Terms and Conditions

The purpose of these terms and conditions is to define and specify the rights and obligations of the seller (supplier) on the one hand and the buyer (customer, consumer) on the other hand. All contractual relations between the Seller and the Buyer are concluded in accordance with the law of the Slovak Republic. If the consumer is a contracting party, legal relations not regulated by these terms and conditions are governed by Act No. 40/1964 Coll., the Civil Code, as amended, Act No. 250/2007 Coll., the Consumer Protection Act, as amended, Act No. 108/2000 Coll., the Consumer Protection in Home Sales and Mail Order Sales Act, as amended. If the contracting party is an entrepreneur, the legal relations not regulated by these terms and conditions are governed by Act No. 513/1 991 Coll., the Commercial Code, as amended.

Definition

1.1 In these Terms and Conditions:

1.1.1 E-shop” means a computer program – an internet application, which is available on the Internet via the internet address https://HiByeGoods.com, whose main functionality is to display, select and order goods by the User;

1.1.2 “Consumer Contract” means a Purchase Contract where the parties to the Contract are on the one hand the Supplier and on the other hand the Consumer;

1.1.3 “Seller” (supplier) a person who, in concluding and performing a consumer contract, acts within the scope of his trade or other business. It is an entrepreneur who offers or sells products or services to the consumer and also an entrepreneur who, directly or through other entrepreneurs, supplies the buyer with a product;

1.1.4 “Consumer” (buyer) is a person who purchases products or uses services for personal use or for members of his household and who is not acting within the scope of his trade or other business when concluding and performing a consumer contract;

1.1.5 A buyer who is not a consumer is a person who acts in the course of his trade or other business activity when concluding and performing a purchase contract;

1.1.6 Conclusion of the Purchase Contract – the Buyer’s order constitutes a proposal for the conclusion of the Purchase Contract. The Purchase Contract itself is concluded at the moment of delivery of the Seller’s binding consent to the Purchaser’s draft Purchase Contract, i.e. binding confirmation of the Purchase Order by the Seller. From this moment on, mutual rights and obligations between the Seller and the Buyer arise, which are defined in the Purchase Contract and these Terms and Conditions. The terms and conditions are an integral part of the purchase contract;

1.1.7 “Shopping Cart” means the part of the E-shop that is automatically generated by the activation of the relevant functions by the User as part of his/her actions in the user environment of the E-shop, in particular by adding or removing Goods or Services and/or changing the quantity of the selected Goods or Services;

1.1.8 “Civil Code” means Act No. 40/1964 Coll., the Civil Code, as amended;

1.1.9 “Operator” means COMMON s.r.o., registered office: Laurinská 4,, Bratislava 81101, ID No: 51 057 999 , with place of business Bratislava 81101 SR

1.1.10 “Access Credentials” means the unique login name and associated password entered by the User into the E-Shop database during Registration;

1.1.11 “Registration” means the electronic registration of the User to the E-shop database by filling in at least the mandatory registration data in the E-shop user interface and Access Data and their subsequent storage in the E-shop database;

1.1.12 “User” means any legal or natural person who uses the E-shop;

1.1.13 “User Account” means the part of the E-shop that is set up for each individual User by Registration (i.e. is unique for each User) and made available after entering the Access Data;

1.1.14 “Goods” means the item offered by the Operator for sale to the User via the E-shop and, if offered, the licence to use the item;

Contract conclusion process

2.1 The Operator offers the Users to conclude a Purchase Contract through the E-shop. The Operator’s offer to conclude the Purchase Contract is the display of a button marked “Confirm Order” in the user interface of the E-shop.

2.2 The User’s unconditional acceptance of the Operator’s offer to conclude the Purchase Contract pursuant to paragraph 2.1 of these Terms and Conditions shall be deemed to be the User’s click on the button marked “Confirm Order“.

2.3 The unconditional acceptance of the offer pursuant to paragraph 2.2 of these Terms and Conditions constitutes the conclusion of the Purchase Contract.

2.4 The Contract is concluded at the moment when the electronic information about clicking on the “Confirm Order” button by the User reaches the server where the E-shop is installed via the Internet.

2.5 The User undertakes to fill in the relevant text fields in the user environment of the E-shop with true and complete data, in particular to fill in his/her email address, identification data and, where applicable, delivery address. The User acknowledges that the Operator shall reasonably consider the data entered by him/her to be correct and complete and is neither obliged nor entitled to check the data entered.

2.6 The Operator shall send the User an email message about the conclusion of the Purchase Agreement to the email address entered by the User in the relevant field in the user environment of the E-shop.

Purchase contract

3.1 Upon conclusion of the Purchase Agreement, the following provisions shall become effective:

3.1.1 The User purchases from the Operator the Goods that the User has selected in the user environment of the E-shop by inserting them into the Shopping Cart, in the quantity that the User has selected and/or set for the Goods in the user environment of the E-shop, and the User undertakes to pay the Operator for the Goods the price that is indicated for such Goods in the user environment of the E-shop.

3.1.2 The Operator shall have the right to withdraw from the Purchase Contract for any reason or no reason until the Goods have been dispatched to the User. The legal action of the Operator consisting in notifying the User that the Goods ordered by him cannot be delivered shall also be deemed to be a withdrawal from the Purchase Contract.

3.1.3 The Operator shall be entitled at any time to request additional order confirmation from the User and shall be entitled to delay the dispatch of the Goods to the User until it has received confirmation of the order from the User.

3.1.4 The method of packing the Goods shall be determined solely by the Operator.

3.1.5 The User is obliged to pay to the Operator the costs associated with the packaging and delivery of the goods to the User in the amount specified for the order in the user environment of the E-shop.

3.1.6 The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and, if applicable, other monetary payments to the Operator.

3.1.7 If any of the payment methods contains information about the costs of transferring such payment, the User is obliged to bear the costs of transferring this payment, which are indicated for the payment in the user environment of the E-shop.

3.1.8 In case of non-cash payment by bank transfer, the User is obliged to indicate the variable symbol specified by the Operator.

3.1.9 In the case of non-cash payment, the User’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the bank account designated by the Operator.

3.1.10 The Operator has the right to grant the User a discount on the price of the Goods. Discounts on the price of the Goods may be combined with each other unless expressly stated otherwise for a particular discount.

3.1.11 The purchase price for the Goods does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are the sole costs of the User.

3.1.12 The Operator reserves the ownership right to the Goods, which are the subject of the Purchase Contract until the full payment of the purchase price for the Goods by the User.

3.1.13 The Operator undertakes to deliver the Goods to the User within a reasonable time from the conclusion of the Purchase Agreement. All time limits for delivery of the Goods specified in the user interface of the E-shop are indicative only.

3.1.14 The Operator shall always send the User a tax document – invoice in electronic form to the User’s email address entered in the User’s E-shop environment when placing the order.

3.1.15 If a gift is provided to the User by the Operator together with the Goods, the gift contract between the User and the Operator is concluded with the termination condition that if the Purchase Contract is cancelled, the gift contract is cancelled without further delay together with the Purchase Contract and the User is obliged to return the gift to the Operator together with the purchased Goods.

3.1.16 The Operator provides the User with a warranty for the purchased Goods, if the warranty period is specified for the Goods in the user environment of the E-shop, for the duration of the specified warranty period, while the warranty so specified is valid only for Consumers.

3.1.17 The User is entitled to assert the rights arising from defective performance at the Operator’s registered office and/or business address. The moment when the Operator receives the claimed Goods from the User shall be deemed to be the moment when the claim is made.

3.1.18 If the Goods are stated to be used within the user interface of the E-shop, the User shall purchase the Goods in used condition, including the stated defects of the Goods.

3.1.19 The risk of loss, damage and/or destruction of the Goods which are the subject of the Purchase Contract shall pass to the User who is a Consumer at the moment of acceptance of the Goods by the User.

3.1.20 The risk of loss, damage and/or destruction of the Goods which are the subject of the Contract shall pass to the User who is not a Consumer at the moment of acceptance of the Goods by the User.

User account

4.1 The User has the right to create a User Account by Registering.

4.2 The User is obliged to enter the Access Credentials before accessing the User Account.

4.3 The User’s identification data entered during Registration shall be deemed to be the data entered during the order of each Goods made by the User after logging in to his User Account.

4.4 The User shall not provide third parties with Access Data or any other access to the User Account. The User shall take all reasonable measures to keep them confidential. The User shall be fully liable for any unauthorised use of such Access Data or User Account and for any damage caused thereby to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the User is obliged to notify the Operator without undue delay. The Operator shall provide the User with new access data within a reasonable period of time.

4.5 The Operator is entitled to unilaterally change these Terms and Conditions; the change shall be notified to the User via the E-shop and/or by email message to the User’s email address entered in the E-shop database. The User shall have the right to reject the changes to the Terms and Conditions within 7 days from the first login to the User’s account after notification of the change to the Terms and Conditions (in the case of delivery via the E-shop) or from the delivery of the email message to the User’s email inbox (in the case of delivery via email message) and to terminate the obligation for this reason within a notice period of 7 days, which the parties agree is sufficient to procure similar performance from another supplier.

Information for the Consumer

5.1 The Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods. In the event that the subject of the Purchase Contract is several kinds of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of Goods. Withdrawal from the Purchase Contract must be sent to the Operator (as the Seller) within the period specified in this paragraph.

5.2 If the Consumer withdraws from the Purchase Contract, he/she is obliged to notify in writing the number of his/her bank account for the refund of the purchase price for the Goods, which may be reduced if the legal reasons for this are met.

5.3 If the Consumer withdraws from the Purchase Contract in respect of Goods which are returned to the Operator damaged and/or worn out, in particular if the original markings of the Goods (i.e. labels, stickers, etc.) are removed, the Consumer shall be obliged to reimburse the Operator for the cost of restoring the Goods to their original condition.

5.4 In the event of the Consumer’s withdrawal from the Purchase Contract, the Operator is obliged to refund the purchase price to the Consumer without undue delay, no later than 14 days from the date on which the Consumer was informed of the decision to withdraw from the Purchase Contract.

5.5 If the Consumer has received Goods consisting of movable items under the Purchase Contract, he is obliged to send them back to the Operator without undue delay, no later than 14 days from the date of withdrawal from the Purchase Contract, or to hand them over at the address of the Operator’s premises or registered office. The time limit shall be deemed to have been observed even if the movable items are sent to the Operator no later than the last day of the aforementioned period.

5.6 The right to exercise the right of withdrawal from the contract of sale expires if the consumer violates the provisions 6.13,6.14,6.15 of the Terms and Conditions

5.7 The Consumer shall be liable to the Operator for any diminution in the value of the Goods as a result of handling the Goods in a manner other than that necessary to familiarise the Consumer with the nature and characteristics of the Goods, including their functionality.

5.8 The Operator makes use of the possibility of out-of-court resolution of consumer complaints. In the event of a complaint, Consumers may contact the relevant employee of the Operator free of charge via the email address office@hibyegoods.com

Complaints Procedure

6.1 The Operator shall be liable to the Consumer that the Goods are free from defects on receipt. This does not apply if the subject of the Purchase Contract is Goods with defects which the Operator, if known to it or, taking into account all the circumstances, should have been known to it, is obliged to notify to the Consumer.

6.2 If the Goods contain defects, the Consumer has the right to demand delivery of new Goods without defects, unless this is unreasonable in view of the nature of the defect, or if the subject of the Purchase Contract was Goods with defects which the Operator, if the defects were known to him or should have been known to the Consumer, taking into account all the circumstances, notified to the Consumer. If the defect relates only to a part of the Goods, the Consumer may only request the replacement of that part of the Goods; if this is not possible, the Consumer has the right to withdraw from the Purchase Contract.

6.3 The Consumer has the right to delivery of new Goods or replacement of a part of the Goods even in case of a remediable defect, unless the Goods cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Consumer has the right to withdraw from the Purchase Contract.

6.4 If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to delivery of new Goods without defects, or to replacement of its parts or to repair of the Goods, the Consumer may demand a reasonable discount on the price of the Goods. The Consumer shall also be entitled to a reasonable discount on the price of the Goods if the Operator cannot deliver new Goods free from defects, replace a part of the Goods or repair the Goods, as well as if the Operator fails to remedy the defect within a reasonable time or if remedying the defect would cause the Consumer significant difficulties.

6.5 The Consumer shall not be entitled to the right of defective performance if the Consumer knew prior to taking delivery of the Goods that the Goods were defective or if the Consumer caused the defect.

6.6 The Operator’s liability for defects in the Goods shall not extend to wear and tear of the Goods caused by their normal use, in the case of Goods sold for a lower purchase price to the defect for which the lower purchase price was agreed, in the case of used Goods to the defect corresponding to the degree of use or wear and tear that the Goods had when received by the Consumer, or if this is apparent from the nature of the Goods.

6.7 If the Goods are under warranty, the Consumer has the right to claim liability for defective performance within the warranty period.

6.8 At the Consumer’s request, the Operator is obliged to provide the Consumer with a warranty certificate. If the nature of the Goods so permits, it shall be sufficient to issue the Consumer with a proof of purchase of the Goods containing the information that must be contained in the warranty certificate instead of the warranty certificate.

6.9 In the event that the Consumer exercises his right to eliminate defects in the Goods by repairing them, in the case of Goods for which a business operator other than the Operator, whose registered office or place of business is in the same place as the Operator or in a place closer to the Consumer, is designated for the purpose of warranty repairs, the Consumer shall exercise the right to warranty repairs with this business operator.

6.10 Complaints about the Goods, including the removal of defects of the Goods, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the Operator and the Consumer agree on a longer period. After the expiry of this period, the Consumer shall have the same rights as if it were a material breach of the Contract.

6.11 The time limit for processing a complaint does not expire if the Operator has not received from the Consumer all the documents necessary for processing the complaint until the documents are delivered.

6.12 The Operator or its designee shall, after the complaint has been properly processed, invite the Consumer to take delivery of the repaired Goods.

6.13 The right to claim the rights from defects of the Goods shall be extinguished in case of unprofessional assembly or unprofessional commissioning of the Goods, as well as in case of unprofessional handling of the Goods, i.e. in particular in case of use of the Goods in conditions that do not correspond to the parameters specified in the documentation for the Goods.

6.14 For a proper assessment, it is necessary that the claimed goods are clean, complete and in compliance with the hygiene regulations or general hygiene principles.

6.15 When using the goods, the consumer is obliged, in addition to the generally known rules, to observe the conditions set out for the use of the goods in the warranty card or in the instructions for use, to use and care for the goods in accordance with their natural lifetime.

6.16 The right to exercise the right of withdrawal from the Purchase Contract and the right to claim the Goods shall expire if the Consumer violates the provisions of 6.13,6.14,6.15 of the Terms and Conditions.

Alternative dispute resolution

7.1 The Customer – Consumer – has the right to contact the Operator – Seller with a request for redress by e-mail to complaint@hibyegoods.com 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 to this request in a negative manner or fails to respond within 30 days of sending it, the Consumer has the right to submit a proposal for the initiation of alternative dispute resolution to an alternative dispute resolution entity (hereinafter referred to as ADR entity) pursuant to Act No. 391/2015 Coll., Act No. 391/2015 Coll., Act No. 391/2015 Coll. 391/2015 Coll.

7.2 The Consumer may also lodge a complaint via the RSO’s Alternative Dispute Resolution platform, which is available online at: http://ec.europa.eu/consumers/odr/index_en.htm.

http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi

7.3 Alternative Dispute Resolution may only be used by the Consumer – a natural person who does not act within the scope of his business, employment or profession when concluding and performing a consumer contract. Alternative Dispute Resolution applies only to a dispute between the Consumer and the Seller arising out of or related to a consumer contract. Alternative dispute resolution applies only to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the Consumer to pay a fee for the initiation of ADR up to a maximum of EUR 5 including VAT.

Privacy Policy

8.1 When processing personal data, the Controller shall comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (hereinafter referred to as the “GDPR”) and Act No. 18/2018 Coll. on the protection of personal data and on the amendment and supplementation of certain laws.

8.2 Details of how we collect, process and protect the personal data of our customers when using our services are set out in our privacy policy at https://www.hibyegoods.com/ako-nakupovat/ochrana-sukromia/

Use of the E-shop

9.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Terms and Conditions.

9.2 The Operator has the right to change the E-shop, i.e. its technical design and/or user interface.

9.3 The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time necessary for maintenance or repair of the E-shop.

9.4 The User is obliged to comply with the valid and effective legislation of the Slovak Republic and the European Community when using the E-shop. The User is obliged to compensate the Operator or third parties in full for any damage caused to the Operator or third parties as a result of the User’s breach of this obligation.

9.5 In the event of a breach of these Terms and Conditions or the Purchase Agreement or of valid and effective legislation, the Operator has the right to terminate the User Account.

Declarations of the Operator

10.1 The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and are protected against changes.

10.2 As a result of a technical error in the E-shop, the purchase price of the Goods may be displayed which does not correspond to the usual price for such Goods on the market; in such a case the Operator shall not be obliged to deliver the Goods at the displayed purchase price, contact the User and inform him of the actual purchase price of the Goods and the User shall have the right to decide whether to accept the Goods at the actual purchase price and, if he does not do so, the Purchase Agreement shall be cancelled from the outset.

10.3 The User acknowledges that the photographs of the Goods in the E-shop may be illustrated or may give a distorting impression as a result of their transfer to the User’s technical means of display, therefore the User is always obliged to read the full description of the Goods and contact the Operator in case of any doubts.

10.4 The Operator’s contact details for communication with the User are listed in the user interface of the E-shop in the contact details section.

Right of withdrawal from the contract of sale

11.1 The Buyer is entitled to withdraw from the Purchase Contract without giving any reason in accordance with § 7 et seq. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter referred to as the “Act on Consumer Protection in Distance Selling”) within 14 days from the receipt of the goods, or from the date of conclusion of a contract for the provision of services or a contract for the provision of electronic content not delivered on a tangible medium, if the Seller has timely and properly fulfilled the information obligations under Section 3 of the Act on Consumer Protection in Distance Selling.

11.2 Within this period, the Buyer has the right to unpack the goods after receipt and test them in a manner similar to the usual way when buying in a traditional “brick-and-mortar” store, to the extent necessary to determine the defects, features and functionality of the goods.

11.3 The Buyer is obliged to send back the goods or hand them over to the Seller or a person authorized by the Seller to take over the goods within 14 days from the date of withdrawal from the Contract at the latest. This does not apply if the Seller proposes to collect the goods in person or through a person authorised by the Seller. The time limit under the first sentence shall be deemed to have been complied with if the goods have been handed over for carriage on the last day of the time limit at the latest.

11.4 Withdrawal from the contract is not possible in the case of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery.

11.5 If the Buyer has already received the ordered goods, he is obliged to return them in the original undamaged packaging. If the Buyer returns the ordered goods damaged, partially consumed or in a condition that does not correspond to the condition in which they were sent by the Seller, the Buyer acknowledges that the Seller is entitled to charge the damage so incurred, which the Seller is obliged to prove, from the amount paid by the Buyer for the ordered goods.

11.6 The Buyer is also obliged to indicate in the withdrawal the contact details and account number to which the amount for the ordered Goods is to be paid by the Seller. The Seller is obliged to return to the Buyer without undue delay, no later than 14 days from the date of receipt of the notice of withdrawal, all payments received from the Buyer under or in connection with the Contract. The Seller shall not be obliged to refund such payments to the Buyer before the goods are delivered to the Buyer or until the Buyer has proved that the goods have been sent back to the Seller, unless the Seller proposes to collect the goods in person or through a person authorised by the Seller.

11.7 If the Buyer withdraws from the Purchase Contract, the Purchase Contract shall be cancelled from the beginning, as well as any supplementary contract related to the Purchase Contract from which the Buyer has withdrawn. No costs or other payments may be claimed from the Buyer in connection with the cancellation of the supplementary contract, except for the costs and payments referred to in Sections 9(3), 10(3) and (5) of the Act on Consumer Protection in Distance Selling and the price for the service, if the subject matter of the contract is the provision of a service and the service has been provided in full.

11.8 The Buyer shall bear the cost of returning the Goods to the Seller or to a person authorised by the Seller to take delivery of the Goods. This does not apply if the Seller has agreed to bear them himself or if he has not fulfilled his obligation under Section 3(1)(i) of the Distance Selling Consumer Protection Act.

11.9 The Buyer shall only be liable for any diminution in the value of the Goods resulting from handling of the Goods beyond that necessary to establish the characteristics and functionality of the Goods. The Consumer shall not be liable for the diminution in value of the Goods if the Seller has failed to comply with the information obligation on the Consumer’s right to withdraw from the Contract pursuant to Section 3(1)(h) of the Act on Consumer Protection in Distance Selling.

11.10 In the event that the Buyer withdraws from the Contract and delivers to the Seller Goods that are used, damaged or incomplete, the Buyer undertakes to reimburse the Seller for 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 and the costs incurred by the Seller in connection with the repair of the Goods and their restoration to their original condition calculated according to the price list for (post-)warranty servicing of the Goods. The Buyer shall be obliged to pay the Seller, in accordance with this clause of the Complaints and Terms and Conditions, compensation not exceeding the difference between the purchase price of the Goods and the value of the Goods at the time of withdrawal from the Purchase Contract.

11.11 In accordance with § 7 (6) of the Act on Consumer Protection in Distance Selling, the Buyer cannot withdraw from the contract, the subject of which is:

the sale of goods made to the consumer’s specific requirements, made-to-measure goods or goods designed specifically for a single consumer,
the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery,
the sale of sound recordings, visual recordings, audio-visual recordings, books or computer software sold in protective packaging if the consumer has unwrapped the packaging,
the provision of electronic content otherwise than on a tangible medium, where the provision of the electronic content has been initiated with the express consent of the consumer and the consumer has declared that he has been duly informed that he loses the right of withdrawal by expressing that consent.
the sale of goods which, at the time after the conclusion of the contract and the receipt of the goods from the seller to the buyer, have been assembled, folded or used in such a way that their restoration to their original condition by the seller is not possible without increased effort and increased costs, e.g. folded or assembled furniture, etc.

Final provisions

12.1 Relationships not regulated by these Terms and Conditions are subject to the relevant provisions of the Civil Code, 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 Act No. 102/2014 Coll. on consumer protection in distance selling.

12.2 The supervisory authority is the Slovak Trade Inspection Authority.

12.3 The Consumer has the possibility to turn to an alternative consumer dispute resolution body, which is (albeit only non-bindingly) entitled to consider any disputes between the Consumer as a customer of the E-shop and the E-shop Operator.

12.4 These Terms and Conditions of Sale and Complaints shall become effective against the Buyer upon the conclusion of the Purchase Contract.

Applicable law

13.1 These Terms and Conditions, as well as the Purchase Contract, are governed by the law of the Slovak Republic.

Effectiveness

14.1 These Terms and Conditions are effective from 17.07.2024

9 Use of the E-shop

9.1 The Operator hereby grants the User a non-exclusive licence to use the E-shop in the manner provided for in these Terms and Conditions.

9.2 The Operator has the right to change the E-shop, i.e. its technical design and/or user interface.

9.3 The Operator has the right to restrict or interrupt the functionality of the E-shop or access to it for the time necessary for maintenance or repair of the E-shop.

9.5 In the event of a breach of these Terms and Conditions or the Purchase Agreement or of valid and effective legislation, the Operator shall have the right to terminate the User Account.

10 Declarations of the Operator

10.1 The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and are protected against changes.

10.4 The Operator’s contact details for communication with the User are listed in the user interface of the E-shop in the contact details section.

11 Right of withdrawal from the contract of sale

11.2 Within this period, the Buyer has the right to unpack the goods after receipt and test them in a manner similar to the usual purchase in a traditional “brick-and-mortar” store, to the extent necessary to determine the defects, features and functionality of the goods.

11.11 In accordance with § 7 (6) of the Act on Consumer Protection in Distance Selling, the Buyer cannot withdraw from the contract, the subject of which is:

the sale of goods made to the consumer’s specific requirements, made-to-measure goods or goods designed specifically for a single consumer,
the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery,
the sale of sound recordings, visual recordings, audio-visual recordings, books or computer software sold in protective packaging if the consumer has unwrapped the packaging,
the provision of electronic content otherwise than on a tangible medium, where the provision of the electronic content has been initiated with the express consent of the consumer and the consumer has declared that he has been duly informed that he loses the right of withdrawal by expressing that consent.
the sale of goods which, at the time after the conclusion of the contract and the receipt of the goods from the seller to the buyer, have been assembled, folded or used in such a way that their restoration to their original condition by the seller is not possible without increased effort and increased costs, e.g. folded or assembled furniture, etc.

12 Final provisions

12.2 The supervisory authority is the Slovak Trade Inspection Authority.

12.4 These Terms and Conditions of Sale and Complaints shall become effective against the Buyer upon the conclusion of the Purchase Contract.

13 Governing law

13.1 These Terms and Conditions, as well as the Purchase Contract, are governed by the law of the Slovak Republic.

14 Efficiency

14.1 These Terms and Conditions are effective from 17.07.2024