Terms and Conditions
I. Introductory Provisions
1. These General Sales Terms and Conditions (hereinafter the “GSTC”) are published by TAKIK vydavateľstvo, s.r.o., with its registered office at Krompašská 510/96, 040 01 Košice, ID No. 45258767 registered in the Business Register of the District Court Košice I, Section: Sro, Insert nr. 24508/V (hereinafter the “Seller”) and are valid for purchase in the TAKTIK online shop yoopy.hu (hereinafter the “online shop”) and other potential orders made by buyers through the phone or via mail.
Seller’s contact details:
TAKTIK vydavateľstvo, s.r.o., with its registered office at Krompašská 510/96, 040 01 Košice, registration number: 45258767, registered in the Business Register of the District Court Košice I, Section: Sro, Insert nr. 24508/V
VAT ID: SK2022906292
Postal address: P.O. Box 100, 040 11 Košice
Phone number: 0950 103 205 (between 7.30 – 16.00)
contact for complaints - email@example.com
2. These GSTC regulate business relationships and are applicable to business transactions concluded through the online shop, at a distance, between the Buyer (consumer or entrepreneur) and the Seller (supplier of goods and services).
3. Consumer is a natural person, that concludes business, i.e. acquires goods or services for direct use or ownership rather than for resale or use in production and manufacturing.
4. Entrepreneur is a person registered in the Business Register, or a person that is conducting business based on trade permit, or a person that is conducting business based on other than trade permit in under specific legislation, or a person, that conducts agricultural business and is registered under special rules.
5. The Seller publishes the list of goods offered to the Buyer to purchase and enables the Buyer to purchase goods.
6. The parties to the contract agreed, that these GSTC valid on the day of contract conclusion will be considered as an inseparable part of any distance contract concluded between the Seller and the Buyer, unless otherwise stated. If the Seller and the Buyer conclude a contract with different conditions than mentioned in these GSTC, those special provisions may prevail over these GSTC. Such conditions shall not be in conflict with any legislation (reducing the time for returning goods, reducing warranty period, etc.). All the contractual relationships are concluded in accordance with the legislation of Slovak republic.
7. If the goods are supplied or the services are provided by the Seller or a third party based on their agreement, the Buyer acquires goods or has the service rendered on the basis of an ancillary contract made for the purposes of these GTSC.
8. The distance sale of goods and provision of transport is supervised by:
Slovak Trade Inspection (SOI)
Inspectorate for the Košice region
Vrátna 3, P. O. BOX A-35, 040 65 Košice 1
Phone nr. 055/729 07 05, 055/622 76 55
Fax nr. 055/622 46 95
II. Goods and Prices
1. Information about goods presented on the site of the online shop are drawn from the Seller’s databases and from other publicly available sources of producers of similar goods. The Buyer acknowledges, that the display of colours on the goods’ title page is dependent on the quality of the used equipment’s screen. The Buyer also acknowledges, that the title page of the good can be different depending on the edition.
2. All the prices displayed on any site run by the Seller include the amount of VAT set by the regulation of Slovak Republic in force and exclude the price of the transport and any other optional services. The purchase price is provided solely for the particular goods. All the eventual sale prices published on the site of the online shop are in effect until stocks run out, unless stated otherwise for specific products.
3. The Seller reserves the right to change the price of goods in their offer at any time. The change of goods’ price does not affect the contracts concluded before the price change, whether or not the goods were delivered. The applicable price is stated in the order confirmation sent by the Seller. Only if the purchase price is higher that the purchase price stated in the offer of the online shop at the time of the Buyer’s order, an e-mail with the subject “Order nr. XY at Yoopy.hu” is deemed to be an offer from the Seller to conclude a contract on a higher price, which the Buyer has to explicitly confirm (e-mail) to conclude a valid contract.
III. Sales Contract
1. An order made by the Buyer by filling in and sending a form from the online shop of the Seller, or an order received by the Seller through the phone or by mail is deemed to be a binding offer from the Buyer. An order, that is missing any of the required information shall not be considered a binding offer from the Buyer, therefore the Seller is not obliged to accept such an incomplete offer. The Seller may request the Buyer to complete missing data, but it is not required to do so.
2. The Buyer by ticking the checkbox in the process of concluding the contract through the online shop and its subsequent sending to the Seller confirms, that they acquainted themselves with the GTSC, which they fully understand, and that they accept them, moreover that they are aware of the fact, that the GTSC presents an inseparable part of the distance contract concluded between the Buyer and the Seller.
3. Upon receipt of the order, an order confirming e-mail shall be sent to the address given by the Buyer.
4. The e-mail address of the Buyer given in the order shall be used to deliver all the information to the Buyer and may be regarded as constituting a durable medium pursuant to Section 2 (7) of the Act nr. 102/2014 Coll. on consumer protection in the sale of goods or the provisions of services on the basis of a distance contract or an off-premises contract and amending certain acts (hereinafter “Act nr. 102/2014 Coll.”).
5. The contract is deemed concluded by accepting the Buyer’s binding offer by the Seller. The contract is concluded upon the Seller’s binding acceptance of the Buyer’s order. The binding acceptance on the side of the Seller is represented by an email with subject “Order nr.XY at taktik.sk” sent to the email address of the Buyer.
6. If the Buyer wishes to place an order with a delivery address in a foreign country, the above-mentioned process of contract conclusion, thereto does not apply. In this case the Buyer is obliged to send their order to the Seller’s email address mentioned in the online shop. The Seller immediately processes the order and if it is possible to send the goods to an address in another country given by the Buyer, the Seller shall send an e-mail containing information about transport including its price and estimated delivery time. The Buyer shall express their agreement or disagreement with the information sent within 4 days. If the Buyer does not respond within 4 days’ time, it shall be deemed as disagreement with the information sent concerning transport and estimated delivery time, and the Seller shall cancel the order. If the Buyer expresses their agreement in the given time, the Seller shall send to their e-mail address a binding acceptance of the order.
7. The binding acceptance includes the contract between the Seller and the Buyer. The content of the binding acceptance shall be sent to the Buyer via e-mail.
8. Binding acceptance contains information about the goods as its name and specification, information about its purchase price, method of payment, place of delivery, information about delivery including its price, estimated time of delivery, information about the Seller (business name, business address, registration number), information about the Buyer, eventually other essential information.
9. Content of the binding acceptance cannot differ from the Buyer’s order, only if otherwise stated by the Seller and the Buyer and except different data envisaged by these GTSC. If the Buyer detects an inaccurate information in the binding acceptance (incorrect contact details - delivery address, phone number, e-mail address, etc.), the Buyer shall inform the Seller about the mistake via e-mail at the latest before the Seller’s notification about dispatch of the goods. Otherwise the provided information shall be deemed accurate.
10. The Seller shall inform the Buyer about the pre-contractual information concerning payment, business, transport and other conditions and claims before the dispatch in a clear, unambiguous, understandable and unequivocal manner:
a. about the main characteristics of goods to the extent adequate to the means of communication used on the respective page of the Seller’s online shop,
b. about the Seller’s business name and address on the respective page of the Seller’s online shop and in Article I of these GTSC, that are also placed on the respective page of the Seller’s online shop,
c. about the Seller’s phone number and other information important to the communication between the Buyer and the Seller, in particular about their e-mail address, on the respective page of the Seller’s online shop, and in Article I of these GTSC, that are also placed on the respective page of the Seller’s online shop,
d. about the address of the Seller, where the Buyer can make a complaint, inform or put a proposal in Article I of these GTSC, that are placed on the respective page of the Seller’s online shop,
e. about the total price of goods including VAT and other taxes, or if due to the nature of the good such calculation is not possible, then about the calculation method; as about the cost of the transport, post or other costs and charges, or if these costs and charges cannot be determined in advance, about the fact, that the Buyer will be obliged to pay them, on the respective page of the Seller’s online shop,
f. about payment methods, conditions of delivery, its estimated time, about information and processes of making and treating of claims or other initiatives of the Buyer, in respective articles of these GTSC, that are placed on the respective page of the Seller’s online shop,
g. about the right of withdrawal from the purchase contract, about the conditions, period and process of exercising such rights, in Article IV of these GTSC, that are placed on the respective page of the Seller’s online shop,
h. about providing a form on withdrawal from the purchase contract in Article I of these GTSC, that are placed on the respective page of the Seller’s online shop; the Seller simultaneously provided the form on withdrawal in the attachment of these GTSC, that are placed on the respective page of the Seller’s online shop,
i. about the fact, that the Buyer shall bear all the costs of returning the goods in case of withdrawal pursuant to the Section 10 (3) of the Act nr. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services on the basis of a distance contract or an off-premises contract and amending certain acts (hereinafter “the Act on consumer protection in distance selling”), and in case of withdrawal, the Buyer shall bear also all the costs related with the return of the good, that due to its nature cannot be returned by post, in Article IV of these GTSC, that are placed on the respective page of the Seller’s online shop,
k. about circumstances, that cause the Buyer to lose their right of withdrawal, in Article IV of these GTSC, that are placed on the respective page of the Seller’s online shop,
l. about information about liability of the Seller for defective goods or services pursuant to the regulation of the Civil Code Section 622 and 623, in Article VIII of these GTSC, that are placed on the respective page of the Seller’s online shop,
m. about functions including technical conservation measures used to secure electronic content, if applicable, on the appropriate page of the online shop and in the appropriate article of these GTSC, that are placed on the respective page of the Seller’s online shop,
n. about the compatibility of the electronic content with the hardware and software, that the Seller has or is supposed to have knowledge of, if applicable, on the appropriate page of the online shop and in the appropriate article of these GTSC, that are placed on the respective page of the Seller’s online shop,
o. about the methods of amicable dispute resolution through alternative dispute resolution scheme, if the Seller undertook to practise this scheme, on the appropriate page of the online shop and in the appropriate article of these GTSC, that are placed on the respective page of the Seller’s online shop,
p. about the acts necessary to conclude the contract by describing these acts in these GTSC, that are placed on the respective page of the Seller’s online shop,
q. about the fact, that the contract shall be stored by the Seller in its electronic version and shall be available to the Buyer on their request, on the appropriate page of the online shop and in the appropriate article of these GTSC, that are placed on the respective page of the Seller’s online shop,
r. about the fact, that the contract shall be concluded in Slovak language, on the appropriate page of the online shop and in the appropriate article of these GTSC, that are placed on the respective page of the Seller’s online shop,
11. If the Seller does not fulfil their obligation to inform about additional fees and other costs, pursuant to Article III, paragraph 10, subparagraph e) of these GTSC or about costs related to the return of goods pursuant to paragraph 9, subparagraph i) of these GTSC, the Buyer is not obliged to pay these additional fees and costs.
IV. Right of Withdrawal
1. Should the Buyer be a consumer, the withdrawal and all the things related to it shall be governed by the provisions of the Act nr. 102/2014 Coll, Section 7 - 10.
2. If the Seller provided the Buyer information about withdrawal in a timely and proper manner, the consumer shall be entitled to withdraw from a distance or off-premises contract, even without giving any reason, within 14 days from delivery of the goods.
3. The goods shall be deemed to be reeceived by the consumer by the moment of taking over all the parts of the ordered goods by the consumer or a third party designed by the consumer, or if:
a. the goods ordered by the consumer in a single order are supplied separately, by the moment of delivery of the last part,
b. the ordered goods consist of several parts or pieces, by the moment of delivery of the last part or piece,
c. the goods are supplied repeatedly during a specified period of time, by the moment of delivery of the first goods.
4. The consumer may withdraw from a contract concerning the supply of goods even prior to the commencement of the withdrawal period.
5. Pursuant to the provisions of Section 7, Article 6 of the Act nr. 102/2014 Coll. on consumer protection in distance selling, the consumer may not withdraw from a contract concerning:
a. the sale of goods made in accordance with the consumer’s requirements, goods made to measure, or goods intended specifically for one consumer;
b. the supply of goods which are liable to deteriorate or expire rapidly;
c. the sale of goods sealed in protective packaging which are not suitable for return due to health protection or hygiene reasons, and the protective packaging of which each has broken after supply;
d. the sale of goods which may, after supply, according to their nature, be inseparably mixed with other goods;
e. the sale of audio, video or audiovisual recordings, computer software sold in protective packaging, if the consumer has opened this packaging;
f. the sale of a periodical, with the exception of sales under a subscription agreement, and the sale of books not supplied in protective packaging;
g. the provision of electronic content other than on a tangible mediom, where such provision has commenced with the consumer’s express consent and the consumer has declared that he has been duly advised of the fact that, by expressing such consent, he loses the right of withdrawal.
6. The consumer may exercise his right of withdrawal pursuant to Section 8 of the Act nr. 102/2014 Coll. The burden of proof of the exercise of the right of withdrawal shall rest with the consumer.
7. The consumer may exercise his right of withdrawal pursuant to Section 7 (1) by serving notice of this on the seller in writing (by registered post to the Seller’s correspondence address) or recorded on a durable medium (via e-mail sent to the address set up for treating orders). The consumer can fill in the form for withdrawal, that is part of these GTSC, placed also on the site of the online shop.
8. Withdrawal shall contain all the information required by the form for withdrawal in the attachment of these GTSC, especially identification of the Buyer, the date and number of the order, exact specification of the goods, method of refunding the payment, bank account and/or postal address of the Buyer.
9. Upon withdrawal from a contract concerning a sale of goods, the Seller shall not be required to refund to the consumer the payments before the goods are delivered to the Seller or until the consumer proves that the goods have been sent back to the Seller.
10. The consumer shall no later than 14 days from the date of service of notice of withdrawal send back the goods or hand them over to the Seller or to another person designated by the Seller. The period for withdrawal shall be deemed respected, if the notice of withdrawal has been sent to the Seller no later than on the last day of such period pursuant to Section 7 (1) of the Act on consumer protection in distance selling. Upon withdrawal, the costs on return shall be borne by the consumer.
11. Since the contract shall be cancelled ex tunc, the Seller and the consumer shall mutually return to each other all the received payments.
12. The consumer shall present with the returned goods also a document proving their purchase. Upon withdrawal, the consumer shall return goods to the Seller unused, undamaged, complete, in the original state (including the package leaflet, etc.) and in the original packaging (if it is possible, or packaged in a usual way necessary to maintain the quality and quantity of goods).
13. The Seller recommends to insure the goods to return. The Seller does not accept mail orders.
14. If the consumer withdraws from the contract and returns goods of diminished value, that has been used, damaged or is not complete, the Buyer shall pay to the Seller:
a. the value, by which the original value of the goods has been reduced pursuant to provisions of Section 457 of Civil Code,
b. costs incurred to the Seller, related to the repair of the goods and restoration to the original condition, calculated according to the price list of the after-warranty service.
The Buyer, within the meaning of this point of GTSC, shall reimburse the costs to the Seller not exceeding the amount of difference between the purchase price of the goods and the value of the goods at the time of withdrawal.
15. The Seller, no later than 14 days from the date of service of notice of withdrawal, shall refund to the consumer all payments received therefrom under or in connection with the contract, including shipping costs, supply costs, postal charges and any other costs and charges pursuant to the appropriate legal regulations.
16. The Seller shall refund to the consumer the payments in the same manner used by the consumer upon payment. This shall be without prejudice to the consumer’s right to agree with the Seller on another payment method provided that, in connection therewith, the consumer is not subject to any further charges.
17. If a consumer withdraws from the contract, any ancillary contract associated with the contract from which the consumer has withdrawn shall also be cancelled. No costs or other payments connected with the cancellation of an ancillary contract, other than the costs and payments referred to in Section 9 (3) and Section 10 (3) and (5) of the Act on consumer protection and the price for the service, where the object of the contract is provision of a service and the service has been fully provided, may be demanded from the consumer.
18. In case of the Seller not rendering the goods on time specified in Article VI. (1) of these GTSC, the Consumer is entitled to withdraw from the purchase contract and the Seller shall reimburse the already paid part of the purchase price to the bank account specified by the Buyer within 14 days from the delivery of the withdrawal.
19. The Seller is entitled to withdraw from the contract for the reasons of lack of supplies, unavailability of goods, or if the producer, importer or supplier of goods agreed on in a contract suspended the production or made such serious changes, that made the fulfillment of the Seller’s obligations arising from the contract impossible, or for the reasons of force majeur, or if by making their best effort, the Seller is not able to render the goods to the Buyer in terms stated by these GTSC or for a price given in the online shop.
20. The Seller shall inform the Buyer about this fact immediately and simultaneously, the Seller shall offer a replacement or the possibility to withdraw from the contract (cancel the order). If the Buyer withdraws from the contract for reasons mentioned in this point of GTSC, the Seller shall reimburse to the Buyer the deposit already paid for the goods agreed upon in the contract within 14 days from the day of the delivery of the withdrawal by transfer to the bank account specified by the Buyer.
21. The Seller is entitled to withdraw from the contract if:
a. the Buyer does not reimburse the total amount in a timely and proper manner
b. the Buyer does not take over the goods delivered or ready to pick up in a timely and proper manner.
22. The Seller exercises their right to withdraw by a notice of withdrawal:
a. delivered by post to the address of the Buyer or
b. via e-mail to the e-mail address of the Buyer.
23. The obligations of the Seller and the consumer upon withdrawal are regulated by provisions of Section 9 and 10 of the Act nr. 102/2014 Coll.
24. Subparagraphs 1 - 18 of this Article of these GTSC does not apply to the entities, that do not comply with the definition of a consumer as stated in the regulations of Section 2, subparaghraph a) of the Act nr. 250/2007 Coll. on the consumer protection, as amended, i.e. they are not applicable, if the Buyer is a legal entity. The Buyer, who is not a consumer, is not entitled to withdraw from the contract pursuant to this Article of the GTSC. The Buyer - entrepreneur is entitled to withdraw from the contract only pursuant to the provisions of the Commercial Code of Slovak republic.
V. Payment terms
1. The Buyer shall pay the purchase price or the delivery price (hereinafter “total price”) by one of the following means:
- cash on delivery, i.e. in cash or by card upon the receipt of goods, if there is an existing transport contract, under the conditions provided by generally binding legislation,
- in cash, by card or by wire transfer (in advance), if Packeta is chosen,
- by card or by wire transfer (in advance), if personal collection of goods is chosen, under the conditions provided by generally binding legislation,
- by postal order, wire transfer or bank deposit to the account of the Seller (does not apply to consumers),
2. The Buyer shall reimburse the total amount by a method specified in paragraph 1, subparagraph c) of this Article before the delivery of ordered goods.
3. If the Buyer reimburses the total amount pursuant to paragraph 1, subparagraph d) of this Article, the day, when the amount is creditet to the account of the Seller shall be considered the date of payment.
4. If the Buyer places an order with a delivery address in a foreign country, the Buyer shall reimburse the total amount exclusively by wire transfer or bank deposit to the account of the Seller on the basis of payment information provided by the Seller.
VI. Delivery terms
1. If the contract does not state otherwise, the Seller shall deliver the goods to the Buyer immediately, no later than 30 days after concluding the contract.
2. The Buyer can choose from the following methods of delivery:
- delivery by courier,
- delivery to pick-up points of Packeta (for consumers),
3. If pick-up point is chosen, the goods shall be stored there for the Buyer for 7 days from the day of announcement to the Buyer, that their order is ready to be picked up.
4. Free delivery is for orders above XY €.
5. If the Buyer places an order with a delivery address in a foreign country, the goods can be delivered exclusively pursuant to paragraph 2, subparagraph a) of this Article, i.e. by courier. The provisions of the paragraphs 4-6 shall not be applicable. The packaging and delivery costs shall be calculated individually, based on the order sent to the Seller.
6. The Seller shall immediately after the dispatch of the goods send the invoice to the Buyer in electric form via e-mail.
7. The Seller shall announce the delivery to the Buyer no later than one day before.
8. The Seller can ask the Buyer to pick up their order even before the expiry of time for delivery stated in the contract.
9. The Buyer shall pick up the goods at the address agreed upon in the contract.
10. The Buyer shall pick up the goods at the time agreed upon in the contract.
11. The Seller fulfils their obligation to hand over the goods by giving the Buyer the right to dispose of the goods at the place of performance.
12. If the Seller fulfilled their obligation to supply the goods pursuant to this Article of GTSC, the Buyer shall take over these goods and confirm the takeover by their signature on the proof of delivery.
13. The Buyer shall take over all the ordered goods stored for them at the pick-up point. If the Buyer does not pick up the goods, the Seller is entitled to withdraw from the contract and sell the goods to a third party.
14. If the Buyer cannot fulfil these obligations personally, they should:
- inform the Seller,
- agree with the Seller on another date of delivery, or design another person to pick up the delivery in the name of the Buyer.
15. If the Buyer refuses to take over the properly delivered goods from the courier without specified reason, or the Buyer does not pick up the goods stored at the pick-up point without prior written withdrawal from the contract within 7 days after the expiry of the deadline, the Seller is entitled to compensation for damage incurred (e.g. compensation of actual costs incurred in relation to the delivery of goods).
16. The Buyer is entitlet to check the delivery, i.e. the goods and the package upon its takeover from the courier and confirm it by their signature on the proof of delivery.
17. If the Buyer spots a mechanical damage on the goods or on the package, they shall notice the carrier about that fact and check the condition of the goods in the carrier’s presence.
18. The Buyer is entitled to refuse/not to take over the goods, if:
a) the package is seriously damaged and an inner damage may be assumed,
b) the order is incomplete,
c) the goods, although packaged, but clearly not corresponding with the subject of contract under the condition, that they specify the reason of refusal in the minutes of acceptance.
19. If there are any defects of the goods, or the order is incomplete, the carrier shall give the Buyer the opportunity to fill in a record on the extent and nature of the damage (damage report), confirmed by the carrier.
20. On the basis of such a report delivered to the Seller, the Buyer is entitled to refuse to take over the damaged goods or to confirm the delivery of damaged goods and pursuant to Article VIII. of these GTSC make a complaint.
21. If the Buyer refuses to take over the damaged goods, all the properly incurred costs on the return of such goods shall be borne by the Seller.
22. The Seller is not responsible for the late delivery caused by giving an incorrect address of the Buyer.
VII. Reservation of title
1. The title of ownership is being transferred to the Buyer by taking over the goods at the place of performance previously agreed on. If the Buyer does not comply with the definition of a consumer under provisions of Section 2 subparagraph a) of the Act nr. 250/2007 Coll. on consumer protection amending the Acts of the Slovak National Council nr. 372/1990 Coll. on misdemeanours with later amendments (hereinafter “the Act”), the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.
2. The risk of damage is transferred to the Buyer at the moment of taking over the goods by themselves or by an authorised third party from the Seller or from their delegate to deliver the goods (carrier), or when the Seller entitles the Buyer to dispose of the goods, that the Buyer refuses to take them over.
VIII. Claims and Liabilities
1. This Article shall apply to the goods bought by the Buyer from the Seller’s online shop.
2. Claims shall be treated pursuant to Article VIII of these GTSC.
3. The Seller informed the Buyer of their rights resulting from the provisions of Section 622 of the Civil Code and of the rights resulting from the provisions of Section 623 of the Civil Code in the manner, that the Seller placed these GTSC on the respective page of the Seller’s online shop and the Buyer had the chance to read them before sending the order. Moreover, they had a proper notice about the conditions and methods of treating claims including information about the place of making claims and corrections pursuant to the provisions of Section 18, paragraph 1 of the respective Act.
4. If the Buyer is a consumer, they shall get a warranty period of 24 months, during which the goods shall be fit for use for their usual purpose and they shall keep their usual features. The warranty period shall begin to run from the day of delivery. The invoice or receipt serves also as a guarantee statement.
5. The warranty period shall be extended by the time, when the Buyer could not use the goods because of a warranty repair.
6. The Seller is liable for the defect of goods under the applicable legislation of Slovak republic and the Buyer shall make a claim with the Seller or other responsible person. Information about designated persons and servicing points for repairs under and after warrany are provided on the back of the guarantee statement or the Seller provides them on the Buyer’s request via phone or e-mail.
7. The consumer is entitled to make a claim with the Seller during the warranty period because of defectuous goods bought from the Seller. For these defects the producer, supplier or the Seller are to be held responsible.
8. The Seller shall not be held liable for defects caused after the transfer of title of ownership to the Buyer or were caused by external events without any fault on the Seller’s part, particularly:
a. by losing the receipt or invoice, that would made possible to identify the eligibility for claims,
b. by not giving notice about evident defects of the goods/package upon their takeover,
c. by expiry of the warranty period,
d. by mechanical damage of the goods,
e. by causing damage to the goods by transporting by the Buyer’s own means of transport,
f. by usage of the goods in conditions, that do not correspond to the natural environment with humiditiy, chemical and mechanical effects,
g. by improper handling, or neglecting maintenance,
h. by causing damage by overburdening, or by using the goods in different ways than stated in the documents, general principles, technical standards and safety rules applicable in the Slovak republic,
i. by causing damage by unforseeable or unavoidable events.
9. The rights of claims shall extinguish, if not exercised in the warranty period.
10. If the package is incomplete or there is an evident damage, which the Buyer could find by checking the package upon its delivery and they did not notice the carrier immediately pursuant to the Article VIII, subparagraphs 17-22 of these GTSC, eventually within 30 from the delivery, claims made later that this period of time shall be approved only if the Buyer can prove, that such defects were already present upon the delivery.
11. If the ordered goods are defective, the Buyer has the right to make a claim pursuant to the provisions of Section 18, paragraph 2 of the Act in a way, that they send the goods to the Seller’s correspondence address together with their declaration of intent to exercise their right (hereinafter “Confirmation of complaint”) e.g. as a filled in form to make a claim, that is placed on the respective page of the Seller’s online shop, and also is attached to these GTSC in a written form (by registered post to the Seller’s correspondence addres) or electronically (to the e-mail address set up for treating claims).
12. Only claims sent to the Seller’s correspondence address can be treated.
13. The Buyer shall fill in all the necessary information to the Confirmation of complaint truthfully in accordance with the Claim form, which is part of these GTSC; especially mark the exact type and extent defect of the goods. In order to accelerate the process of treating the claim, it is recommended to the Buyer to file a photographic documentation of the defect together with the claim, if it is necessary given the defect.
14. If the goods are needed to be sent back to the Seller, the Buyer shall pack it into a suitable packaging, that would protect the product and meets the requirements for transport. In case of returning fragile goods, it is recommended to mark it with the adequate signs. It is recommended to insure the package. The Seller does not take over mail orders.
15. The treatment of a claim, that can be returned to the Seller, starts to run on the day of meeting all the following requirements:
a) doručenie Oznámenia o uplatnení reklamácie predávajúcemu,
b) delivery of the defective goods to the Seller,
c) delivery of the access codes, passwords, etc. belonging to the defective goods, if these information are necessary to the proper treatment of the claim;
16. The Buyer is entitled to choose, which one of his rights under the provisions of Section 622 and Section 623 of the Civil Code they want to exercise, and the Buyer shall notice the Seller about this decision by mentioning it in the Notice of Claim.
17. On the basis of the exercisable right chosen by the Buyer pursuant to the regulations of the Section 622 and Section 623 of the Civil Code, the Seller shall determine the method of treating the claim pursuant to the provisions of Section 2, subparagraph m) of the Act:
b) in case of more serious defects within 3 days from making the claim,
c) in justified cases, especially if a complex technical assessment of the product’s condition is required, no later than 30 days from making the claim
18. After determining the method of treating the claim, the Seller or a designed person shall treat the claim:
b) in justified cases it is possible to treat the claim later,
c) but no later than 30 days after making the claim
After the expiry of the time for treating the claim, the consumer is entitled to withdraw from the contract or they are entitled to obtain a new product.
19. The Seller shall issue a certificate about making a claim to the Buyer, in which the Seller shall describe the precise defects of the goods.
20. If the claim is made through means of distance communication, the Seller shall send a confirmation of the complaint to the consumer immediately; if it cannot be done immediately, it has to be sent without undue delay, no later than with the document on how the claim has been handled; the confirmation of the complaint does not need to be delivered, if the consumer has other options how to prove the confirmed complaint.
21. If the Buyer made a claim within the first 12 months from concluding the contract, the Seller can refuse the claim only on the basis of the assessment of an expert or an opinion issued by an authorised, notified or accredited person or an opinion issued by another designed person (hereinafter “assessment of goods by an expert”). Regardless of the result of the assessment, the Seller cannot request from the Buyer to pay for the costs of the assessment nor any other costs related to the assessment of goods by an expert.
22. If the Buyer made a claim after 12 months from concluding the contract and the Seller refused it, the person treating the claim shall state in the document on how the claim has been handled, who shall the Buyer send the goods to for professionnal assessment.
23. If the Buyer sends goods for professionnal assessment to the person stated in the document on how the claim has been handled, the costs of this assessment together with all the other related properly incurred costs shall be borne by the Seller, regardless of the result of the assessment.
24. If the Buyer proves by a professional judgement, that the Seller is liable for the defect of the product, the Buyer can make a claim again; the warranty period during the professionnal assessment is stopped. The Seller shall reimburse to the Buyer all the costs incurred for the professional assessment of the product and equally all the other related properly incurred costs within 14 days from filing the claim once again. The refiled claim cannot be rejected.
25. Only the defect specified by the Buyer in the claim is going to be treated.
26. As to the regularisable defect, if the Buyer does not determine the method of treating the claim pursuant to the Article VIII, subparagraph 16, the Seller treats the claim by repairing the defect.
27. If the defect can be repaired, the Buyer is entitled to have it regularised for free, in time and properly. The Seller shall repair the defect without undue delay.
28. The Seller always has the option to replace the defective product with a new one, if it does not cause serious difficulties to the Buyer.
29. The Buyer can require the replacement of the product instead of the repair, or if the defect affects just a part of the product, then the replacement of such part, if it does not cause unreasonable costs to the Seller with respect to the price of the product or the gravity of the defect.
30. If the defect cannot be repaired, and prevent the product from its proper usage, the Buyer is entitled to have the product replaced, or they are entitled to withdraw from the contract. The same shall apply, if the defect can be repaired, but the Buyer cannot use the product properly because of the reappearance of one or more defects on the repaired product.
31. The Seller can treat the claim:
a) by replacing the product by another product of the same or even better features,
b) if the Seller cannot solve the problem by replacing the product by a new one, they can treat the claim by issuing a credit note on the defective product.
32. For the purpose of making a claim, a repairable defect repeated several times is considered to be the appearance of one and the same repairable defect more than twice.
33. For the purpose of making a claim, a significant number of different defects is considered to be the appearance of more than three different defects simultaneously.
34. If there are other defects that cannot be repaired, the Buyer is entitled to an appropriate discount from the purchase price.
35. In case of replacement of goods, the Buyer shall obtain a new document with information about the replacement, and in case of further complaints, the claims shall be made on the basis of the contract and the aforementioned document. In case of replacement of goods, the warranty period starts to run from the day of taking over the new product, but it is applicable only to the new product.
36. The Seller shall treat the claim and end the process by one of the following methods:
a) handing over the repaired product,
b) replacing the product,
c) refunding the purchase price,
d) reimbursing the appropriate discount,
e) formal notice to take over the performance of the contract,
f) reasoned refusal of the claim.
37. The Seller shall issue a written document about the method of claim treatment no later than 30 days from the day of making the claim personally, sent by post or carrier or delivery service. The Seller shall inform the Buyer about the result of claim treatment immediately after ending the process of treating the claim through the phone or via e-mail, and simultaneously with the product, the Buyer shall receive a document on how the complaint has been handled via e-email.
38. The Seller shall present a copy of the confirmation of the complaint on the supervisory authority’s request; reasons, why the Seller cannot decide about the methods of treating the claim immediately and why the claim cannot be treated immediately after determining the method of treatment, proof of sending or the results of professional assessment and a copy of document on how the claim has been handled.
39. Claims cannot be submitted on the gifts received with the order.
40. Claims for not delivering goods or for defects caused by the fault of the carrier shall be made directly with the staff of the delivery service. The Buyer shall not take over the defective product from the carrier and shall fill in a document about taking over the goods pursuant to the Article VI., subparagraphs 17-22 of these GTSC.
41 Claims for mechanical damage of the products caused by delivery shall not be accepted and the claim shall not be performed if the Buyer confirmed the takeover without any defects upon delivery.
42. If the consumer is not satisfied with the method of treating the claim or if they assume, that the Seller violated the consumer’s rights, they can address the Seller with a request for rectification. If the Seller rejects the request for rectification or does not respond to it within 30 days from the day, when it was sent, the consumer is entitled to start an alternative dispute resolution pursuant to the regulations of the Section 12 of the Act nr. 391/2015 Coll. on alternative dispute resolution for consumer disputes amending and supplementing certain laws.
43. The relevant entity for the alternative dispute resolution for consumer disputes with the Seller is The Slovak Trade Inspection or other entitled legal entity registered in the list of entities for alternative dispute resolution maintained by the Ministry of Economy of the Slovak republic (the list is available at http://www.mhsr.sk); the consumer has the right of choice, which of the listed subject for alternative dispute resolution to contact.
44. Buyers - consumers are entitled to use the online platform of dispute resolution (hereinafter “RSO”) to solve their disputes in the language of their choice. Buyer - consumer can use the platform RSO to solve their disputes, which is available at http://ec.europa.eu/consumers/odr/. Buyer - consumer, while submitting to the RSO platform, shall fill in an electronic form of complaint. The information provided shall be sufficient to identify the appropriate subject for online alternative dispute resolution. Buyer - consumer can attach documents supporting their complaint.
45. The regulations mentioned in Article VIII of these GTSC does not apply to the entities, that do not comply with the definition of a consumer as stated in the regulations of Section 2, subparaghraph a) of the Act nr. 250/2007 Coll. on the consumer protection, as amended, i.e. they are not applicable, if the Buyer is a legal entity. If the Buyer is a legal entity, they are entitled to claim for defect of goods, however, as to the claims of the Buyer for defect of goods, the appropriate regulations of the Commercial Code of the Slovak republic on the purchase contract shall apply.
IX. Personal Data Protection
1. The Contracting parties agreed, that in case of the consumer being a natural person is obligated to declare their name and surname, address and postal code, phone number and e-mail address on the order to the Seller in order to process and fulfil the contract.
2. The Contracting parties agreed, that in case of the consumer being a legal person, is obligated to share their business name, address of the registered office including postal code, registration number, VAT number (if exists) phone number and e-mail address on the order with the Seller in order to process and fulfil the contract.
3. The Buyer will be asked before sending the order by checking the box to confirm, that the Seller sufficiently, understandably and unequivocally provided:
a. their identifying information provided in the I. section of these GTSC, therefore proving the Seller’s identity,
b. Seller’s or other responsible person’s contact details,
c. the purpose of processing personal data, i.e. concluding a contract between the Seller and the Buyer, and the legal basis for processing personal information,
d. the Buyer’s obligation to provide the required information for the purpose of concluding and fulfilling the contract,
e. if the processing is based on article 6 section 1. point f) of the Regulation, that the legitimate interest, the Seller is watching, is direct marketing,
f. the identifying information of a third party, i.e. a company, that will deliver the ordered goods to the Buyer, or the identifying information of other recipients or groups of recipients of personal data, if exist,
g. period for which the personal data will be stored, or criteria for its determination.
4. The Seller processes the personal information of the Buyer, or their employees, or other people authorised by them to act on the contract, as processing these information is necessary to fulfil the contract concluded between the Seller and the Buyer, before its concluding to answer questions of the Buyer related to the subject of purchase and to fulfil the obligations under general binding rules, or the processing of these information is in the interest of the Seller. Without providing the necessary information, the contract could not be fulfilled properly.
5. The Seller hereby informs the Buyer, that in accordance with the Art. 6, Section 1, point b) of the Regulation (EU) 2016/679 of the European Parliament and of the European 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, and repealing Directive 95/46/EC (General Data Protection Regulation), (hereinafter “Regulation”), that the Seller as the operator of IT systems, while concluding the contract, shall process the Buyer’s personal information without their consent as a person concerned, as the processing of personal information is part of the pre-contractual relationship and such processing is inevitable to fulfil the contract, in which the Buyer is one of the contracting parties.
6. The Seller shall store personal data for the period of time necessary to fulfil the contract as to the expiration of dates for legal claims.
7. The Buyer is responsible for the completeness, validity and accuracy of the provided personal information. In case of any change in provided personal information, the Buyer shall forthwith inform the Seller thereof.
8. In case of invalidity of provided personal information, withdrawal of consent for the processing of personal data, fulfilling of the purpose or on the expiry of the time necessary for professing of personal information, or if the storage of such information is for any reason illegal, the stored personal information shall be deleted.
9. Provided, that the requirements set by the 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), and in the Act 18/2018 on protection of personal data, the Buyer as person concerned (i) has the right of access to their personal information, (ii) has the right of correction of inaccurate data, (iii) has the right of restriction of processing personal information, (iv) the right of objection of processing personal information, (v) has the right of deletion of personal information, (vi) has the right to data portability, (vii) has the right to lodge a complaint to the Data Protection Authority of the Slovak Republic if data processing in contrary to the existing legislation is suspected. The rights of the persons concerned are further specified in the Articles 12 - 22 of the GDPR.
10. The Buyer, who has registered in the online shop, can verify and change their personal information at any time after logging in to the site of the online shop at the section My account.
11. In accordance with the Art. 6, section 1. point f) of the Regulation, after the delivery of goods or services to the Buyer, on the basis of legal interest, the Seller can process the Buyer’s personal information for the purposes of direct marketing and can send to the Buyer’s e-mail address information about new products, discounts and sales of the goods or services offered.
12. The person concerned, whose personal information are being processed on the basis of the Seller’s legal interest, has the right to object such processing at any time and the Seller has no right to further to do so, unless there are other necessary legal reasons for such processing, that are prevailing over the interest’s rights and liberties of the person concerned, or reasons for proving, applying or defending legal claims.
13. The consent for the processing of personal information can be withdrawn at any time by clicking the link given in each marketing e-mail from the Seller, by sending an e-mail to the Seller, or by sending a letter to the address of the Seller.
14. The received personal information can be under the condition of fulfilling a concluded contract provided to other subject to a necessary extent, if it is essential to fulfil the purpose of receiving such information, especially to the transporter, public authority or provider of IT services.
15. The Seller therefore notifies the Buyer, that in order to fulfil a concluded contract, the received personal information shall be further granted and provided to the following third parties, or groups of parties:
Direct Parces Distribution SK s.r.o., seated at Technická 7, 821 04 Bratislava, registration nr.: 35834498, registered in the Business Register of District Court BA1, section: SRO, Insert nr. 26367/B
CAREE s.r.o., seated at Karpatská 1328/3, 040 01 Košice, registration nr.: 50321846, registered in the Business Register of District Court Košice I, section: Sro, Insert nr. 39130/V
X. Special Provisions
1. The Seller is a partner to the dognet.sk affiliate network. The promotional offers to purchase in the online shop of the Seller published on the websites of other partners of the dognet.sk affiliate network (vasekupony.sk, kupilo.sk, refundo.sk, kuponovnik.sk, dobromat.sk, skolainak.sk, bonipo.sk, kuponyzdarma.sk top100.sk.com, givenio.com, kodino.com a ďalšie) are intended exclusively to Consumers, i.e. they are not intended for use to schools, wholesalers or other non-consuemrs.
2. The discount codes published within marketing communications of the Seller on the social sites of the Seller (Facebook, Instagram, Mailchimp) or on the social sites of their parners (Facebook, Instagram), shall be used exclusively in the orders of Consumers (not to be used by schools, wholesalers or other non-consumers).
XI. Final Provisions
1. Seller reserves the right to change these GTSC. The obligation to make notification about the change of GTSC shall be deemed to be fulfilled by its publishing on the site of the e-shop of the Seller.
2. The Buyer shall not assign the receivables from this contract to third parties without consent of the Seller.
3. All the contractual obligations between the contracting parties shall be regulated by the legislation of Slovak Republic.
4. If the Buyer is a Consumer, to the relations not covered by legal provisions the following are applicable: provisions of the Civil Code, Act nr. 22/2004 Coll. on electronic commerce amending the Act nr. 128/2002 Coll. on state control of the internal market in consumer protection amending some acts in the Act nr. 284/2002 Coll., Act nr. 250/2007 Coll. on consumer protection amended by the Act of Slovak National Council nr. 372/1990 Coll. on misdemeanours with later amendments and Act nr. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services on the basis of a distance contract or an off-premises contract and amending certain acts, and other general binding legal rules of the Slovak Republic.
5. The nullity or unenforceability of any of GTSC’s provisions shall not affect the validity or enforceability of any other provision of GTSC, if such provision is separable from the other provisions.
6. The new GTSC are valid and in effect from 03.01.2022 and repeals and replaces the one.