General terms and conditions
Article I - General provisions
These terms and conditions regulate the rights and obligations of the parties arising from the purchase contract concluded between the trader, which is LUSJA s.r.o., with registered office at Textilná 23, Ružomberok 034 05, Slovak Republic, ID No.: 36766372, registered in the Commercial Register of the District Court of Žilina, Section: Sro, File No. 18865/L (hereinafter referred to as the "trader") and the buyer, the subject of which is the purchase and sale of goods on the trader's e-shop website.
Contact details of the trader
LUSJA s.r.o., with registered office at Textilná 23, Ružomberok 034 05, Slovak Republic, ID No.: 36766372., registered
in the Commercial Register of the District Court of Žilina, Section: Sro, Entry No. 18865/L
TAX IDENTIFICATION NUMBER: 2022380525
VAT NUMBER: SK2022380525
Operation: Lusja s.r.o., Textilná 23, Areál ex Texicom, 034 01 Ružomberok
Phone: +421 915 830 905
E-mail: lusja@lusja.sk
Supervisory authority
Slovak Trade Inspection Authority (SOI)
SOI Inspectorate for Žilina Region
Predmestská 71, P.O. Box B-89; 011 79 Žilina 1
Supervision Department
Tel. no.: 041/763 21 30, 041/724 58 68
za@soi.sk
http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
- These terms and conditions, as in force on the date of conclusion of the purchase contract, are an integral part of the purchase contract. In the event that the trader and the buyer conclude a written contract of sale in which they agree on terms and conditions that deviate from these terms and conditions, the provisions of the contract of sale shall prevail over these terms and conditions. Such agreed terms and conditions must not conflict with other legal provisions (shortening of the return period, liability period for defects, etc.). All contractual relations are concluded in accordance with the law of the Slovak Republic.
- For the purposes of these terms and conditions, a supplementary contract means any contract for the supply or provision of an additional product related to the subject matter of a distance contract, regardless of whether the product is supplied or provided by the trader or by another person under an agreement with the trader.
- The displayed purchase price for the goods on any e-commerce website operated by the trader includes value added tax in the amount set by the applicable law of the Slovak Republic and does not include the price for the carriage of the goods or other optional services. All promotions are valid while stocks last, or until the expiry of time if limited in time and unless otherwise stated for specific goods.
- Merchant reserves the right to adjust the price of goods listed on any e-commerce website operated by Merchant at any time. A change in the price of the goods shall not apply to sales contracts concluded prior to the price change, notwithstanding that the goods have not yet been delivered.
- In the event that the trader fails to comply with its obligations set out in the applicable legislation of the Slovak Republic or the European Union or in these terms and conditions, the buyer may enforce its right against the trader through the competent court.
Article II - Method of concluding the contract of sale
- The Buyer shall send the Merchant a proposal for the conclusion of the Purchase Contract in the form of a completed and submitted form on the Merchant's website, by which the Buyer has sent a proposal for the conclusion of the Purchase Contract, the subject of which is the transfer of ownership of the goods specified by the Buyer for consideration for the purchase price and under the terms and conditions set out in this Purchase Order (hereinafter referred to as the "Purchase Order").
- Subsequent to the dispatch of the Order, the Buyer shall receive an automatically executed notification of the receipt of the Order in the Merchant's electronic system (hereinafter referred to as the "Order Receipt Confirmation") to his e-mail address. Any further information regarding the Buyer's order may be sent to the Buyer's e-mail address if necessary.
- The Delivery Confirmation contains information that the Merchant has received the order, but does not constitute acceptance of the proposal to enter into a contract of sale.
- The Merchant will then send an email to the Buyer's email address informing whether the Buyer's order has been accepted (hereinafter referred to as "Order Acceptance"). The Order Acceptance contains information on the name and specification of the goods the sale of which is the subject of the Purchase Contract, details of the price of the goods and/or other services, details of the expected delivery time of the goods, the name and details of the place where the goods are to be delivered anddetails of the price, if any, conditions, method and date of transport of the goods to the agreed place of delivery of the goods to the buyer, details of the trader (business name, registered office, VAT number, registration number in the commercial register, etc.), details of the trader (business name, registered office, registration number, etc.), or other necessary data.
- The purchase contract is concluded upon delivery of the acceptance of the order in electronic or written form to the buyer.
- Before sending the order, the trader shall inform the buyer in a clear, unambiguous, comprehensible and unmistakable manner about the pre-contractual information concerning, payment, commercial, transport and other conditions, by:
- the main characteristics of the product, to the extent appropriate to the means of communication used and the product, on the relevant catalogue page of the merchant's e-shop,
- the trade name and registered office of the trader or of the person on whose behalf the trader is acting, on the relevant sub-page of the trader's e-shop and in Article 1 of these terms and conditions, which are located on the relevant sub-page of the trader's e-shop,
- the trader's telephone number, the trader's e-mail address and other means of online communication between the buyer and the trader are informed on the relevant sub-page of the trader's e-shop and in Article 1 of these terms and conditions, which are located on the relevant sub-page of the trader's e-shop,
- the address of the trader, or of the person acting on behalf of the trader, at which the buyer may exercise the rights of liability for defects in the goods or services, withdraw from the contract, submit a request for redress or any other complaint, is informed in Article 1 of these terms and conditions, which are located on the relevant sub-page of the trader's e-shop,
- the total price of the goods or services, including value added tax and all other taxes, or, if by the nature of the goods or services the price cannot reasonably be determined in advance, the manner in which it is calculated, as well as the costs of transport, delivery, postage and other costs and charges or, if these costs and charges cannot be determined in advance, the fact that the Buyer will be obliged to pay them, informed on the relevant catalogue page of the Trader's e-shop,
- the payment terms, delivery terms, the period within which the trader undertakes to deliver the goods or provide the service are informed in the relevant articles of these terms and conditions, which are placed on the relevant sub-page of the trader's e-shop,
- the existence and duration of the trader's statutory liability for defects in the goods, digital content and digital services and the availability of a consumer guarantee, if provided by the trader or the manufacturer, and the procedures for exercising and handling the trader's liability for defects, complaints and buyer's suggestions, in the relevant articles of these terms and conditions, which are located on the relevant sub-page of the trader's e-commerce website,
- the existence and duration of liability for defects in the service and the procedure for exercising rights under liability for defects in the service, as set out in the relevant articles of these terms and conditions, which are located on the relevant sub-page of the trader's e-commerce website,
- the terms and conditions of after-sales service in the relevant articles of these terms and conditions, which are located on the relevant sub-page of the trader's e-shop,
- the compatibility and interoperability of items with digital elements, digital content and digital services of which the trader is aware or can reasonably be expected to be aware, has been notified to the buyer for each product on the relevant catalogue page of the trader's e-commerce website,
- the consumer's right to submit a request for redress to the trader, with a specific link to the website on which the information on the relevant alternative dispute resolution entity is published, has been informed in Article 11 of these terms and conditions, which are located on the relevant sub-page of the trader's e-commerce website,
- the Buyer's right to withdraw from the contract, the conditions, time limit and procedure for exercising the right of withdrawal are set out in Article 10 of these terms and conditions, which are located on the relevant sub-page of the Trader's e-commerce website,
- the provision of the withdrawal form in Article 10 and in the Annex to these terms and conditions, which are located on the relevant sub-page of the trader's e-shop; the trader has also provided the withdrawal form itself in the Annex to these terms and conditions, which are located on the relevant sub-page of the trader's e-shop,
- the information that if the buyer withdraws from the purchase contract, he/she shall bear the costs of returning the goods to the trader pursuant to Section 21(3) of Act 108/2024 Coll. on consumer protection and on amendment and supplementation of certain acts (hereinafter referred to as the "Act") and if he withdraws from the purchase contract also the costs of returning the goods, which, due to their nature, cannot be returned by post, informed in Article 10 of these terms and conditions, which are located on the relevant subpage of the e-commerce of the merchant,
- the Buyer's obligation to pay the Merchant the price for the performance actually provided pursuant to Article 21(5) of the Act if the Buyer withdraws from the service contract after having given the Merchant his express consent pursuant to Article 17(10)(c). Act informed in Article 10 of these Terms and Conditions, which are located on the relevant subpage of the merchant's e-commerce,
- the circumstances under which the buyer loses the right of withdrawal are informed in Article 10 of these terms and conditions, which are located on the relevant subpage of the trader's e-commerce website,
- the existence of the relevant codes of conduct which the trader has undertaken to comply with and the manner in which the buyer can become acquainted with them or obtain the text of them, informed on the relevant catalogue page of the trader's e-shop,
- the duration of the contract, if it is a fixed-term contract; if it is an indefinite-term contract or a contract which is automatically extended, the conditions for termination of the contract, on the relevant catalogue page of the trader's e-shop and in these terms and conditions, which are located on the relevant sub-page of the trader's e-shop,
- the minimum duration of the Buyer's obligations arising from the Purchase Contract, if the Purchase Contract implies such an obligation for the Buyer, has informed the Buyer on the relevant catalogue page of the Trader's e-shop and in these Terms and Conditions, which are located on the relevant sub-page of the Trader's e-shop,
- the Buyer's obligation to pay an advance payment or to provide other financial security at the request of the Trader and the conditions applicable to the provision thereof, if the Purchase Contract implies such an obligation for the Buyer, has been informed on the relevant catalogue page of the Trader's e-shop and in these Terms and Conditions, which are located on the relevant sub-page of the Trader's e-shop,
- the functionality of the item with digital elements, digital content and digital service, including the available technical protection measures, has been informed on the relevant catalogue page of the trader's e-shop and in these terms and conditions, which are located on the relevant subpage of the trader's e-shop,
- the possibility and conditions for resolving the dispute out of court through an alternative dispute resolution system, if the trader has undertaken to use such a system, on the relevant catalogue page of the trader's e-shop and in these terms and conditions, which are located on the relevant sub-page of the trader's e-shop,
- the actions necessary for the conclusion of the purchase contract by describing those necessary actions in these terms and conditions, which are located on the relevant sub-page of the trader's e-shop,
- the fact that the contract of sale will be stored in electronic form with the trader and is available to the buyer after the buyer has requested it in writing on the relevant catalogue page of the trader's e-shop and in these terms and conditions, which are located on the relevant sub-page of the trader's e-shop,
- the fact that the language offered for the conclusion of the contract is Slovak is informed on the relevant catalogue page of the trader's e-shop and in these terms and conditions, which are placed on the relevant subpage of the trader's e-shop.
- if the trader has not fulfilled the information obligation to pay additional fees or other costs pursuant to point 2.6(e) of these terms and conditions or the costs of returning the goods pursuant to point 2.6(n) of these terms and conditions, the buyer shall not be obliged to pay such additional costs or fees.
Article III - Merchant's rights and obligations
- The trader shall:
- to deliver the goods to the Buyer in the agreed quantity, quality and time, on the basis of an order confirmed by acceptance, and to pack or equip them for transport in the manner necessary for their preservation and protection,
- ensure that the goods delivered comply with the applicable legislation of the Slovak Republic,
- immediately after the conclusion of the contract of sale, but at the latest together with the delivery of the goods, provide the buyer with confirmation of the conclusion of the contract of sale on a durable medium, for example by e-mail. The confirmation must contain all the information referred to in point 2.6, including the withdrawal form.
- hand over to the Buyer, at the latest, together with the goods in written or electronic form, all documents necessary for the acceptance and use of the goods and other documents prescribed by the applicable Slovak legislation (manuals in Slovak language, warranty card, delivery note, tax document).
- The trader has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
- If, due to stock outage or unavailability of goods, the trader is unable to deliver the goods to the buyer within the period agreed in the purchase contract or specified in these terms and conditions, the trader is obliged to offer the buyer an alternative performance or the possibility for the buyer to withdraw from the purchase contract or cancel the order. If the Buyer does not accept the substitute performance offered by the Merchant or withdraw from the Purchase Contract within a reasonable period of time, the Merchant shall be entitled to withdraw from the Purchase Contract and, if the Buyer has already paid the Purchase Price or part thereof, the Merchant shall be obliged to refund the Purchase Price or part thereof already paid within 14 days from the date of delivery of the withdrawal from the Purchase Contract to the Buyer.
Article IV - Rights and Obligations of the Buyer
- The buyer has been informed by the trader that the order includes the obligation to pay the price.
- The Buyer is obliged to:
- take delivery of the goods ordered and delivered,
- pay to the trader the agreed purchase price within the agreed due date, including the cost of delivery of the goods,
- confirm the receipt of the goods in the delivery note by his signature or the signature of a person authorised by him.
- The Buyer is entitled to delivery of the goods in the quantity, quality, date and place agreed by the parties.
Article V - Delivery and payment terms
- The usual availability of the goods with the date of their dispatch is indicated for each good on the e-commerce website.
- Unless otherwise agreed between the trader and the buyer in the purchase contract, the trader is obliged to deliver the goods to the buyer without delay, at the latest within 30 days from the date of conclusion of the purchase contract. If the trader has not fulfilled his obligation to deliver the goods within the time limit referred to in the first sentence, the buyer shall invite the trader to deliver the goods within an additional reasonable time limit provided by the trader. If the trader fails to deliver the goods even within this additional reasonable period, the buyer shall be entitled to withdraw from the contract.
- The trader is entitled to invite the buyer to take delivery of the goods even before the expiry of the delivery period agreed in the contract of sale.
- The colour display of the goods on the monitor may not correspond exactly to the actual colour shades as the buyer will perceive them in reality. The display of colour shades depends, among other things, on the quality of the display monitor or other display equipment used.
- The Buyer shall take delivery of the Goods at the place agreed between the Trader or its agent authorised to deliver the Goods and the Buyer in the Purchase Contract or otherwise at the time prior to delivery of the Goods (the "Place"). The Buyer shall take delivery of the Goods at the time agreed by the Merchant or its agent authorised to deliver the Goods and the Buyer in the Contract of Sale or otherwise at the time prior to delivery of the Goods (the "Time Scope"). The Merchant shall deliver the Goods to the address given by the Buyer at the front of the house/apartment block, provided that access to it is on a paved road and is not restricted by a no-entry order for that type of vehicle.
- Where the Merchant delivers the Goods to the Buyer at the Place and within the Time Scope, the Buyer shall take delivery of the Goods in person or arrange for the Goods to be taken delivery of by a person authorised by the Buyer in the Buyer's absence to take delivery of the Goods and shall sign a record of payment of the Purchase Price and delivery and handover of the Goods. The third party authorised to take delivery of the goods must provide the trader with a copy of the acceptance of the order. The goods shall be deemed to have been delivered and accepted upon delivery of the goods to the Buyer. Delivery of the Goods to the Buyer means delivery of the Goods to the Place, acceptance of the Goods by the Buyer or a third party authorised by the Buyer and the signing of a record of payment of the Purchase Price and delivery and handover of the Goods by the Buyer or a third party authorised by the Buyer.
- If the delivery of the Goods has to be repeated due to the Buyer's absence at the Place and within the Time Scope or if the Buyer fails to take delivery of the Goods within 7 days after the expiry of the Time Scope without prior written cancellation of the Purchase Contract, the Merchant shall be entitled to claim compensation for damages in the amount of the actual costs of the attempted unsuccessful delivery of the Goods to the Place. In the event that the Buyer fails to take delivery of the Goods within 7 days after the expiry of the Time Limit without prior written cancellation of the Purchase Contract, the Merchant shall also be entitled to cancel the Purchase Contract.
- The Purchase Contract is concluded with a termination clause with the proviso that if the Buyer fails to pay the agreed Purchase Price to the Merchant in accordance with clause 4.2 of these Terms and Conditions within 15 days of the Merchant's request to take delivery of the Goods, the Contract shall be terminated from the outset, the Parties shall refund or replace all payments received and the Merchant shall become free to dispose of the ordered Goods.
- The buyer is entitled to inspect the consignment, i.e. the goods as well as their packaging immediately after delivery in the presence of a representative of the trader. In the event that a defect in the goods is detected and/or if the shipment is incomplete (less than the number of pieces of goods or the ordered goods are missing), the trader's representative shall, at the request of the buyer, draw up a record of the damage indicating the extent and nature of the defect in the goods, the accuracy of which shall be confirmed by the buyer. On the basis of the record so prepared and delivered to the trader, the buyer may subsequently refuse to accept the delivered goods with defects or confirm the delivery of goods with defects and subsequently, pursuant to Article 8 of these terms and conditions, claim liability for defects in the goods from the trader or from another person of whom the trader informed the buyer before the conclusion of the contract or before the dispatch of the order (hereinafter referred to as the "designated person"). If the Buyer refuses to take delivery of the defective goods, the Merchant shall bear all costs reasonably incurred in returning the goods to the Merchant.
- In the event of non-delivery of the goods by the trader within the period specified in clause 5.2. of these terms and conditions, the buyer is entitled to withdraw from the contract of sale and the trader is obliged to refund the buyer the already paid part of the purchase price without undue delay, but no later than within 14 days of receipt of the withdrawal from the contract of sale, in the same way as the buyer used for his payment, unless he agrees with the buyer on a different method of refund without additional charges to the buyer.
- The trader informs the buyer that he reserves the right to deliver the ordered goods (in number more than 2pcs) also by several separate deliveries, with the proviso that also for such separate deliveries the price of transport applies as for the acceptance of the order (i.e. multiple shipments are charged only for the price of one shipment).
- Free Shipping: the Merchant is entitled to unilaterally and at its sole discretion internally determine the value or nature of an order for which the Buyer no longer pays the shipping price. The fact of payment or non-payment of the shipping price by the Buyer shall be displayed in the order or on the web page of the online shop. The trader is entitled to unilaterally change and modify the value or nature of an order (concluded contract) for which the buyer does not pay the freight price without having to specify the change in these General Terms and Conditions. The concluded purchase contracts are not affected by this change.
Article VI - Purchase Price
- The purchase price for the goods agreed in the purchase contract between the trader and the buyer is stated in the acceptance of the order (hereinafter referred to as the "purchase price"). If the purchase price stated in the order acceptance is higher than the price for identical goods stated in the e-commerce offer at the time of the Buyer's submission of the order, the Merchant shall deliver an electronic message to the Buyer informing the Buyer of the offer of a new purchase price at a different amount, which shall be deemed to be the Merchant's proposal to conclude a new purchase contract, which must be expressly confirmed by the Buyer by e-mail or in writing in order for a valid conclusion of the purchase contract to take place. The Buyer is obliged to pay the Merchant the purchase price, including the delivery costs, in cash or by credit card upon personal receipt of the goods, by cash on delivery at the place of delivery by credit card through a payment gateway or by wire transfer to the Merchant's account, as indicated in the order acceptance or on the Merchant's website at the time prior to the receipt of the goods. The method of payment of the purchase price (form of payment) and the total costs associated with the order itself and the delivery of the goods (the method of payment is selected by the buyer in the process of ordering the goods on the shopping portal website) is indicated in the order form with the total cost calculation.
- If the Buyer pays the purchase price to the Merchant by credit card through a payment gateway or by wire transfer, the date of payment shall be deemed to be the date on which the full purchase price has been credited to the Merchant's account.
- The Buyer is obliged to pay the purchase price for the agreed goods to the Merchant within 7 days from the acceptance of the order in the case of payment by credit card through a payment gateway or by wire transfer and upon receipt of the goods in the case of payment in cash or by credit card upon personal receipt of the goods or payment on delivery at the place of delivery of the goods. In the event that the Buyer fails to pay the full purchase price within 7 days of the acceptance of the order when paying by credit card through a payment gateway or by wire transfer to the Merchant's account, the Merchant shall be entitled to withdraw from the Purchase Contract.
- If the Buyer fails to pay the Merchant the full purchase price by the time the Goods are delivered to the Site and the parties have not agreed to pay the purchase price for the Goods in instalments, the Merchant shall be entitled to refuse delivery of the Goods to the Buyer.
- The costs of assembly and removal of the Goods are not included in the purchase price and the Merchant is not obliged to provide these services to the Buyer.
- Payment for goods or services in advance - The trader may require payment for goods or services in advance:
- for order value over 300€ excluding shipping (on the basis of the issued advance invoice by transfer to bank account),
- for goods or services to be shipped abroad (on the basis of an advance invoice by bank account transfer),
- when ordering goods or services that are not in stock or are produced only to order, advance payment may be required in advance of 50% of the price of the goods or services (advance payment is required on the basis of an invoice issued in advance).
- Bank charges for making payment of the purchase price and shipping costs by the buyer are governed by the contract between the buyer and the buyer's bank. The Merchant shall not be liable for the amount of any such or similar charges in connection therewith.
- The cost of using electronic means of communication shall be governed by the contract between the Buyer and its internet service provider or its electronic communication service provider, as the case may be. The trader is not liable for the amount of such or similar related charges.
- The Merchant may create an opportunity (possible form) on the Website through which the Buyer may receive a discount (in %) on the total goods purchased. The Merchant is entitled to unilaterally, without the need to specify a change in these General Terms and Conditions, change and modify the origination, termination and conditions of the possible way (form) of obtaining such discount. The concluded purchase contracts are not affected by this change.
- The Merchant may allow the Buyer, who is an entity that does not meet the definition of a consumer referred to in Section 52 (4) of the Civil Code, or the Buyer as a wholesale partner, to pay the purchase price only after delivery of the goods to the Site. In the event that such Buyer defaults on payment of the purchase price for goods that have already been delivered to him on the basis of a previous order, the Merchant shall be entitled to deny such defaulting Buyer the option to pay the purchase price on the next order only after delivery of the goods to the Site. This restriction on the ability to pay for the Goods shall continue until the Merchant has been credited with the purchase price for all outstanding Goods ordered by the Buyer.
Article VII - Acquisition of ownership and transfer of risk of damage to goods
- Upon receipt of the goods at the agreed place, the ownership of the goods passes to the buyer. A buyer who does not meet the definition of a consumer as set out in Art. § Section 52(4) of the Civil Code, the ownership of the goods shall only be acquired by full payment of the purchase price for the goods.
- The risk of damage to the goods passes to the buyer at the time when the buyer or a third party authorised by the buyer takes over the goods from the trader or his agent authorised to deliver the goods, or if he fails to do so in time, at the time when the trader allows the buyer to dispose of the goods and the buyer does not take over the goods.
Article VIII - Liability for defects to the consumer
- The trader shall be liable for any defect in the goods sold which is present at the time of delivery and which becomes apparent within two years of the delivery of the goods. In the case of second-hand goods, the parties may agree on a shorter period of the trader's liability for defects, but not less than one year from the delivery of the goods. If the defect manifests itself before the expiry of this period, it shall be presumed that the goods were already defective at the time of delivery. This shall not apply if the contrary is proved or if this presumption is incompatible with the nature of the goods or the defect.
- Where the object of the purchase is a digital object for which the digital content or digital service is to be supplied continuously for an agreed period, the trader shall be liable for any defect that occurs or manifests itself throughout the agreed period, but at least for two years after the delivery of the digital object.
- If the trader is liable for a defect in the goods sold, the buyer has a right against the trader to have the defect remedied by repair or replacement (Section 623 of the Civil Code), a right to a reasonable discount on the purchase price or a right to withdraw from the purchase contract (Section 624 of the Civil Code).
- The buyer may exercise the rights of liability for defects only if he/she has pointed out the defect within two months from the discovery of the defect, but at the latest until the expiry of the trader's liability period for defects.
- The trader or a designated person shall provide the buyer with a written confirmation of the defect immediately after the buyer has pointed out the defect. In the acknowledgement of the defect, the trader shall specify the period within which the defect will be rectified. This period may not be longer than 30 days from the date of the defect, unless a longer period is justified by an objective reason beyond the control of the trader.
- The trader or a designated person shall issue the buyer with a confirmation of the defect in a suitable form chosen by the trader, e.g. in the form of an e-mail or in writing, in which the trader is obliged to precisely identify the defects in the goods and shall once again inform the buyer of his rights under Sections 623 and 624 of the Civil Code.
- The buyer has the right to choose to remove the defect by replacing the goods or repairing the goods. The buyer may not choose a method of removing the defect which is not possible or which would cause the trader disproportionate costs in comparison with the other method of removing the defect, taking into account all the circumstances.
- If the defect is one that can be remedied, the buyer may request that it be remedied free of charge. The trader shall remedy the defect within a reasonable time. Reasonable time means the shortest time the trader needs to assess the defect and to repair or replace the goods, taking into account the nature of the goods and the nature and severity of the defect.
- The trader may refuse to remedy the defect if repair or replacement is not possible or would involve disproportionate costs in all the circumstances.
- For the purpose of repair or replacement, the buyer shall hand over or make the goods available to the trader or a person designated by him.
- The trader shall deliver the repaired or replacement goods to the buyer at his own expense in the same or similar manner as the buyer delivered the defective goods to him, unless the parties agree otherwise. If the buyer fails to take delivery of the goods within six months of the date on which he should have taken delivery, the trader may sell the goods. If the goods are of greater value, the trader shall give the buyer prior notice of the intended sale and a reasonable additional period of time to take delivery of the goods.
- The trader shall, immediately after the sale, pay to the buyer the proceeds of the sale of the goods after deducting the costs reasonably incurred by the trader in storing and selling the goods, if the buyer exercises his right to a share of the proceeds within a reasonable period of time specified by the trader in the notice of the intended sale of the goods.
- If the trader refuses liability for defects, he shall notify the buyer in writing of the reasons for his refusal. If the buyer proves the trader's liability for the defect by an expert opinion 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 trader may not refuse liability for the defect.
- The buyer shall be entitled to compensation from the trader for the costs reasonably incurred by the buyer in connection with the criticism of the defect for which the trader is responsible and the exercise of the rights of liability for the defect. The buyer must exercise his right with the trader within two months of the delivery of the repaired or replacement goods, payment of the price discount or refund of the price after withdrawal from the contract at the latest, otherwise the right shall lapse.
- The buyer is entitled to a reasonable discount on the purchase price or may withdraw from the contract of sale without giving a reasonable additional period of time if the trader has not repaired or replaced the goods or if the trader has refused to remedy the defect on the basis of point 8.9, or the goods have the same defect despite the repair or replacement of the goods, or the defect is of such a serious nature that it justifies an immediate reduction of the purchase price or withdrawal from the contract, or the trader has declared, or it is obvious from the circumstances, that he will not remedy the defect within a reasonable period of time or without causing serious inconvenience to the buyer.
- If the contract relates to the purchase of several goods, the buyer may withdraw from the contract only in respect of the defective goods. In relation to the other goods, he may only withdraw from the contract if he cannot reasonably be expected to have an interest in retaining the other goods without the defective goods.
- The buyer may not withdraw from the contract of sale pursuant to clause 8.15 if the buyer has contributed to the defect or if the defect is insignificant.
- After the Buyer has withdrawn from the contract and returned the goods to the Trader, the Trader shall refund the purchase price to the Buyer within 14 days of the date of return of the goods or upon proof that the Buyer has sent the goods to the Trader, whichever is earlier. The trader shall refund the purchase price or pay the discount to the buyer in the same way as the buyer used when paying the purchase price, unless the buyer expressly agrees to a different method of payment.
- Article 8 of these Terms and Conditions applies to the handling of liability for defects. The Buyer has been duly informed and informed of the terms and conditions and the method of exercising liability for defects in the goods, including details of where liability for defects can be exercised, by placing these Terms and Conditions on the relevant sub-page of the Merchant's e-commerce website and the Buyer has had the opportunity to read them at the time prior to the dispatch of the order.
- The liability for defects applies to goods purchased by the Buyer from the Merchant via the e-commerce website of the Merchant's e-commerce website.
- If the goods are defective, the Buyer has the right to claim liability for defects at the Merchant's premises or at a designated person by delivering the goods to the Merchant's premises or to the premises of a designated person and delivering them to the Merchant or to a designated person. The Buyer shall deliver to the designated person the expression of the Buyer's will to exercise his/her right (hereinafter referred to as the "Notice of Defects"), e.g. in the form of a completed form for claiming liability for defects, which is located on the relevant sub-page of the Merchant's e-shop. The trader recommends insuring the goods when sending them. Neither the trader nor the designated person accepts deliveries on delivery. The Buyer is obliged to truthfully state all the required information in the Notice of Defect, in particular to indicate precisely the type and extent of the defect in the goods; the Buyer shall also indicate which of his rights under Art. § 623 of the Civil Code. The list of designated persons is provided on the relevant subpage of the e-shop or sent to the buyer by the trader at his request.
- Proceedings relating to liability for defects in goods which can be delivered to the trader shall commence on the date on which all of the following conditions are met cumulatively:
- delivery of the Notice of Defective Goods to the trader or a designated person,
- delivery of the goods by the buyer to the trader or the designated person,
- delivery of access codes, passwords, etc. for the goods to the trader or designated person, if such data is necessary to identify the defect in the goods and to repair the goods;
- If the subject matter of the defect is goods that cannot be objectively delivered to the trader or that are fixed, the buyer is obliged, in addition to meeting the conditions under clauses 8.22(a) and (c) of these terms and conditions, to provide all necessary assistance for the inspection of the goods by the trader or a third party designated by the trader. Proceedings in respect of goods which cannot be objectively delivered to the trader or which are fixed shall commence on the date on which the inspection of the goods pursuant to the first sentence has been carried out. However, if the trader or a third party designated by the trader, despite the necessary cooperation provided by the buyer, fails to arrange for the inspection to be carried out within a reasonable period of time, but at the latest within 10 days of the delivery of the Notice of Defect to the trader, the proceedings shall commence on the date of delivery of the Notice to the trader.
- In remedying the defect, the trader shall arrange for the removal of the goods and the installation of the repaired goods or replacement goods if replacement or repair of the goods so requires.
- The trader shall be liable for a defect caused by incorrect assembly or installation of the goods, digital content or digital service within the meaning of section 619(4) of the Civil Code.
- The Buyer is entitled to decide which of his rights under Section 623 of the Civil Code he exercises and is also obliged to immediately inform the trader or the authorised person of his decision. On the basis of the buyer's decision which of his rights within the meaning of Section 623 of the Civil Code he exercises, the trader or the designated person is obliged to determine the method of handling the claim of liability for defects.
- Liability does not apply to defects on the basis of which the buyer and the merchant agreed on a reduced price at the time of conclusion of the contract and of which the buyer should have been aware in view of this circumstance.
- The trader is not liable for defects in the goods:
- if the buyer has not exercised his right concerning the trader's liability for defects in the goods until the expiry of the trader's liability period,
- if the defect in the goods is mechanical damage to the goods caused by the buyer,
- if the defect in the goods is caused by the use of the goods in conditions which do not correspond in their intensity, humidity, chemical and mechanical effects to the natural environment of the goods,
- if the defect in the goods has been caused by unprofessional handling, operation or neglect of the care of the goods,
- if the defect in the goods has been caused by damage to the goods due to excessive loading or use contrary to the conditions specified in the documentation or the general principles of normal use of the goods,
- if the defect in the goods is caused by damage to the goods caused by unavoidable and/or unforeseeable events,
- if the defect in the goods has been caused by accidental deterioration and accidental deterioration of the goods,
- if the defect in the goods has been caused by unprofessional intervention, water damage, fire, static or atmospheric electricity or other acts of God,
- if the defect in the goods has been caused by tampering with the goods by an unauthorised person. If the consignment is incomplete, or if it is an obvious defect which the Buyer could have detected by inspecting the consignment upon delivery of the goods and which the Buyer did not notify to the Trader's representative in accordance with clause 5.9 of these Terms and Conditions, a later allegation of a defect of this kind may only be accepted if the Buyer proves that the goods already had the alleged defects at the time of their receipt by the Buyer.
- The trader will inform the buyer of the result of the handling of the defect complaint immediately after the end of the procedure by telephone or e-mail and will also receive a proof of the handling of the defect complaint together with the goods or by e-mail.
- Shipments of sports nutrition, food in gift baskets and animal feed have a minimum shelf life of more than 2 months before the expiry date; in the event of a shorter expiry date, the trader will contact the buyer by telephone or e-mail and the shipment will only be sent with the buyer's consent.
- In case of exchange of the goods for a new one, the buyer will receive a document on which the information about the exchange of the goods will be indicated, and any further claims of liability for defects will be based on the contract of sale and this document. In the event of replacement of the goods with new goods, the warranty period shall start again from the receipt of the new goods, but only for the new goods.
- The handling of the claimed liability for defects shall only apply to defects specified in the notice of defect and in the acknowledgement of defect of the goods pursuant to clause 8.6 of these terms and conditions.
- The Buyer's right to assert liability for defects in the Goods after having exercised its right and requested the Merchant to rectify the defect in the Goods pursuant to clause 8.2 of these Terms and Conditions shall be exhausted and, regardless of the outcome of the defect liability proceedings, any re-assertion of the same unique defect (not a defect of the same kind) without the submission of an expert expert report or expert opinion issued by an accredited, authorised or notified person shall be rejected.
- The provisions of Article 8 of these Terms and Conditions apply only to entities meeting the definition of consumer set out in Section 52(4) of the Civil Code. The provisions of Article 8 of these terms and conditions expressly do not apply to entities that do not meet the definition of a consumer set out in Art. § Section 52(4) of the Civil Code.
Article IX - Liability for defects for entities not fulfilling the definition of a consumer referred to in Article 52(4) of the Civil Code
- The provisions of Article 9 of these Terms and Conditions shall apply to entities that do not meet the definition of a consumer as set out in Section 52(4) of the Civil Code.
- Liability for defects in goods, rights and obligations arising therefrom shall be governed by the legislation in force in the Slovak Republic. The trader shall be liable for defects in the goods which the goods had at the time of the transfer of the risk of damage to the goods to the buyer.
- The trader shall not be liable for defects in the goods which have occurred after the risk of damage to the goods has passed or as a result of transport, external interventions and influences (weather effects, natural disasters), interventions of third parties. The trader is not liable for defects in the goods caused by transport, substandard, unqualified, faulty or improper storage, use, unprofessional installation or testing of the goods, reasons related to the assembly of the goods with other goods, attempts to modify or repair the goods without the trader's prior written consent, reasons related to improper handling, transport or storage of the goods, excessive use or overloading of the goods.
- The trader shall not be liable for defects in the goods of which the buyer knew or, taking into account the circumstances under which the contract was concluded, should have known at the time of conclusion of the contract or acceptance of the goods.
- When taking delivery of the goods, the trader is obliged to inspect the goods and make sure that the number of the goods handed over is correct, that the packaging is intact and that the goods are in good condition, that the goods are in conformity with the contract and that they are free from defects. The trader is obliged to notify the merchant in writing of any obvious defects in the goods without undue delay, at the latest within 48 hours after the inspection of the goods, which he is obliged to carry out pursuant to the first sentence of this paragraph. Obvious defects of the goods are in particular mechanical damage to the goods, missing documents related to the goods, non-functionality of the goods, non-delivery of the goods in the agreed quantity or with the characteristics and accessories agreed in the contract and all other defects that are detectable upon inspection carried out with professional care in accordance with these terms and conditions. Hidden defects in the goods shall be notified in writing to the trader by the buyer immediately after their discovery, but at the latest within 48 hours of their discovery.
- The Buyer is obliged to state in the written notification of defects (hereinafter also referred to as "complaint") to the Trader:
- the Buyer's identification data,
- the goods on which the defects have occurred, indicating the type, serial number,
- the number of the delivery note or invoice with which the goods were delivered to him,
- the place where the goods are located,
- a description of the defect (how it manifests itself), including detailed photographic documentation of the defect,
- the telephone contact and the responsible person with whom the trader will communicate in order to rectify the defects.
- The Buyer is obliged to notify the trader of the defects in writing, by fax, by e-mail to lusja@lusja.sk, by post or delivered in person to Lusja, s.r.o., Textilná 23, Areál ex Texicom, 034 05 Ružomberok, Slovak Republic. The trader is entitled to return the complaint to the trader for completion if any of the agreed data is missing in the complaint.
- The Buyer's rights arising from defects in the goods shall be extinguished:
- the buyer has not notified in accordance with these terms and conditions,
- which are not detected by the buyer, and which are detectable with the exercise of professional care, because the buyer has not carried out an inspection in accordance with these terms and conditions or has not carried it out with professional care,
- which are not discovered by the purchaser later than these terms and conditions specify, notwithstanding that they were discoverable by the exercise of professional diligence.
- No claim for goods shall entitle the Buyer to refuse to make payment under the Contract or to refuse to accept further goods from the Merchant.
- In the event that the goods are located outside the territory of the Slovak Republic, the trader shall arrange for the goods to be transported to the Slovak Republic in order to settle the claim.
- The trader is obliged to store all goods for which he claims against the trader separately in their original condition. The Buyer shall not be entitled to use, sell or otherwise dispose of the goods without the prior written consent of the Merchant. Any such use, sale or alienation shall result in the Goods being deemed to have been delivered free from defects and in accordance with the Contract. The Buyer shall not be entitled to claim for defects in the Goods if the Buyer fails to allow the Merchant to inspect the Goods or the Buyer fails to provide the claimed Goods for inspection.
- The Buyer shall be entitled to claim liability for defects in the goods from the Merchant only if it has fulfilled all obligations to the Merchant arising from the Contract, these Terms and Conditions or any other obligation-law relationship between the Merchant and the Buyer. In case of unsettled financial obligations of the Buyer towards the Merchant, the Merchant shall not be obliged to proceed with the rectification of the defect of the goods, whereby such failure shall not be deemed to be a breach of the Merchant's obligations and the Buyer shall not be entitled to claim any penalties for the failure to rectify the claimed defect.
- The Buyer shall provide the Trader with full cooperation to enable the inspection of the goods.
- If the complaint is justified, the trader shall also determine the time limit and the method of elimination of the defect within the time allowed for the decision on the legitimacy of the complaint according to these terms and conditions. In the case of missing documents or accessories, the trader is obliged to deliver them to the buyer at the place of delivery within a reasonable period of time. In the case of other defects, it may remedy them either by repairing, modifying or replacing them with new goods, or by a discount on the purchase price, the choice of the method of remedying the defect being solely at the merchant's discretion.
- The Buyer is obliged to provide the Trader or persons authorised by the Trader with access to the goods and to provide full cooperation in order to enable the Trader to remedy the defects in the goods when dealing with complaints.
- In the event of an unjustified complaint, the trader is entitled to reimburse the buyer for the costs incurred in connection with the assessment of the alleged defect in the goods (diagnostics, transport costs, work of the technician, materials used).
- The Buyer shall not be entitled to reimbursement of costs which he has demonstrably incurred due to the additional performance of the trader, in particular to reimbursement of the costs of transport of the goods, communication, labour costs and material costs, if these costs are increased by the fact that the goods have been additionally transported to a different place than the place of delivery.
- The trader shall be liable for damages only if they are caused by a culpable and wilful breach of his obligations.
- The liability of the trader towards the buyer in the event of damages is limited to the amount of the price paid by the buyer to the trader under the contract of sale.
- In no event shall the trader be liable to the buyer for indirect damages, in particular damages relating to loss of profit or anticipated profit, loss of anticipated future sales, damage to reputation or goodwill and other costs (e.g. costs of re-transportation of products, costs of withdrawal of products from circulation). Further, the trader shall not be liable for any loss of use of the products, legal fees and costs and contractual fines, other penalties or any claims that the buyer is burdened with by third parties, whether as a result of breach of contract or otherwise. The trader shall not be liable for damages which could not have been foreseen.
Article X - Personal data and their protection
- The Parties agree that for the purpose of proper processing and delivery of the order, the Buyer, if he is a natural person, is obliged to inform the Merchant in the order of his name and surname, permanent address, including postal code, telephone number and e-mail address.
- The Parties agree that for the purpose of proper processing and delivery of the order, the Buyer, if a legal person, is obliged to notify the Trader in the order of his/her business name, registered office address including postal code, VAT number, VAT number (if assigned), telephone number and e-mail address.
- The Buyer, who has registered in the online shop, may at any time check and change the personal data provided, as well as cancel his registration by logging on to the e-commerce website in the section "Changing data" (https://www.lusja.sk/registracia/zmena-udajov).
- In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "Regulation") as well as the related relevant legislation governing the protection of personal data (e.g. Act No. 18/2018 Coll. on the protection of personal data and on amendment and supplementation of certain acts, as amended, the Decree of the Office for the Protection of Personal Data of the Slovak Republic, as amended), the general information obligation regarding the protection of personal data can be found by the buyer on the website of the trader, i.e. https://www.lusja.sk/ochrana-osobnych-udajov/
Article XI - Withdrawal from the Purchase Contract
- If the trader is unable to fulfil his obligations under the contract of sale due to the sale of stock,
unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in thethe merchant has
interrupted production or has made such serious changes that it is impossible to fulfil the merchant's obligations
under the purchase contract or for reasons of force majeure, or if, even with all the efforts that may be fairly
required of him, he is unable to deliver the goods to the buyer within the time limit specified in these terms and
conditions, the merchant is obliged to inform the buyer of this fact without delay and at the same time he is
obliged to offer the buyer alternative performance or the option for the buyer to withdraw from the purchase
contract, respectively. If the purchase contract has not yet been concluded. The Buyer may cancel the order by
telephone or by e-mail. If the Buyer does not accept the substitute performance offered by the Merchant or withdraw
from the Purchase Contract within a reasonable period of time, the Merchant shall be entitled to withdraw from the
Purchase Contract and, if the Buyer has already paid the Purchase Price or part thereof, the Merchant shall be
obliged to refund the Purchase Price or part thereof already paid within 14 days from the date of delivery of the
withdrawal from the Purchase Contract to the Buyer.
If the trader is unable to deliver the goods to the buyer at the price stated in the order for the reasons stated above and notifies the buyer of this fact before binding acceptance of the order, the trader is not obliged to accept the buyer's proposal to conclude the purchase contract.
In the event that the Buyer withdraws from the contract of sale, resp. cancels the order for the reasons stated in this point of these terms and conditions, the trader is obliged to return to the buyer the deposit already paid for the goods agreed in the purchase contract without undue delay, but no later than within 14 days from the date of receipt of the notice of withdrawal from the contract in the same way as used by the buyer in his payment, unless agreed with the buyer on a different method of return without charging the buyer any additional fees. - The Buyer is entitled to withdraw from the contract of sale without giving any reason in accordance with Art. § 19 et seq. Act within 14 days from the date of receipt of the goods, or from the date of conclusion of the contract for the provision of services or the contract for the supply of digital content, which the trader delivers other than on a tangible medium, if the trader has timely and properly fulfilled the information obligations pursuant to Section 15 of the Act.
- Within this period, the Buyer has the right to unpack and test the goods after receipt in a manner similar to that customary when buying in a traditional "brick-and-mortar" shop, to the extent necessary to ascertain the nature, characteristics and functionality of the goods.
- The withdrawal period begins on the day on which the buyer or a third party designated by the buyer, with the exception of the carrier, takes delivery of all parts of the goods ordered, or if
- the goods ordered by the buyer in a single order are delivered separately, from the date of receipt of the goods which were delivered last,
- delivers goods consisting of several parts or pieces, from the date of receipt of the last part or piece,
- delivers goods repeatedly under contract over a specified period, from the date of receipt of the first goods delivered.
- The buyer may also withdraw from the contract of sale, the subject of which is the purchase of the goods, before the withdrawal period has begun.
- The buyer may exercise the right to withdraw from a distance contract in paper form or in the form of a record on another durable medium. The Buyer may use the model withdrawal form attached as Annex 1 to these Terms and Conditions.
- The withdrawal form pursuant to the preceding paragraph of these terms and conditions must contain information on the basis of which the trader can clearly and without any doubt identify the order and the product which the customer wishes to return. Such information includes, for example, the information required in the model withdrawal form, which forms Annex 1 to these terms and conditions: identification of the buyer, the date or number of the order, the name and specification of the goods. We recommend that you also indicate your preferred method for the trader to return the goods already received, in particular the account number and/or postal address of the buyer.
- The trader is obliged to provide the buyer with a confirmation of receipt on a durable medium immediately after receipt of the withdrawal notice, if the buyer has withdrawn from the contract by using the special withdrawal function or form available on the trader's online interface.
- If the Buyer withdraws from the Purchase Contract, any ancillary contract relating to the Purchase Contract from which the Buyer has withdrawn shall also be cancelled from the outset. This does not apply if the parties expressly agree on the further duration of the supplementary contract. No costs or other payments may be claimed from the purchaser in connection with the cancellation of the supplementary contract, except for the costs and payments referred to in Art. § 21(3) and (5), and in Art. § 22(3) of the Act and the price for the service, if the subject matter of the contract is the provision of a service and the service has been fully provided.
- The Buyer is obliged to send the goods back to the address of the Operator's registered office without undue delay, but at the latest within 14 days from the date of withdrawal from the contract of sale, or to hand them over to the trader or a person authorised by the trader to take over the goods. This does not apply if the trader has offered to collect the goods personally or through a person authorised by the trader. The time limit under the first sentence of this paragraph of these terms and conditions shall be deemed to have been observed if the goods have been handed over for carriage on the last day of the time limit at the latest.
- The Buyer is obliged to deliver the goods to the Trader complete, including all documentation, undamaged, preferably in their original packaging and unused.
- It is recommended to insure the goods. The trader does not accept cash on delivery. The trader is obliged to return to the buyer without undue delay, at the latest within 14 days from the date of receipt of the notice of withdrawal, all payments received from the buyer on the basis of or in connection with the contract of sale, including the costs of transport, delivery and postage and other costs and charges. The trader shall not be obliged to refund payments to the buyer under this clause of these terms and conditions before the goods have been delivered to the buyer or until the buyer proves that the goods have been sent back to the trader, unless the trader proposes to collect the goods in person or through a person authorised by the trader.
- The trader is obliged to refund to the buyer all payments to the extent corresponding to the withdrawal from the contract if the buyer has not withdrawn from the entire distance contract but has withdrawn only in relation to specific products. The trader cannot charge the buyer additional costs for transport, delivery, postage and other costs and fees.
- The trader is not obliged to pay the buyer additional costs if the buyer has expressly chosen a delivery method other than the cheapest normal delivery method offered by the trader. Additional costs means the difference between the cost of delivery chosen by the buyer and the cost of the cheapest delivery method offered by the trader.
- The buyer shall bear the cost of returning the goods to the trader or to the person authorised by the trader to take delivery of the goods. This does not apply if the trader has agreed to bear them himself or if he has not fulfilled his obligation under section 15(1)(g) of the Act.
- The buyer shall be liable for any diminution in the value of the goods resulting from such handling of the goods as is beyond the handling necessary to ascertain the characteristics and functionality of the goods. The buyer shall not be liable for the diminution in value of the goods if the trader has not fulfilled the information obligation on the buyer's right to withdraw from the contract pursuant to Section 15(1)(f) of the Act on Consumer Protection in Distance Selling.
- The trader is obliged to refund the purchase price of the goods to the buyer in the same way as the buyer used for his payment, unless he agrees with the buyer on another way of refunding the payments without charging the buyer any additional fees in this respect.
- In the event that the Buyer withdraws from the Contract and delivers to the Merchant Goods that are used, damaged or incomplete, the Buyer shall reimburse the Merchant:
- the value by which the value of the goods has been reduced within the meaning of Section 457 of the Civil Code in the actual amount,
- the costs incurred by the trader in connection with the repair of the goods and their restoration to their
original condition, calculated in accordance with the price list for the after-sales service of the
goods.
The buyer is obliged to pay the merchant compensation in accordance with this point of the terms and conditions in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract. - Unilateral set-off of claims of the trader and the buyer arising from the withdrawal from the contract pursuant to § 19 paragraph 1 of the Act is prohibited.
- In accordance with Art. § 19 (1) of the Act, the buyer may not withdraw from the contract, the subject matter of which are:
- delivery of goods manufactured to the buyer's specifications or custom-made goods,
- the delivery of goods which are subject to rapid deterioration or perishability,
- the delivery of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been broken after delivery,
- the delivery of sound recordings, video recordings, audiovisual recordings or software sold in protective packaging which has been damaged after delivery,
- the delivery of goods which, by their nature, may be inextricably mixed with other goods after delivery,
- the supply of digital content other than on a tangible medium, where the supply has been commenced with the express consent of the buyer and the buyer has declared that he has been duly informed that the expression of such consent forfeits the right to withdraw from the contract by commencing the supply of the digital content and the trader has provided the buyer with confirmation to that effect,
- the provision of the service where the provision of the service has commenced with the express consent of the buyer and the buyer has declared that he has been duly informed that by giving that consent he loses the right of withdrawal once the service has been fully provided, and where the service has been fully provided,
- the supply or provision of a product the price of which depends on price movements in the financial market which are beyond the trader's control and which may occur during the withdrawal period,
- the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, the delivery of which can take place at the earliest after 30 days and the price of which depends on price movements in the market which are beyond the trader's control,
- the performance of urgent repairs or maintenance during a visit to the buyer's premises which the buyer has expressly requested from the trader; this does not apply to a contract the subject-matter of which is the provision of a service other than repair or maintenance and to a contract the subject-matter of which is the supply of goods other than a spare part necessary for the performance of the repair or maintenance, if the contracts were concluded during the trader's visit to the buyer's premises and the buyer has not ordered those goods or services in advance,
- the supply of periodicals other than those supplied under a subscription contract,
- goods purchased at public auction,
- the supply of accommodation services for purposes other than housing, the transport of goods, the hire of cars, the supply of catering services or the supply of services in connection with leisure activities, where the contract requires the trader to provide those services at a precisely agreed time or within a precisely agreed period.
- The provisions of Article 11 of these terms and conditions expressly apply only to subjects who meet the definition of a consumer set out in Art. § Section 52(4) of the Civil Code. The provisions of Article 11 of these terms and conditions expressly do not apply to entities that do not meet the definition of a consumer set out in Art. § Section 52(4) of the Civil Code.
Article XII - Final Provisions
- If the contract of sale is concluded in writing, any modification thereof must be in writing.
- The Parties agree that communication between them shall be in the form of e-mail messages.
- Relationships not regulated by these terms and conditions are subject to the relevant provisions of the Civil Code, the Act, Act No. 22/2004 Coll. No. 128/2002 Coll. No. 284/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments and Additions to Certain Acts, as amended by Act No. 284/2002 Coll. as amended and the Act.
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The consumer has the right to submit a request for redress to the trader if a dispute arises between the consumer
and the trader arising from the exercise of rights under liability for defects or if the consumer believes that the
trader has violated other consumer rights. If the trader responds to the request for redress in a negative manner or
fails to respond within 30 days from the date of its dispatch, the consumer has the right to submit a proposal for
the initiation of an alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015
Coll. on Alternative Dispute Resolution and on Amendments and Additions to Certain Acts.
The competent entity for alternative dispute resolution of consumer disputes with the trader is the Slovak Trade Inspection P.O.Box 29, Bajkalská 21/A, 827 99 Bratislava, www.soi.sk or another competent authorised legal person registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk); the consumer has the right to choose which of the above-mentioned alternative dispute resolution entities he/she will turn to.
The consumer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit a proposal for alternative dispute resolution.
These terms and conditions shall take effect against the buyer upon conclusion of the purchase contract. - Before submitting the order, the Buyer will be asked to confirm by ticking the box that he/she has read these terms and conditions, has read them, understands their content and agrees to them in their entirety.
Forms and documents
In this section you will find the form for Withdrawal from the Purchase Contract and the Instructions for exercising the Buyer's right to withdraw from the Purchase Contract.