Terms and Conditions

General Terms and Conditions

I.

Basic provision

 

  1. These general terms and conditions (hereinafter referred to as "Terms and Conditions") comply with the provisions of the Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), Act No. 108/2024 Coll., on Consumer Protection and on Amendment of Certain Acts, as amended (hereinafter referred to as the "Consumer Protection Act"), and other relevant generally binding legislation.

 

The operator – seller in the SPIRIDEA Online Shop is the company:

 

Galenoderm s.r.o.

ID: 51 642 921

VAT No.: SK2120739588

registered office: Nobelova 28, 831 02 Bratislava - Nové Mesto

registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Entry No.: 127536/B

Contact details:

email: info@spiridea.com       

phone: +421 2 491 090 33

www.spiridea.com

(hereinafter referred to as the “Seller”)

  1. These Terms and Conditions regulate the mutual rights and obligations between the Seller and the natural person who concludes the purchase agreement (hereinafter referred to as the "Buyer") through the web interface located on the website available at eshop.spiridea.sk (hereinafter referred to as the "Online Shop").
  2. The provisions of the Terms and Conditions form an integral part of the purchase agreement. Any different arrangements in the purchase agreement take precedence over the provisions of these Terms and Conditions.

These Terms and Conditions and the purchase agreement are concluded in the English language.

II.

Information on goods and prices

  1. Information on goods, including the prices of individual items and their main characteristics, is provided for each item in the offer of the Online Shop. The prices of goods are indicated inclusive of value added tax, all related charges and the cost of returning the goods if they cannot be returned by post due to their nature. The prices of the goods remain valid for as long as they are displayed in the Online Shop.
  2. All presentations of goods on offer in the Online Shop serve to provide information and the Seller is not obliged to conclude a purchase agreement regarding these goods.
  3. The Online Shop publishes information concerning the costs associated with the packaging and delivery of goods. The information on packaging and delivery costs provided in the Online Shop applies only when goods are delivered within the territory of the European Union
  4. Any discounts on the purchase price of the goods may not be combined unless otherwise agreed between the Seller and the Buyer. The Seller is obliged to state the previous price of the goods in any notice of a reduction in the price of the goods. The Seller may, when reducing the price of the goods in stages, indicate as the previous price of the goods the original price of the goods before the first reduction in the price of the goods, irrespective of the time of sale or supply of the goods. The previous price of the goods is the lowest price at which the Seller sold the goods:
  • during the 30 days prior to reducing the price of the goods, or
  • since the goods was first sold, in the event that the Seller had been selling the goods for less than 30 days prior to reducing the price of the goods.

 

III.

Purchase order and conclusion of the purchase agreement

  1. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer alone.
  2. The Buyer may place the order in the following ways:
  • if the Online Shop allows a customer account to be opened, the order may be placed through the customer account, following prior registration in the Online Shop;
  • by filling out an order form without registration.
  1. When placing the order, the Buyer shall select the goods, number of items of the goods, and the methods of payment and delivery.
  2. Before submitting the order, the Buyer is allowed to check and change the data they have entered in the order. The Buyer shall submit the order to the Seller by clicking on the "SUBMIT ORDER WITH OBLIGATION TO PAY" button. The information provided in the order is considered correct by the Seller. The order is valid when all mandatory data in the order form have been completed and the Buyer has acknowledged that they have read these Terms and Conditions.
  3. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer at the time of ordering. This confirmation is automatic and shall not be deemed to constitute an agreement. The confirmation shall be accompanied by the Seller's current Terms and Conditions. The purchase agreement is concluded only after the Seller has accepted the order. The notification of acceptance of the order is delivered to Buyer's email address.
  4. In the event that any of the requirements specified in the order cannot be met by the Seller, the Seller shall send the Buyer an amended offer to their email address. The amended offer shall be deemed to be a new draft of the purchase agreement and the purchase agreement shall in this case be concluded by means of Buyer's confirmation of their acceptance of the offer to the Seller at his email address specified in these Terms and Conditions.
  5. All orders accepted by the Seller are binding. The Buyer may cancel an order before the Buyer has received notification of the Seller's acceptance of the order. The Buyer may cancel an order by using the Seller's telephone number or email set out in these Terms and Conditions.
  6. In the event that there has been an obvious technical error on the part of the Seller in the indication of the price of the goods in the Online Shop or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this completely obviously erroneous price even if the Buyer has been sent an automatic confirmation of receipt of the order according to these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to Buyer's email address. The amended offer shall be deemed to be a new draft of the purchase agreement and the purchase agreement shall in this case be concluded by means of Buyer's confirmation of their acceptance to the Seller at their email address.

 

IV.

Customer account

  1. Based on Buyer's registration made in the Online Shop, the Buyer can access their customer account. From their customer account, the Buyer may order goods. The Buyer may also order goods without registration.
  2. When registering for a customer account and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account upon any change. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.
  3. Access to customer account is secured by a user name and password. The Buyer is obliged to keep the information necessary to access their customer account confidential. The Seller shall not be liable for any misuse of the customer account by third parties.
  4. The Buyer is not entitled to allow third parties to use the customer account.
  5. The Seller may terminate the user account, especially when the Buyer has not used their user account for longer than 24 months and has not logged into the account during this period, or in the event of a breach of obligations under the purchase agreement or these Terms and Conditions
  6. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

 

V.

Payment terms and delivery of goods

  1. The price of the goods and any costs associated with the delivery of the goods under the purchase agreement may be paid by the Buyer in the following ways:
    • by wire transfer using a payment card;
    • by wire transfer to the Seller's account via the payment gateway available in the Online Shop;
    • by bank transfer;
    • by payment on delivery of the goods according to the delivery conditions of the post office or courier company.
  2. Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also be deemed to include the costs associated with the delivery of the goods.
  3. In the case of payment through the payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.
  4. In the case of wire transfer, Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
  5. The Seller does not require any deposit or any other similar payment from the Buyer in advance. The payment of the purchase price before dispatch of the goods is not a deposit.
  6. The goods are delivered to the Buyer:
  • at the address indicated by the Buyer in the purchase order.
  1. The method of delivery is selected in the process of ordering the goods.
  2. The cost of delivery of the goods depending on the method of shipment and receipt of the goods is specified in the Buyer's order and in the Seller's order confirmation. In the event that the method of delivery is agreed pursuant to a specific request by the Buyer, the Buyer bears the risks associated with this method of delivery and any additional costs associated with this method of delivery.
  3. If the Seller is obliged under the purchase agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
  4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of any damage to the packaging indicating tampering, the Buyer is not obliged to accept the shipment from the carrier.
  5. The Seller shall issue a tax document – invoice to the Buyer. By completing and delivering the order, the Buyer grants the Seller consent, within the meaning of Section 71(1)(b) in conjunction with Section 76(6) of Act No. 222/2004 Coll. on Value Added Tax, as amended, for the Seller to invoice the price for the goods in electronic form. The tax document is sent to Buyer's email address. The Seller and the Buyer acknowledge that the electronic invoice is a full substitute for a paper invoice and that by issuing an electronic invoice the Seller is no longer obliged to send paper invoices to the Buyer. The Seller has the exclusive right to choose whether to send an electronic invoice or a paper invoice.
  6. The Buyer assumes the right of ownership to the goods by paying the full purchase price for the goods, including the delivery costs; if the Buyer pays the full purchase price for the ordered goods before the delivery of the goods, the ownership right passes to the Buyer at the moment when the purchased goods is put at their disposal. Liability for accidental destruction, damage or loss of the goods shall pass to the Buyer at the time of acceptance of the goods or at the time when the Buyer was obliged to accept the goods but failed to do so in breach of the purchase agreement.
  7. Unless a different delivery period is specified for specific goods, the Seller shall deliver the goods to the Buyer following their confirmation of the order to the Seller within 30 days from the date of acceptance of the order; when payment is made in advance by bank transfer or through the payment gateway, the delivery period is calculated from the date on which the funds at the amount of the order, including the cost of transport (postage), were credited to the Seller's bank account.
  8. If the Seller is unable to deliver the goods to the Buyer within the 30-day period referred to in the preceding sentence of these Terms and Conditions, the Seller shall immediately notify the Buyer of this fact by sending an e-mail and, if the Buyer has already paid for the ordered goods, the Seller shall refund the purchase price paid to the Buyer within 15 days of the expiry of the period referred to in the preceding sentence of these Terms and Conditions or agree with the Buyer on a substitute performance.
  9. If the Buyer fails to pay for and accept the ordered goods other than in the event of damage to the goods upon delivery (the shipment is returned as undelivered through no fault of the Seller, e.g. if the contractual carrier did not find the addressee, the Buyer inadvertently or intentionally did not accept the shipment, etc.), the Seller may claim compensation for damages caused by the breach of duty. A message will be sent by e-mail to the Buyer who has not received the order, asking if the buyer is interested in repeated delivery of the ordered goods. If the Buyer does not respond to the Seller's invitation within 7 days from the date on which the invitation is sent to Buyer's e-mail address, the Seller has the right to withdraw from the contract. If the Buyer requests repeated shipment of the returned consignment, the Seller shall add to the total price of the shipment of the ordered goods the cost of transport or postage according to the applicable price list. The returned consignment may only be reshipped following a prior payment of the price for the ordered goods, as well as the transport or postage costs.

 

VI.

Withdrawal from agreement

  1. A Buyer who has concluded the purchase agreement as a consumer, i.e. as a natural person who is not acting within the scope of their business or profession in connection with a consumer agreement, an obligation arising therefrom or in the course of a commercial practice, shall have the right to withdraw from the purchase agreement in accordance with this Article of the Terms and Conditions. The right of withdrawal under this Article shall not apply to a Buyer who is a natural person acting within the scope of their business or profession in connection with a consumer agreement, an obligation arising therefrom or in the course of a commercial practice and to a Buyer who is a legal person.
  2. If the Purchase Contract is concluded remotely (via the Online Shop) or outside the Seller's premises, and at the same time if the Seller has timely and properly provided the Buyer with information about the right to withdraw from the purchase agreement, about the conditions, time limit and the procedure for exercising the right to withdraw from the purchase agreement, including the purchase  [in accordance with the provision of Section 15(1)(f) of the Consumer Protection Act], and provided that the statutory requirements are met, the Buyer shall have the right under the Consumer Protection Act to withdraw from the purchase agreement without giving any reason and without any penalty.
  3. The withdrawal period is 14 days from the receipt of the goods or from the receipt of the goods that were delivered last if the ordered goods under the purchase agreement are delivered separately. Furthermore, the Buyer acknowledges that according to the provisions of Section 20(5) of the Consumer Protection Act, the Buyer also has the right to withdraw from the purchase agreement before the delivery of the goods.
  4. The Buyer acknowledges that, in accordance with Section 19(1) of the Consumer Protection Act, the Buyer may not, inter alia, withdraw from a purchase agreement concerning the supply of goods manufactured according to consumer's specifications or custom-made goods, goods that are subject to rapid deterioration or perishable goods, goods enclosed in protective packaging that are not fit to be returned for reasons concerning health and safety or hygiene and whose protective packaging has been breached after delivery, or goods that, due to their nature, may be inextricably mixed with other goods after delivery.
  5. In order to comply with the withdrawal period, the Buyer must send a clear statement expressing their will to withdraw from the purchase agreement within the time limit specified in Article VI(3) of these Terms and Conditions.
  6. To withdraw from the purchase agreement, the Buyer may use the Agreement Withdrawal Form template provided by the Seller. The Buyer shall send the Agreement Withdrawal Form to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Buyer. The form is attached as Annex I to these Terms and Conditions.
  7. The Buyer who has withdrawn from the purchase agreement is obliged to return the goods to the Seller within 14 days of withdrawal from the purchase agreement in accordance with the provisions of Section 21(1) of the Consumer Protection Act. The Buyer shall bear the cost of returning the goods to the Seller, even if the goods cannot be returned by post due to their nature.
  8. If the Buyer withdraws from the purchase agreement, the Seller shall immediately, but no later than 14 days after the withdrawal from the purchase agreement, return to the Buyer all monies, including delivery costs, received from the Buyer, and shall do so in the same manner. The Seller shall only refund the money to the Buyer in a different way if the Buyer agrees to this and if no further costs are incurred. However, the Seller is not obliged to refund the money to the Buyer before the goods have been delivered to them or if the Buyer fails to prove that the goods have been dispatched; this does not apply if the Seller has offered to collect the goods himself.
  9. If the Buyer has chosen a delivery method other than the cheapest delivery method offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest delivery method offered.
  10. The goods must be returned by the Buyer to the Seller undamaged, unworn and unsoiled and in the original packaging. Any decrease in the value of the goods caused by their use beyond what is necessary to ascertain the functionality and characteristics of the goods shall be borne by the Buyer. The Seller shall be entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
  11. The Seller shall be entitled to withdraw from the purchase agreement on grounds of goods being out of stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return, within 14 days of notification of withdrawal from the agreement, all monies, including delivery costs, received from the Buyer under the agreement, and shall do so in the same manner or in the manner specified by the Buyer, as the case may be.

 

VII.

Warranty and Liability for defects

  1. The Seller shall be liable to the Buyer for the goods being defect-free upon receipt. In particular, the Seller shall be liable to the Buyer for the fact that at the time of receipt by the Buyer:
  • the goods have the characteristics agreed between the Parties and, in the absence of such an agreement, the goods have the characteristics described by the Seller or the manufacturer on the website or expected by the Buyer due to the nature of the goods and based on the Seller's related advertising;
  • the goods are fit for the purpose which the Seller states for their use or for which goods of the same kind are commonly used;
  • the goods are of the appropriate quantity, quality or weight; and
  • the goods meet the statutory requirements.
  1. For used goods, the Seller is not liable for defects caused by use or wear and tear of the goods. In the case of goods sold at a lower price, the Seller is not liable for the defect with respect to which the lower price was agreed.
  2. For unused goods, the Seller is liable for defects that occur within the warranty period (warranty) after the goods have been received. The duration of the warranty period is 24 months. If the goods sold, their packaging or the enclosed instructions indicate a period for use, the warranty period shall not expire before the expiry of this period. In the case of goods with a minimum durability date, the warranty period shall be valid until that date. In the case of used goods, the duration of the warranty period is 12 months. Rights arising from the liability for defects in goods with an applicable warranty period shall be extinguished if they are not exercised within the warranty period.
  3. The warranty period starts from the moment of receipt of the goods by the Buyer.
  1. The warranty shall not cover any:
  • defects and damage to the goods resulting from natural or mechanical damage to the goods and their components, including accidental damage;
  • defects and damage to the goods caused by soiling of the goods or their parts due to neglect of maintenance;
  • defects and damage to the goods resulting from the goods being used in conditions which do not correspond to the conditions in which the goods are normally used in terms of temperature, dust levels, humidity, chemical and mechanical effects of the environment;
  • defects and damage to the goods resulting from a natural event;
  • defects and damage to the goods resulting from violent damage to the goods;
  • defects and damage to the goods resulting from a failure to comply with the principles of use of the goods;
  • goods with their warranty period expired;
  • defects and damage to the goods caused by the Buyer themselves.
  1. If the Seller offers the customer an additional free product (gift) with the sold goods, the Buyer may accept the offered product (gift) at their discretion. However, the free goods (gift) are not the goods sold, therefore the Seller is not liable for their potential defects and the statutory warranty does not apply to these goods.
  2. The rights arising from the liability for defects in the goods shall be exercised with the Seller by postal/courier consignment sent to the address of the Seller's registered office. Before sending the postal/courier consignment, the Buyer shall send the Seller a message by e-mail or letter stating that they intend to exercise their rights arising from the liability for defects and describing the defects found in the goods.
  3. If the Buyer files a warranty claim, the Seller or their authorized employee or other designated person shall instruct the Buyer on their rights under the general regulation, either by telephone or by e-mail; based on the Buyer's decision as to which of these rights the Buyer claims, the Seller shall determine the manner of processing the claim immediately, in complex cases no later than 3 working days from the date of the claim, in justified cases, especially if complex technical evaluation of the condition of the goods is required, no later than within 30 days from the date of the claim. After the time limit for processing the claim has expired, the Buyer has the right to withdraw from the agreement or to exchange the goods for a new product.
  4. The warranty procedure may only start after the Buyer has delivered the goods to the Seller. The goods subject to claim must be cleaned and sanitary. The Seller shall have the right to refuse to accept the goods subject to claim or to initiate the warranty procedure if the goods subject to claim do not comply with general sanitary principles. It is recommended to file any complaints without undue delay, preferably as soon as any defect in the goods has become apparent. Any delay and continued use of the goods may aggravate the defect of the goods and eventually result in total deterioration of the goods, which may constitute grounds for the claim to be rejected.
  5. For goods purchased by the Buyer through the Online Shop, claims can be filed by postal/courier consignment sent to the Seller's address. The package must be visibly marked with the words "WARRANTY CLAIM" and contain: the goods subject to claim (including complete accessories), a copy of the proof of purchase of the goods, the warranty certificate (if issued to the Buyer), a letter describing the defect and the manner in which the defect is manifested, as well as sufficient contact details of the Buyer (in particular, the return address, telephone number, e-mail address). Immediately after receipt of the complete claim the Seller shall confirm receipt of the claim via e-mail to Buyer's email address indicated in the claim; if the Buyer does not have an e-mail address, the Seller shall send the claim confirmation to the return postal address indicated in the claim; if the confirmation cannot be delivered immediately, it must be delivered without undue delay, but no later than jointly with the proof of settlement of the claim; the claim confirmation may not be delivered if the Buyer is able to demonstrate their filing of the claim in another way.
  6. The Seller is obliged to issue the Buyer with a written proof of claim settlement within 30 days from the date of the claim.
  7. The warranty procedure cannot be initiated where the Buyer fails to prove that they purchased the goods from the Seller, i.e. fails to submit a copy of the proof of purchase of the goods or the warranty certificate (if issued to the Buyer).
  8. Claim settlement shall mean: completion of the complaint procedure by handing over the repaired goods, replacement of the goods, refund of the purchase price of the goods, reimbursement of a reasonable discount on the price of the goods, written invitation to accept the performance, or its justified rejection.
  9. If the defect in question can be removed, the Buyer has the right to have such defect removed free of charge, in a timely and proper manner; the Seller shall ensure that the defect is removed within a reasonable period of time, i.e. within the shortest time necessary for the Seller to assess the defect and to repair or replace the item, taking into account the nature of the item and the nature and severity of the defect. The Buyer has the right to choose between the defect being removed by replacing the item or by repairing the item. The Buyer may not choose a method for removing the defect that is unfeasible or that would cause the Seller to incur disproportionate costs in comparison with the other method of removing the defect, taking into account all circumstances, in particular the value of the item if it were defect-free, the severity of the defect and whether the other method of removing the defect would cause the Buyer significant inconvenience.
  10. For the purpose of repair or replacement, the Buyer shall hand over or make available the item to the Seller or a designated person, with the Seller bearing the cost of handover of the item. The Seller shall deliver the repaired item or a replacement item to the Buyer at the Seller's expense in the same or similar manner in which the Buyer delivered the defective item to the Seller, unless otherwise agreed. If the Buyer does not take possession of the item within six months of the date on which they should have taken possession of it, the Seller may sell the item. If the item is of a greater value, the Seller shall give the Buyer prior notice of the intended sale and a reasonable additional period of time to take possession of the item. Immediately after the sale, the Seller shall pay to the Buyer the proceeds of the sale of the item after deducting the costs reasonably incurred by the Seller in storing and selling the item, providing that the Buyer has exercised their right to a share of the proceeds within a reasonable period of time specified by the Seller in the notice of intended sale of the item. The Seller may destroy the item at his own expense if they have failed to sell it or if the anticipated proceeds of the sale will not be sufficient to cover even the costs which the Seller has reasonably incurred in storing the item and the costs which the Seller would necessarily have to incur in selling it.
  11. The Seller may refuse to remove a defect if neither repair nor replacement are possible or would require unreasonable expense in the light of all circumstances, including those set forth in the preceding paragraph.
  12. The Buyer may refuse to pay the purchase price or a part thereof until the Seller has fulfilled their obligations arising from the liability for defects, unless the Buyer is in default of their payment of the purchase price or a part thereof at the time of claiming the defect. The Buyer shall pay the purchase price without undue delay after the Seller has fulfilled their obligations. The Buyer may exercise their rights arising from the liability for defects, including the right under this paragraph, only if the Buyer has claimed the defect within two months of discovering the defect, and no later than before the expiry of the warranty period.
  13. The Buyer is entitled to a reasonable discount on the purchase price or may withdraw from the purchase agreement without an additional reasonable period of time being given, if
    • the Seller has not repaired or replaced the item;
    • the Seller has refused to remove the defect on the grounds that repair or replacement is not possible or would involve disproportionate costs in the light of all circumstances;
    • the item has the same defect despite the repair or replacement of the item;
    • the nature of the defect is so serious as to justify an immediate discount on the purchase price or withdrawal from the purchase agreement; or
    • the Seller has declared or it is apparent from the circumstances that they will not remedy the defect within a reasonable time or without causing inconvenience to the Buyer.
  1. The discount on the purchase price must be proportionate to the difference between the value of the item sold and the value which the item would have had if it had been free from defects.
  2. The Buyer may not withdraw from the purchase agreement if the Buyer has contributed to the defect or if the defect is negligible. The burden of proving that the Buyer has contributed to the defect and that the defect is negligible shall be on the Seller.
  3. The Buyer shall, upon withdrawal from the agreement or any part thereof, return the item to the Seller at Seller's expense.
  4. Where the agreement concerns the purchase of more items, the Buyer may withdraw from the agreement only in relation to the defective item. In relation to the other items, they may only withdraw from the agreement if they cannot reasonably be expected to have an interest in retaining the other items without the defective item.
  5. If the Seller refuses liability for defects, the reasons for the refusal shall be notified in writing to the Buyer. If the Buyer proves the Seller's liability for the defect by means of an expert's report or a professional opinion issued by an accredited person, an authorised person or a notified person, the Buyer may claim the defect repeatedly and the Seller may not refuse liability for the defect.
  6. The settlement of the claim is without prejudice to the Buyer's right to compensation for damages under the relevant legislation on liability for damage caused by a defective product, as amended.

 

VIII.

Correspondence

  1. The Parties may deliver all written correspondence to each other by electronic mail.
  2. The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or in the order.

 

IX.

Personal data

  1. All information exchanged between the Buyer and the Seller which is not publicly available shall be confidential. Unless the Buyer gives their written consent, the Seller shall not use their data in any way other than for the purpose of performance of the agreement, except for the email address to which commercial communications may be sent, as this is allowed due to Seller's legitimate interest, unless the Buyer expressly refuses it. These communications may only concern similar or related goods and may be unsubscribed from at any time by simple means (by sending a letter, email or by clicking on a link in the commercial communication). The email address will be kept for this purpose for a period of 3 years from the conclusion of the last agreement between the parties.
  2. For a more detailed information on the protection of personal data, the Buyer can refer to the privacy policy HERE.

  

X.

Out-of-court dispute settlement

  1. The Buyer has the right to apply to the Seller for redress if they are dissatisfied with the manner in which the Seller has dealt with their complaint or if they believe that the Seller has violated their rights. The Buyer who is a consumer has the right to submit an application for alternative dispute resolution (hereinafter referred to as the "Application") to an alternative dispute resolution body if the Seller has responded to the Application pursuant to the preceding sentence in a negative manner or has not responded to it within 30 days from the date of its dispatch. Alternative dispute resolution shall not apply to disputes where the value of the dispute does not exceed EUR 20.
  2. The Slovak Trade Inspection, with its registered office at P.O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, website: https://www.soi.sk/sk, is the competent authority for out-of-court settlement of consumer disputes arising from a purchase agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from a purchase agreement.
  3. The European Consumer Centre Slovakia, with its registered office at Mlynské nivy 44/A 827 15, Bratislava 212 Slovakia, website: https://esc-sr.sk/, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and supplementing Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
  4. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out by the competent Trade Authority within the scope of its competence. Within the defined scope, the Slovak Trade Inspection shall supervise, inter alia, compliance with the Consumer Protection Act and the Act on Consumer Protection in Distance Selling.

 

XI.

Final provisions

  1. These Terms and Conditions are governed by the law of the Slovak Republic with an exclusion of the application of conflict-of-laws rule. These Terms and Conditions exclude the application of the provisions of the 1980 United Nations Treaty on Contracts for the International Sale of Goods and any successor instrument. Disputes arising under or in connection with these Terms and Conditions shall be subject to the jurisdiction of the courts of the Slovak Republic, while buyers who are consumers may also bring action against the Seller in the courts of the Member State of the European Union in which the consumer is domiciled.
  2. If any provision(s) of these Terms and Conditions becomes ineffective or invalid, this shall not affect the validity and effectiveness of the remaining provisions of these Terms and Conditions, unless the provisions in question are mutually indissociable. In such case, the Seller and the Buyer undertake to replace the ineffective provision with an effective provision and the invalid provision with a valid provision in such a way that it corresponds as closely as possible to the originally intended content and purpose of the ineffective or invalid provision. Pending replacement pursuant to the preceding sentence of these Terms and Conditions, the relevant provisions of generally binding legislation shall apply.
  3. The Terms and Conditions shall apply to the contractual relationship between the Buyer and the Seller as displayed on the Seller's website on the date on which the Seller sends the order confirmation to the Buyer. The Seller shall send in electronic .pdf format a valid and effective copy of the Terms and Conditions, which the Buyer has had the opportunity to familiarize himself with on the website of the Online Shop and to which they have agreed before sending the order in the process of its conclusion by ticking the appropriate box, together with the Buyer's order confirmation.
  4. The Seller reserves the right to change these Terms and Conditions. The obligation to notify changes to the Terms and Conditions is fulfilled by placing them on the website, while the changed Terms and Conditions shall not apply to legal relations between the Seller and the Buyer that arose before the publication of the modified version of the Terms and Conditions on the website of the Online Shop.
  5. The Seller is not bound by any code of conduct, as defined in Section 2(l) of the Consumer Protection Act, in relation to the Buyer.
  6. All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logo and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the Seller's consent.
  7. The Seller shall not be liable for errors resulting from third party interference with the Online Shop or from its use contrary to its intended use. The Buyer shall not use any procedures in the use of the Online Shop that could have a negative impact on its operation and shall not carry out any activity that could allow them or third parties to interfere with or make unauthorised use of the software or other components constituting the Online Shop and use the Online Shop or its parts or software in a way that would be contrary to its intended use or purpose.
  8. The Seller shall not be in default of their obligations during the period of force majeure. Force majeure means a circumstance which has occurred independently of the Seller's will, is unforeseeable, insurmountable and unavoidable, in particular a flood, fire, earthquake or other natural event or catastrophe, emergency, riot, insurrection, strike, invasion, war, state of war, state of emergency, terrorism, supply chain restriction or failure, epidemic/pandemic or outbreak of contagious disease (e.g. COVID-19 disease caused by the SARS-CoV-2 coronavirus), a change in legislation, including the enactment of new legislation, or generally binding measures issued by public authorities, including quarantine measures, embargoes, export or import restrictions or other prohibitions and orders.
  9. The purchase agreement, including the Terms and Conditions, is archived by the Seller in electronic form.
  10. The Agreement Withdrawal Form template is attached to the Terms and Conditions.

 

The present Terms and Conditions become effective as of 07.03.2025.