GENERAL TERMS AND CONDITIONS

AND PERSONAL DATA PROTECTION TERMS

The company HR Profil sro, IČO  51967189, with its registered office at Drieňová 16940/1H 821 01 Bratislava – Ružinov city district, e-mail address:  info@bratislava-kuzlove.sk , issues the following general terms and conditions of business and personal data protection. If you intend to place an order or are interested in more information regarding the purchase of goods on the website www.bratislava-kuzlove.sk, please pay attention to Part A of these terms and conditions. If you grant HR Profil sro consent to the processing of personal data or are interested in more information regarding the processing of personal data obtained when placing an order and using the website www.bratislava-kuzlove.sk, please pay attention to Part B of these terms and conditions, which is located at the end.

PART A: GENERAL TERMS AND CONDITIONS

 I.  Definitions

For the purposes of these Terms and Conditions, the following applies:

  1. “Seller” is the company HR Profil sro, with its registered office at Drieňová 16940/1H, 821 01 Bratislava, Company ID: 519 671 89, Tax ID: 2120848323, registered in the Commercial Register kept by the Municipal Court Bratislava III, Section Sro, Insert No. 131719/B, email contact: info(at)bratislava-kuzlove.sk, telephone contact: +421 904 525 534. When concluding and fulfilling the purchase contract according to these terms and conditions, the Seller acts within the scope of its business activities;
  2. “Buyer” means a person who is interested in concluding or will conclude a purchase contract with the Seller via the website www.bratislava-kuzlove.sk;
  3. “Consumer” means a Buyer who, when concluding and performing a purchase contract with the Seller, is not acting within the scope of his profession, business activity or other professional or independent gainful activity;
  4. “Entrepreneur” means the Buyer who, when concluding and fulfilling the contract with the Seller, acts within the scope of his profession, the subject of his business activity or other professional or independent gainful activity;
  5. “Registered User” means a person who registers in the Online Store for the purpose of using services related to online registration;
  6. “Parties” means the Seller and the Buyer;
  7. “Contract” means a purchase contract concluded between the Seller and the Buyer via the website www.bratislava-kuzlove.sk;
  8. “Internet store” means a store operated under the domain www.bratislava-kuzlove.sk.

 II. Introductory provisions

  1. These terms and conditions apply to the conclusion of contracts using means of distance communication, the subject of which is goods offered in the Seller’s Online Store, and are an integral part of the Contract.
  2. Unless otherwise provided for in a written agreement between the Seller and the Buyer or by law, these Terms and Conditions shall apply to all relations between the Seller and the Buyer. By concluding the Agreement, the Contracting Parties, in accordance with the provisions of Article 6(2) of Regulation No. 593/2008/EC, have agreed that issues not regulated by these Terms and Conditions shall be governed by the generally binding legal regulations of the Slovak Republic (hereinafter collectively referred to as the ” Applicable Law “). In the event that the Buyer is a Consumer and some of his rights and obligations under these Terms and Conditions and the Applicable Law are regulated differently by the law of the country to which the Online Store is directed and in which the Consumer has his domicile, the legal regulation that is more favorable to the Consumer shall apply.

III. Goods

  1. The web interface of the Online Store contains information about the goods intended for sale by the Seller, including their main features, price, payment options, shipping options and other information related to the specific goods.
  2. The purchase price of goods in the Online Store is stated including VAT, if the Seller is registered for VAT. The purchase price of goods remains valid for the period for which it is stated for the relevant goods in the Online Store.
  3. If two different amounts are listed for goods on the Website, one of which is crossed out, the crossed out amount is for informational purposes only and the purchase price is the lower amount that is not crossed out.
  4. All information regarding the goods provided in the Online Store, e.g. description of the goods, specification of its main features, photographs, etc., is information available to the Seller at the time of their publication, while the goods may in fact differ in some way from this information. The Seller reserves the right to make minor adjustments to the description of the goods in order to bring it into line with reality.
  5. Offers of goods placed in the Online Store are limited in time and quantity, as stated in specific cases for goods in the Online Store or as part of the trailer regarding the Seller’s marketing campaigns.
  6. The Seller reserves the right to limit the maximum number of purchases that an individual Buyer can make for a specific item in order to ensure a fair purchasing opportunity for all Buyers.

 IV. Information before concluding the Contract and the procedure for concluding the Contract

  1. Before concluding the Contract, the Seller shall notify the Consumer of the following information:
    • Possible payment methods are listed in Article VI of these Terms and Conditions and the method of delivery of goods is listed in Article V of these Terms and Conditions;
    • Only those restrictions specified in Article III of these Terms and Conditions apply to the delivery of goods;
    • The cost of delivering goods is stated in Article V of these Terms and Conditions;
    • Information on the warranty and rights arising from defective performance, as well as other conditions for exercising these rights, are set out in Article VIII of these Terms and Conditions;
    • The contract is not concluded for an indefinite period and its subject matter is not repeated performance;
    • The Consumer is not obliged to pay any deposit or other similar payment before concluding the Contract, unless otherwise specified when creating the order. This does not affect the Buyer’s option to choose online payment for the purchase price and shipping costs in accordance with Article VI of these Terms and Conditions;
    • More detailed information on the costs of means of distance communication is provided in Art. II. para. 3 of these Terms and Conditions;
    • The costs of using the means of distance communication through which the Contract is concluded are borne in full by the Buyer, the amount of these costs depending on the conditions of the telecommunications service provider used by the Buyer when concluding the Contract. The Seller does not charge any additional fees for the use of the means of distance communication;
    • More detailed information on the exercise of the right to withdraw from the Contract and the form for withdrawing from the Contract are provided in Article VII of these Terms and Conditions;
    • In the event of withdrawal from the Contract, the Consumer shall bear the costs of returning the goods, as specified in Article VII of these Terms and Conditions;
    • The consumer may, within the framework of out-of-court settlement of the complaint, contact the Seller via the address info(at)bratislava-kuzlove.sk, and may also file a complaint against the Seller’s actions with the supervisory or state supervisory authority, which in matters of consumer protection is the Slovak Trade Inspection, Inspectorate for the Bratislava Region, with its registered office at Bajkalská 21/A, 827 99 Bratislava, and in matters of personal data protection, the Office for Personal Data Protection with its registered office at Hraničná 4826/12, 820 07 Bratislava;
    • The Seller is not bound by any codes of conduct in relation to the Consumer or the Registered User.
  2. These terms and conditions are drawn up in the Slovak language. The contract between the Seller and the Buyer is concluded in the Slovak language.
  3. By sending an order through the Online Store, the Buyer agrees to conclude the Contract remotely using means of distance communication.
  4. The technical steps leading to the conclusion of the Contract are as follows:
  • After entering the address of the Online Store in the Internet browser, the Buyer will be shown an offer of goods and the Buyer has the opportunity to choose a specific product;
  • After the Buyer selects a specific item from the Seller’s offer, detailed information about this item will be displayed;
  • The Buyer selects the desired quantity (taking into account possible quantity restrictions within one order) and places the goods in the electronic shopping cart by clicking on the “Add to cart” button, or on another similarly sounding or depicted button. The electronic shopping cart is accessible to the Buyer at any time during the purchase by clicking on the button depicting the cart;
  • Subsequently, the Buyer can click on the button showing the cart to view the contents of the electronic cart or can continue browsing the contents of the Online Store;
  • After clicking on the “Continue” button, or another similarly sounding or depicted button, the Buyer will be shown an overview of the selected goods containing, for each item placed in the electronic shopping cart, the product designation, the selected quantity, the price of the goods and also the total price consisting of the sum of the prices of all items and the shipping price. The Buyer has the opportunity at this time to verify the content of the order and choose the shipping and payment method, and if he wants to change or delete any of the items, he has the opportunity to return to the Online Store via the “Return to Store” button, or another similarly sounding or depicted button;
  • If the Buyer agrees with the content of the order, he/she clicks on the “Continue” button, or on another similarly sounding or depicted button, fills in his/her name and surname, delivery address, telephone number and e-mail address. Without filling in this data, it is not possible to send the order. At the same time, by checking the relevant field (check-box), the Buyer confirms that he/she has read these terms and conditions, which are accessible from this location by clicking on the relevant hypertext link, including all notifications before concluding the Agreement referred to in paragraph 1 of this article;
  • If the Buyer does not request any further changes to the order and the data entered by him, by clicking on the “Send order” button, or on another similarly sounding or depicted button, knowing that the order includes the obligation to pay the price of the ordered goods and the costs of their delivery. The data provided by the Buyer in the order is considered by the Seller to be complete and correct;
  • After submitting the order, the Buyer will be automatically redirected to a website allowing payment by credit card online, if the Online Store offers such a payment option and if the Buyer has chosen it;
  • The contract between the Seller and the Buyer is concluded at the moment of confirmation of the Buyer’s order by the Seller.
  1. If the Buyer includes any note or request in their order, then such note or request does not become part of the Contract and its content is not binding on the Seller.
  2. The Seller shall send the Buyer a proof of purchase and a confirmation of the conclusion of the Contract immediately after the conclusion of the Contract. These terms and conditions of the Seller shall be an integral part of the confirmation of the conclusion of the Contract. By concluding the Contract, the Buyer agrees that the confirmation of the conclusion of the Contract shall be issued and sent to him in electronic form, which shall replace the Seller’s obligation to provide the Buyer with a confirmation in paper form. If, during the automatic processing of the Buyer’s order, an error occurs in the electronic ordering system, which causes the text of the Contract sent in this way to not correspond to the Buyer’s order, the Seller shall be obliged to send the Buyer a corrective e-mail confirming the correct text of the Contract with a notice that this is a corrected text of the Contract and that the previous Contract is invalid because an error occurred in the electronic system.
  3. The Seller stores concluded Contracts and delivered orders in electronic form and stores them for the period specified by law. The Seller does not allow access to archived Contracts to any other person. The Seller will allow the Consumer to access the Contract concluded with the Seller if the Consumer requests it in writing by e-mail sent to the address info(at)bratislava-kuzlove.sk. In such an e-mail, the Consumer is recommended to clearly identify the requested Contract, at least by the date of its conclusion, the subject of the purchase and the number of the relevant order.
  4. The buyer acquires ownership of the delivered goods only upon full payment of the purchase price and the costs of delivering the goods.

 V. Delivery terms and costs of delivery of goods

  1. The goods are delivered to the address that the Buyer provided as the delivery address when completing the order.
  2. Picking up the goods in person at the Seller’s headquarters or at one of its establishments is possible after prior agreement with the Seller, and such a possibility of picking up the goods is associated with a fee for preparing the order for personal pick-up.
  3. If the Buyer has not chosen the personal pickup option, the goods are shipped via the carrier specified in the Buyer’s order. The Seller does not allow the goods to be shipped via a carrier other than those specified in the Online Store during the order process.
  4. The cost of delivery of the goods consists only of the price of transport. The cost of delivery of the goods is paid by the Buyer.
  5. If the delivery time is not specified for a specific product, the Seller is obliged to deliver the ordered product no later than 30 days from the conclusion of the Contract. If the Buyer orders products with different delivery times within one order, the delivery time is the longest of them.
  6. The Buyer is aware that in exceptional cases the delivery time may be extended due to delays caused by unforeseen reasons beyond the Seller’s control.
  7. The Seller informs the Buyer about the shipment of the goods by e-mail to the e-mail address provided when completing the order.
  8. Any additional transport costs incurred as a result of additional requirements of the Buyer after the Seller has handed over the goods for transport, for example due to a subsequent change of the place of delivery at the Buyer’s request, shall be borne by the Buyer. In the event that the Buyer does not accept the goods upon delivery and requests redelivery, he shall bear the costs of redelivery.
  9. In the event of unjustified failure to accept the goods by the Buyer, the Seller is entitled to withdraw from the Contract and exercise its claim for compensation for the damage incurred.
  10. When receiving the goods from the carrier, the buyer is advised to inspect the condition of the shipment and, in the event of any signs of obvious damage (torn or deformed packaging, etc.), he should refuse to accept the shipment and inform the carrier.

 VI. Payment terms

  1. The Buyer may pay the price of the goods and the costs of their delivery using any of the methods available within the Online Store’s offer before placing their order, namely:
  • By transfer to the Seller’s account based on a tax document issued by the Seller;
  • Only in exceptional situations and after personal agreement when delivering goods using the cash on delivery service;
  • In cash upon personal receipt of the goods.
  • By payment card via a payment gateway 

VII. Withdrawal from the Contract

  1. The Consumer is entitled to withdraw from the Contract without giving a reason at any time from the moment of conclusion of the Contract, no later than fourteen days from the date on which he takes over the goods, or if the subject of the Contract is several types of goods or the delivery of several parts, within fourteen days from the date on which he takes over the last part of the goods.
  2. The Consumer’s right to withdraw from the Contract cannot be understood as a right to borrow the goods free of charge. The Consumer is liable to the Seller for any reduction in the value of the goods resulting from handling the goods in a manner other than that which is necessary having regard to their nature and characteristics.
  3. The consumer cannot withdraw from the Contract for the supply of goods in the cases specified in Section 7, paragraph 6 of Act No. 102/2014 Coll., in particular in the case of the sale of goods enclosed in protective packaging, which is not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery. Also, if the goods have a fastener or a tag and the customer breaks or tears it off, withdrawal is no longer possible, since the customer is only required to inspect the goods and not to make any interventions in the product.  
  4. The Consumer may withdraw from the Contract before the ordered goods are shipped to him. In such a case, the Consumer will avoid paying the costs of returning the goods to the Seller, which the Consumer would otherwise bear.
  5. The Consumer may withdraw from the Contract by sending a written notice of withdrawal from the Contract to the address of the Seller’s registered office, by personally delivering a written notice to the address of the registered office or any of the Seller’s stores or by sending this notice to the email address info(at)bratislava-kuzlove.sk. The content of the withdrawal from the Contract should include at least the Consumer’s first and last name, street, house number, postal code, city, date of conclusion of the Contract, order number and the extent to which the Consumer withdraws from the Contract. To withdraw from the Contract, the Consumer may also use the form marked “Form for withdrawal from the contract”, which is an annex to these Terms and Conditions.
  6. If the Consumer withdraws from the Contract in full or in part, he is obliged to return to the Seller the goods in respect of which he withdrew from the Contract, by sending these goods to the address of the Seller’s registered office or by handing them over to any of the Seller’s stores, no later than fourteen days from the withdrawal from the Contract. The Consumer is recommended to attach the completed  Kuzlove Withdrawal Form to the returned goods.
  7. The costs of returning the goods and other costs associated with returning the goods to the Seller are borne in full by the Consumer.
  8. The Seller shall return to the Consumer all the funds provided by the Consumer, i.e. the purchase price of the goods in respect of which the Consumer withdrew from the Contract and the costs of delivery of the goods, without undue delay, no later than fourteen days from the withdrawal from the Contract. In the event that the subject of the Contract was several pieces of goods and the Consumer withdrew from the Contract only in respect of some of these pieces, the Seller shall return to the Consumer the costs of delivery only to this extent, but not the costs of delivery of the remaining pieces of goods in respect of which the Consumer did not withdraw from the Contract.
  9. The Seller is not obliged to refund the purchase price of the goods in respect of which the Consumer withdrew from the Contract, nor the costs of delivering the goods before the Consumer hands over the relevant goods to him or proves that he has sent the goods back to the Seller.
  10. The transfer of any discount coupons to the Consumer is a unilateral legal act of the Seller. If the Consumer withdraws from the Contract regarding the goods for which the discount coupon was used in full or in part, he is not entitled to a refund of the discount coupon in money or to other compensation. The Consumer is always entitled only to a refund of the purchase price actually paid and the costs of delivery of the goods.
  11. The Consumer acknowledges that if gifts are provided with the goods, the gift contract between the Seller and the Consumer is concluded with a termination condition, i.e. if the Consumer exercises his right to withdraw from the Contract, the gift contract loses its effect and the Consumer is obliged to return the goods that were the subject of the Contract, as well as the gifts provided related to them, including everything he has enriched himself with. If these gifts are not returned, their values ​​will be considered unjust enrichment of the Consumer. If the issue of the object of unjust enrichment is not possible, the Seller has the right to monetary compensation in an amount equal to the usual price of the gifts.
  12. If the value of the returned goods is reduced as a result of handling the goods in a manner other than that which is necessary given their nature and characteristics, the Seller may claim compensation from the Consumer. In this case, the Seller is obliged to prove the damage incurred.
  13. The Parties have agreed that in the event of withdrawal from the Contract, the above-mentioned funds will be returned to the Consumer by transfer to the Consumer’s bank account or to a bank account that the Consumer notifies the Seller. If this method is not possible, the funds will be returned to the Consumer in the form of a postal order sent to the Consumer’s address. If the Consumer returns the goods in person at the Seller’s store, the funds will be returned to him in cash.
  14. By concluding the Contract, the Contracting Parties have agreed that the Seller also has the right to withdraw from the Contract under the following conditions. If the Buyer has chosen the method of payment of the purchase price for the ordered goods on delivery, the Seller is entitled to withdraw from the Contract (cancel the order) if the Buyer does not take over the ordered goods properly and on time or if the ordered goods are returned to the Seller after an unsuccessful attempt to deliver them to the Buyer. The Seller is entitled to demand from the Buyer compensation for the transport costs incurred in connection with the unsuccessful delivery of the ordered goods.
  15. If the Buyer has chosen to pay the purchase price by credit card or by transfer to the Seller’s account, the Seller is entitled to withdraw from the Contract (cancel the order) if the Buyer does not receive payment of the Purchase Price for the ordered goods within two days from the date of conclusion of the Contract in the case of payment by card or within the due date stated on the Seller’s tax document in the case of transfer to the Seller’s account.
  16. In the event that specific goods that are the subject of the Contract are no longer produced, not delivered, not in stock, or are accidentally damaged during preparation for shipment, the Seller has the right to withdraw from the Contract (cancel the order) within two days of its conclusion.
  17. The Buyer will always be informed immediately of the Seller’s withdrawal from the Contract. If the Buyer has already paid the price for a specific good or part thereof, this amount will be refunded to the Buyer. The Seller’s valid withdrawal from the Contract is considered to be the sending of a written notice of withdrawal to the Buyer by e-mail to the Buyer’s e-mail address.

VIII. Liability for defects and warranty

  1. The Seller is responsible for ensuring that the goods are free from defects at the time of their acceptance by the Consumer and subsequently for a period of 24 months, i.e. during the statutory warranty period. The Seller is particularly responsible for ensuring that the goods have, at the time of their acceptance by the Consumer and subsequently for a period of 24 months, the quality and properties agreed upon by the Contracting Parties, or, if such an agreement is lacking, the quality and properties described by the Seller or expected by the Consumer in view of the nature of the goods and on the basis of the Seller’s advertising, that the goods are suitable for the purpose stated by the Seller for their use or for which goods of the same type are commonly used, that the goods are in the appropriate quantity, measure or weight and that they comply with the requirements of legal regulations.
  2. The consumer is entitled to make claims for liability for defects in goods within twenty-four months from receipt of the goods.
  3. The consumer is advised to inspect the goods immediately upon receipt and to verify their quality, properties and quantity.
  4. If the goods do not have the properties specified in paragraph 1 of this article of the Terms and Conditions, and the defect can be removed, the Consumer has the right to have it removed free of charge, in a timely manner and properly. The Seller is obliged to remove the defect without undue delay. Instead of removing the defect, the Consumer may also request the replacement of the goods, or if the defect concerns only a part of the goods, the replacement of the part, if this does not cause the Seller unreasonable costs in relation to the price of the goods or the severity of the defect. The Seller may always replace the defective goods with perfect goods instead of removing the defect, if this does not cause the Consumer serious difficulties.
  5. If the defect is irremovable and prevents the goods from being used properly as if they were free of defects, the Consumer has the right to exchange the goods or to withdraw from the Contract. The same rights apply to the Consumer if the defects are removable, but the Consumer cannot use the goods properly due to the recurrence of the defect after repair or due to a large number of defects.
  6. If the Consumer does not exercise the right to delivery of new goods without defects, to exchange a part of it or to repair the goods, or does not withdraw from the Contract, he may request an appropriate discount. The Consumer has the right to an appropriate discount even if the defect is irremovable.
  7. If goods sold at a lower price or used goods have a defect for which the Seller is responsible, the Consumer has the right to a reasonable discount on the price of the goods instead of the right to exchange the goods.
  8. The Consumer may make claims for liability for defects to the Seller by sending or personally delivering the complaint and the defective goods to the address of the registered office or any of the Seller’s stores or by sending the complaint to the email address info(at)bratislava-kuzlove.sk. Together with a description of the defect, the Consumer shall notify the Seller of the claim he has chosen. He is not entitled to subsequently change his choice without the Seller’s consent; this does not apply if the Consumer requested the repair of a defect that turns out to be irreparable.
  9. The goods submitted for complaint should be clean for hygienic reasons, otherwise the Seller may reasonably reject the complaint.
  10. The seller issues a proof of purchase of the goods instead of a warranty certificate.
  11. The Seller shall issue a written confirmation to the Consumer, at his request, of the obligations arising from defective performance to the extent stipulated by law.
  12. The Seller shall confirm to the Consumer in writing when the Consumer’s claim was made, as well as the performance of the repair and its duration, what is the content of the complaint and what method of handling the complaint the Consumer requests. After handling the complaint, the Seller shall confirm to the Consumer in writing the date and method of handling the complaint, or issue a confirmation of the performance of the repair and its duration or a written justification for rejecting the complaint.
  13. The Seller will decide on the complaint immediately, in complex cases within 3 days, and in cases where the assessment of the defect requires a technical assessment of the condition of the goods, no later than 30 days from the date of filing the complaint, unless the Seller and the Consumer agree on a longer period.
  14. The Seller will reimburse the Consumer for the costs of delivering the claimed goods to the Seller if the claim is assessed as justified.
  15. If the complaint is settled by delivering new goods, the ownership of the defective goods shall be transferred to the Seller at the moment of delivery of the new goods to the Consumer. If the complaint is settled by providing an appropriate discount to the Consumer or the Consumer withdraws from the Contract, the Seller shall return the relevant funds to the Consumer by transfer to the Consumer’s bank account or to a bank account that the Consumer notifies the Seller. If this method is not possible, the funds shall be returned to the Consumer in the form of a postal order sent to the Consumer’s address. Exceptions may be agreed with the Seller’s customer support in justified cases.
  16. Gifts and other free services provided free of charge cannot be subject to any claims of the Consumer arising from liability for defects. The Seller is not liable for defects for which a lower price of the goods was agreed between the Contracting Parties.

 IX. Alternative resolution of consumer disputes

The Consumer has the right to contact the Seller with a request for redress if he is not satisfied with the manner in which the Seller has handled his complaint or if he believes that the Seller has violated his rights. If the Seller responds negatively to the Consumer’s request or does not respond at all within 30 days of its sending, the Consumer has the right to submit a proposal to initiate alternative dispute resolution (hereinafter referred to as “ADR”). Only disputes arising from the Contract between the Seller and the Consumer, and disputes related to this Contract, may be resolved through ADR, with the exception of disputes pursuant to the provisions of § 1, paragraph 4 of Act No. 391/2015 Coll. and disputes whose value does not exceed EUR 20. The proposal to initiate ADR is submitted to the ADR entity pursuant to the provisions of § 3 of the cited Act, which is also the Slovak Trade Inspection, using a designated platform or form, the model of which is Annex No. 1 of the cited Act. Other ADR entities are listed on the website http://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1. The ADR entity may request payment of a fee for initiating ADR from the Consumer, up to a maximum of EUR 5 including VAT. If several entities are competent for ADR, the Consumer has the right to choose which of them to submit a proposal to. In addition to ADR, the Buyer has the right to contact the general court with substantive and territorial jurisdiction. The ADR platform is available on the website: https://ec.europa.eu/consumers/odr/main.

 X.  Registration in the Online Store 

  1. A visitor to the Online Store has the option to register in the Online Store and thus become a Registered User.
  2. Registration in the Online Store is a condition for concluding a free contract for the provision of services associated with registration, which consist of creating a user account in the Online Store, obtaining the ability to manage orders in an online environment, obtaining the ability to make future purchases without the need to repeatedly enter contact details or obtaining the ability to track purchase history, i.e. services that would not be possible to provide without registration in the Online Store. The registered user only bears the cost of using the means of distance communication that he uses to access the Online Store and register.
  3. Any complications during registration in the Online Store or errors related to the user account may be reported by the Registered User to the Seller, who is not responsible for ensuring that his system, including the user account, will be available continuously, primarily due to necessary updates and necessary repairs of software and hardware equipment.
  4. The Registered User’s user account is protected by a login email address and password. The Registered User is responsible for securing the login email address and password against loss and misuse.
  5. The Registered User may cancel his/her user account in the Online Store at any time and without any restrictions, i.e. withdraw from the contract for the provision of the above-mentioned services. The User account may also be cancelled by the Seller at the request of the Registered User. The procedures and rights of the Registered User under Articles VII., VIII and IX. of these Terms and Conditions shall apply accordingly.
  6. The Operator may cancel the Registered User’s user account if the Registered User has not used this account for more than 1 year or if the Registered User grossly violates his/her obligations arising from these terms and conditions.
  7. When registering in the Online Store, the personal data of the Registered User is processed. More detailed information on the processing and protection of this data is provided in Part B of these terms and conditions.

 XI.  Contractual relations with Entrepreneurs

  1. If the Entrepreneur refuses to take over the goods that the Seller has delivered to him in accordance with the Contract, the Entrepreneur is in delay in taking over the goods at the moment of refusal and is obliged to pay the Seller a contractual penalty in the amount of 0.1% of the price of the goods for each day of delay until the goods are taken over. Neither the contractual penalty nor its payment affects the Seller’s claim to compensation for damage incurred in connection with the Entrepreneur’s refusal to take over the goods, in particular the claim to compensation for costs associated with the transport of the goods back to the Seller’s warehouse and with the storage of the goods.
  2. In the event of delay by the Entrepreneur in paying the price of the goods, the Entrepreneur is obliged, in addition to the statutory interest on the delay, to pay the Seller a contractual penalty of 0.05% of the price of the goods for each day of delay until full payment. This does not affect the Seller’s claim for compensation for damage incurred by the Seller as a result of the Entrepreneur’s delay.
  3. The Seller reserves the right to withdraw from the Contract for any reason or without giving a reason, in particular if the Entrepreneur has previously withdrawn from a previously concluded Contract without reason, refused to accept the goods or otherwise abused his rights in relation to the Seller, up to the moment of delivery of the goods to the Entrepreneur.
  4. The Entrepreneur is entitled to withdraw from the Contract in accordance with the provisions of the Commercial Code.

XII. Final provisions

  1. These terms and conditions are freely available on the website of the Online Store and the Buyer is allowed to archive and reproduce them, in particular by printing the relevant website, downloading and saving a file in Portable Document Format (pdf) or by saving a file containing these terms and conditions, which the Seller will send to the Buyer as an attachment to an e-mail confirming the conclusion of the Contract.
  2. The Seller reserves the right to change the terms and conditions. The Seller will make the changed terms and conditions available on the website of the Online Store. The wording of the terms and conditions that is attached to the e-mail containing the execution of the Contract is always effective for the Buyer. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the terms and conditions.
  3. In the event that any part of these terms and conditions is invalid or contrary to the law of the Slovak Republic, the other provisions shall remain unaffected by this invalidity.
  4. The Contract Withdrawal Form is attached to these Terms and Conditions.

PART B: PERSONAL DATA PROTECTION TERMS

The following information concerns the processing of personal data of Buyers and/or Registered Users (hereinafter individually referred to as the “ Data Subject ”) by the Seller (hereinafter referred to in this section of the Terms and Conditions as the “ Operator ”). The processing and protection of such personal data is governed by the provisions of Act No. 18/2018 Coll., on the protection of personal data, as amended (hereinafter referred to as the “ Act ”), in conjunction with the provisions of Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Data Protection Regulation (hereinafter referred to as the “ Regulation ”).

 I. Processing of personal data when sending an order

The personal data of the Data Subject that the Operator processes for the purpose of processing orders and fulfilling obligations arising from the Contract are: name and surname, postal and email address and telephone number of the Data Subject.

The legal basis for processing this voluntarily provided data is the fulfillment of rights and obligations arising from the above-mentioned Contract, which would otherwise not be possible to conclude.

Personal data will be processed for the duration of the Operator’s statutory obligations arising from generally binding legal regulations, in particular from the Civil Code, the Act on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises, the Act on Archives and Registries, the Act on Accounting and the Act on VAT, i.e. for a minimum period of 10 years.

The processing of the Data Subject’s personal data may be entrusted to the e-shop solution provider to ensure the proper operation of the Websites, the administrator of the Operator’s CRM systems, the web hosting service provider, the accounting service provider to post the Operator’s tax documents, or the delivery service provider to deliver the goods ordered by the Data Subject (hereinafter referred to individually as the ” Intermediary “).

When processing the personal data of the Data Subject, there will be no automated decision-making or profiling, and the Operator does not intend to provide personal data to a third country, an international organization or third parties, with the exception of the Processor.

The data subject has, in particular, the right to request from the Controller access to his or her personal data, their correction or deletion, or restriction of processing, the right to object to processing, the right to data portability to another controller if the personal data were processed by automated means, as well as the right to file a complaint with the Personal Data Protection Office if the Controller and/or the Processor proceeds in violation of the Regulation and/or the Law when processing personal data.

The option to purchase goods and/or services offered in the Online Store is not primarily intended for visitors to the Online Store under the age of 16.

 II. Processing of personal data when subscribing to the newsletter

The personal data of the Data Subject that the Operator processes for the purpose of sending information about its products, services, news and promotions (newsletter) are: the email address of the Data Subject.

The legal basis for the processing of this voluntarily provided data in the case of Data Subjects who are not existing customers of the Operator is the consent of the Data Subject pursuant to Section 13(1)(a) of the Act in conjunction with the provisions of Article 6(1)(a) of the Regulation, which may be revoked at any time by clicking on the active link located at the end of each newsletter or upon a written request sent to the Operator’s email address.

The legal basis for processing this voluntarily provided data in the case of Data Subjects who are customers of the Operator is the legitimate interest of the Operator in carrying out direct marketing and in the resale of goods and services, while the subscription to the newsletter aimed exclusively at the direct promotion of the Operator’s goods and services can be revoked at any time by clicking on the active link located at the end of each newsletter or based on a written request sent to the Operator’s email address.

Personal data will be processed for the duration of the Data Subject’s interest in receiving the Operator’s newsletter.

The processing of the Data Subject’s personal data may be entrusted to an Intermediary (with the exception of providers of delivery and accounting services) or another entity that ensures or may ensure the management of newsletter campaigns for the Operator, or which provides the Operator with a technical solution for the management of newsletter campaigns.

When processing the personal data of the Data Subject, there will be no automated decision-making or profiling, and the Operator does not intend to provide personal data to a third country, an international organization or third parties, with the exception of the Processor.

The data subject has, in particular, the right to request from the Controller access to his or her personal data, their correction or deletion, or restriction of processing, the right to object to processing, the right to data portability to another controller if the personal data were processed by automated means, as well as the right to file a complaint with the Personal Data Protection Office if the Controller and/or the Processor proceeds in violation of the Regulation and/or the Law when processing personal data.

The Newsletter is not primarily intended for visitors to the Online Store under the age of 16.

III. Processing of personal data when evaluating a purchase or product and/or when asking a question

The personal data of the Data Subject that the Operator processes for the purpose of publishing their evaluation of a purchase or product or for the purpose of answering or publishing a question or suggestion submitted by the Data Subject are: the name and surname and place of residence of the Data Subject.

The processing of the Data Subject’s personal data may be entrusted to a Processor (with the exception of delivery and accounting service providers).

Personal data provided to the Operator as part of the online helpdesk service or as part of a special contact form will not be published and will be used solely for the purpose of answering the Data Subject’s question or suggestion. Personal data provided by the Data Subject to the Operator in connection with a question or assessment of a specific product or service using a special form designated for this purpose will be published in the description of the given product – such a question or assessment will subsequently also be used by other customers to obtain more detailed information about the Operator’s products and services.

The legal basis for the processing of this voluntarily provided data is the consent of the Data Subject pursuant to § 13 para. 1 letter a) of the Act in conjunction with the provisions of Art. 6 para. 1 letter a) of the Regulation, which may be revoked at any time upon request addressed to the Controller.

Personal data will be processed for the duration of the Data Subject’s interest in publishing the evaluation of their purchase and/or question, if such a question is published for specific products or services, or until the Data Subject responds to a question or suggestion submitted via the online helpdesk or contact form.

When processing the personal data of the Data Subject, there will be no automated decision-making or profiling, and the Operator does not intend to provide personal data to a third country, an international organization or third parties with the exception of the Processor.

The data subject has, in particular, the right to request from the Operator access to his or her personal data, their correction or deletion, or restriction of processing, the right to object to processing, the right to data portability to another operator if the personal data were processed by automated means, as well as the right to file a complaint with the Personal Data Protection Office if the Operator proceeds with the processing of personal data in violation of the Regulation and/or the Law.

The form for evaluating a purchase and/or submitting a question or suggestion is not primarily intended for visitors to the Online Store under the age of 16.

IV. Processing of personal data when providing services related to registration in the Online Store

The personal data of the Data Subject that the Operator processes for the purpose of establishing the Data Subject’s user account and providing services related to registration in the Online Store are: Name and surname, postal and email address and telephone number of the Data Subject.

The processing of the Data Subject’s personal data may be entrusted to a Processor (with the exception of delivery and accounting service providers).

The legal basis for processing this voluntarily provided data is the fulfillment of rights and obligations in the provision of services associated with registration in the Online Store, which would otherwise not be possible to provide in full.

Personal data will be processed for the duration of the Data Subject’s interest in using services related to registration in the Online Store.

When processing the personal data of the Data Subject, there will be no automated decision-making or profiling, and the Operator does not intend to provide personal data to a third country, an international organization or third parties with the exception of the Processor.

The data subject has, in particular, the right to request from the Operator access to his or her personal data, their correction or deletion, or restriction of processing, the right to object to processing, the right to data portability to another operator if the personal data were processed by automated means, as well as the right to file a complaint with the Personal Data Protection Office if the Operator proceeds with the processing of personal data in violation of the Regulation and/or the Law.

Services associated with a user account are not primarily intended for visitors to the Online Store under the age of 16.

 V. Processing of personal data when evaluating purchases published on price comparison websites

The personal data of the Data Subject that the Operator processes for the purpose of publishing the purchase rating entered by the Data Subject in an anonymized form are: name or nickname, email address and purchase rating of the Data Subject.

The processing of this voluntarily provided personal data of the Data Subject may be entrusted to an intermediary who provides the Operator with a technical solution for obtaining purchase ratings and who publishes these ratings for the Operator himself, in particular the operator of an online price comparison tool.

The legal basis for processing this data is the legitimate interest of the Operator, which consists in verifying customer satisfaction in order to improve the Operator’s services for other customers.

Personal data will be processed for the duration of the Data Subject’s interest in publishing the evaluation of their purchase.

When processing the personal data of the Data Subject, there will be no automated decision-making or profiling, and the Operator does not intend to provide personal data to a third country, an international organization or third parties with the exception of the aforementioned intermediary.

The data subject has, in particular, the right to request from the Operator access to his or her personal data, their correction or deletion, or restriction of processing, the right to object to processing, the right to data portability to another operator if the personal data were processed by automated means, as well as the right to file a complaint with the Personal Data Protection Office if the Operator proceeds with the processing of personal data in violation of the Regulation and/or the Law.

The purchase evaluation form is not primarily intended for visitors to the Online Store under the age of 16.

 VI. Use of cookies

What are cookies and how do they work?

Cookies are small files that are sent to and stored on the computer, mobile phone or tablet of the Data Subject by websites that the Data Subject visits. Cookies are stored in the folder of the respective Internet browser that the Data Subject uses when browsing the websites. When the Data Subject visits these websites again, the Data Subject’s Internet browser reloads the stored cookies and sends them back to the website or element that created the original cookie. This usually ensures the proper functioning of these websites.

How does the Operator use cookies?

The operator uses cookies to ensure the proper functioning of this website (so-called Essential cookies), cookies for analytical purposes in order to constantly improve the settings of this website and cookies for the purpose of displaying advertising – this also constitutes the legal interest of the operator of this website, which is the legal basis for processing cookies. The data that the operator processes based on cookies is anonymous and is not associated with any specific person.

How can I set and disable the use of cookies?

Cookies can be managed by each Data Subject in their Internet browser. Different Internet browsers have different procedures for disabling or enabling cookies, which are usually found in the Options or Tools menu. The Data Subject thus has the possibility to manage cookies related to basic functions, website improvement, customization and advertising directly in the Internet browser. However, disabling cookies may make it impossible to use some basic functions of these websites.

How long does the Operator retain the information obtained?

How long the Operator retains the collected data depends on the type of cookie. Session cookies expire immediately after the browser is closed. Persistent cookies, including locally accessible objects, may be valid for several months.

VII. Use of IP address and other tools

These websites may contain third-party tools that use the Data Subject’s IP address and/or cookies and that

  • The Operator will use it to address the Data Subject with an offer of its products and services after the Data Subject leaves these websites, based on the legitimate interest of the Operator, which consists in selling products and services in which the Data Subject has expressed interest when visiting its websites. Such a tool may be, for example, a Facebook plugin that connects the Data Subject to their profile on the Facebook social network, while more detailed information about its use is provided on the pages: https://www.facebook.com/about/privacy/;
  • The Operator will use cookies to measure traffic and use of its websites, based on the Operator’s legitimate interest in continuously improving these websites. Such tools may include Google Analytics, Google Double Click and Google Tag Manager, which enable analysis of the use of these websites, while more detailed information about their use is provided on the pages: https://policies.google.com/privacy . If the visitor agrees to accept cookies, the e-shop will use advanced conversions, which enable the sending of encrypted customer data such as telephone, e-mail, address and name, which then allow identification and assignment to a specific click on an advertisement. The data in the reports is still aggregated and anonymous and individual customers cannot be identified from them.

Most of the data that the Operator obtains using the above tools is completely anonymous (e.g. so-called masked IP addresses). However, the Operator reminds that the Data Subject may exercise the rights described in Part B of these Terms and Conditions.