- the delivery of goods which, by their nature, may be inextricably mixed with other goods after delivery,
- the supply of digital content other than on a tangible medium, where the supply has been commenced with the express consent of the buyer and the buyer has declared that he has been duly informed that the expression of such consent forfeits the right to withdraw from the contract by commencing the supply of the digital content and the Seller has provided the buyer with confirmation to that effect,
- the provision of the service, where the provision of the service has commenced with the express consent of the buyer and the buyer has declared that he has been duly informed that by expressing that consent he loses the right to withdraw from the contract once the service has been fully provided, and where the service has been fully provided;
9.21. The provisions of Article 9 of these Terms and Conditions expressly do not apply to entities that do not meet the definition of a consumer set out in Section 52(4) of the Civil Code.
10. Final provisions
10.1 If the contract of sale is concluded in writing, any modification thereof must be in writing.
10.2 The parties agree that communication between them shall be in the form of e-mail messages.
10.3 Relationships not regulated by these terms and conditions are subject to the relevant provisions of the Civil Code, the Act, Act No. 22/2004 Coll. No. 128/2002 Coll. No. 284/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments and Additions to Certain Acts, as amended by Act No. 284/2002 Coll. as amended and the Act.
10.4 The consumer has the right to submit a request for redress to the Seller if a dispute arises between the consumer and the Seller arising from the exercise of rights under liability for defects or if the consumer believes that the Seller has violated other consumer rights. If the Seller responds to the request for redress in a negative manner or fails to respond within 30 days from the date of its dispatch, the consumer has the right to submit a proposal for the initiation of an alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments and Additions to Certain Acts.
The competent entity for alternative dispute resolution of consumer disputes with the Seller is the Slovak Trade Inspection P.O.Box 29, Bajkalská 21/A, 827 99 Bratislava, www.soi.sk or another competent authorised legal person registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at https://www.mhsr.sk); the consumer has the right to choose which of the above-mentioned alternative dispute resolution entities he/she will turn to.
10.5 The consumer may use the online dispute resolution platform available at https://ec.europa.eu/consumers/odr/ to submit a proposal for alternative dispute resolution .
10.6 These Terms and Conditions shall become effective against the Purchaser upon the conclusion of the Purchase Agreement.
10.7 Before submitting an order, the Buyer will be asked to confirm by ticking the box that he/she has read these Terms and Conditions, has read them, understands their content and agrees to them in full.
11. Withdrawal from the contract of sale
We determine your satisfaction with your purchase by means of e-mail questionnaires within the framework of the Verified Customers program, in which our e-shop is involved. These are sent to you every time you make a purchase with us, unless, pursuant to Section 116 of the Act No. No. 452/2021 Coll. on electronic communications, as amended, you do not refuse the sending of electronic mail for direct marketing purposes. The processing of personal data for the purpose of sending questionnaires within the framework of the Verified Customers programme is carried out on the basis of our legitimate interest, which consists in ascertaining your satisfaction with your purchase with us. For sending questionnaires, evaluating your feedback and analysing our market position, we use a processing agent, which is the operator of the Heureka.sk portal, to which we may pass information about the goods you have purchased and your email address for these purposes. Your personal data is not passed on to any third party for its own purposes when sending email questionnaires. You can object to the sending of e-mail questionnaires within the framework of the Verified Customers program at any time by refusing further questionnaires using the link in the e-mail with the questionnaire. If you object, we will not send you the questionnaire any further.
These terms and conditions are valid and effective from 1 July 2024