Terms and conditions

General terms and conditions of iFix s.r.o. for consumers (B2C)

I. Introductory provisions

These general terms and conditions govern the rights and obligations of the contractual parties arising from the purchase agreement concluded between the seller, iFix, s.r.o., headquartered at Námestie hraničiarov 6/A, 851 03 Bratislava - Petržalka, Company ID: 47019948, registered in the Commercial Register of the Bratislava III District Court, Section: Sro, File No. 87860/B (hereinafter referred to as the "seller"), and the buyer, who qualifies as a consumer under the applicable legal regulations. The subject of the agreement is the purchase and sale of goods offered by the seller.

Seller's identification and contact information:
iFix s.r.o., 

• Tax ID: 2023719379
• VAT ID: SK2023719379
• Phone:+43 720 880806 (AT number)
• Email: info@fixshop.eu

SOI Inspectorate for the Bratislava region

Odbor výkonu dohľadu
Bajkalská 21/A
P. O. BOX 29
827 99 Bratislava

Contact information:
E-mail: ba@soi.sk
Phone: 02/58 27 21 72, 02/58 27 21 04
Fax number. 02/58 27 21 70
www.soi.sk
SOI - Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

These General Terms and Conditions (hereinafter referred to as "GTC") form an integral part of the purchase agreement. If the seller and the buyer conclude a purchase agreement with terms differing from these GTC, the provisions of the purchase agreement shall take precedence over these GTC. Such agreed terms must not conflict with the provisions of generally binding legal regulations that are mandatory for the contractual parties.

II. Method of concluding the purchase agreement and related information obligations

2.1. The buyer submits a proposal to conclude a purchase agreement to the seller by completing and submitting a form on the seller's website. This form serves as an offer to conclude a purchase agreement for the paid transfer of ownership of goods specified by the buyer at the purchase price and under the terms specified in this order (hereinafter referred to as the "order").

2.2. After submitting the order, the buyer will receive an automatically generated notification of the order's receipt into the seller's electronic system at the email address provided (hereinafter referred to as the "order confirmation"). If necessary, any additional information regarding the order may be sent to the buyer's email address.

2.3. The order confirmation contains information that the seller has received the order; however, it does not constitute acceptance of the proposal to conclude the purchase agreement.

2.4. The seller will subsequently send the buyer an email indicating whether the buyer's order has been accepted (hereinafter referred to as the "order acceptance"). The order acceptance includes information about the name and specification of the goods being sold under the purchase agreement, details about the price of the goods and/or other services, information about the estimated delivery time, the name and details of the location where the goods are to be delivered, as well as details about the price, terms, method, and deadline for the transportation of the goods to the agreed delivery location for the buyer. Additionally, it includes the seller's information (business name, registered office, company ID, commercial register entry number, etc.) and any other necessary details.

2.5. The purchase agreement is concluded upon the delivery of the order acceptance to the buyer in electronic or written form.

2.6. Before the submission of the order and/or the conclusion of the purchase agreement, the seller has provided the buyer with clear, unambiguous, understandable, and unmistakable information regarding payment, commercial, transportation, and other terms, including but not limited to:

2.6.1. about the main characteristics of the goods, to an extent appropriate to the type and nature of the goods and the method of providing the information, including on the relevant catalog page of the seller's e-commerce website,

2.6.2.about the business name and registered office of the seller, including on the relevant subpage of the seller's e-commerce website and in Article I of these GTC, which are also available on the relevant subpage of the seller's e-commerce website,

2.6.3. about the seller's telephone number and other details important for the buyer's contact with the seller, especially the seller's email address, including on the relevant subpage of the seller's e-commerce website and in Article I of these GTC, which are also available on the relevant subpage of the seller's e-commerce website,

2.6.4. about the selling price of the goods, the method of its calculation if the selling price cannot be determined in advance due to the nature of the goods, the costs of transportation, delivery, postage, and other charges and fees, and the fact that additional costs and fees may be included in the total price if these cannot be determined in advance, including on the relevant catalog page of the seller's e-commerce website,

2.6.5. about the terms of performance, payment conditions, delivery conditions, and the deadline by which the seller commits to deliver or provide the goods, including on the relevant catalog page of the seller's e-commerce website,

2.6.6. about the existence and duration of the statutory liability for defects in the goods, the availability of a consumer warranty if provided, the procedure for exercising rights arising from liability for defects, and the terms of after-sales service if provided by the seller or manufacturer, including on the relevant catalog page of the seller's e-commerce website,

2.6.7. about the duration of the agreement if it is concluded for a fixed term, or the termination conditions if it is concluded for an indefinite term or if its validity is automatically renewed; about the minimum duration of the buyer's obligations arising from the purchase agreement, if such an obligation exists for the buyer under the purchase agreement,

2.6.8. about the functionality of goods with digital elements, digital content, and digital services, including available technical protective measures, as well as information on the compatibility and interoperability of goods with digital elements, digital content, and digital services, which are known to the seller or can reasonably be expected to be known to the seller,

2.6.9. about the buyer's right to submit a request for remedy to the seller under a specific regulation, including a reference to the website where information about the relevant entity for alternative dispute resolution is published,

2.6.10. about any other means of online communication that allows the buyer to store the content of written communication with the seller on a durable medium, including the date and time of the communication, if the seller uses such a means for communication with the buyer,

2.6.11. about the fact that the seller's address, where the buyer can exercise rights related to product liability, contract withdrawal, requests for remedy, or submit other suggestions, is identical to the address mentioned in point 2.6.2 of this article,

2.6.12. about the fact that the purchase price for a specific buyer or group of buyers will be determined based on automated decision-making, including profiling, if such a situation occurs,

2.6.13. about the cost of using remote communication means for concluding the contract if the cost is calculated at an increased rate, and if such a situation occurs,

2.6.14. about the buyer's right to withdraw from the contract in accordance with the applicable legal regulations, including the conditions, timeframe, and procedure for exercising the right to withdraw from the contract. This includes information about the buyer's obligation to bear the costs of returning the goods after contract withdrawal under statutory conditions, and in the case of a distance contract, also the costs of returning goods that, due to their nature, cannot be returned by post. The instruction also includes providing the buyer with a sample form for withdrawal from the contract in accordance with the applicable legal regulations, which constitutes Annex No. 1 to these GTC.

2.6.15. about the minimum duration of the buyer's obligations if such obligations arise for the buyer from the contract,

 2.6.16. about the buyer's obligation to pay an advance or provide another financial security upon the seller's request, including the terms of such provision, if such an obligation arises for the buyer from the contract,

2.6.17. about the existence of relevant codes of conduct that the seller has committed to comply with, and how the buyer can familiarize themselves with or obtain the text of these codes,

2.6.18. about the fact that the purchase agreement will be stored electronically by the seller and is available to the buyer upon a written request,

2.6.19. about the fact that the language offered for concluding the contract is Slovak.

III. Rights and obligations of the seller

3.1. The seller is obligated to:

a) deliver the subject of the purchase agreement (goods) to the buyer in accordance with the agreement and applicable legal regulations,

b) provide the buyer with all necessary documents in written or electronic form required for receiving and using the goods, as well as other documents mandated by the applicable legal regulations of the Slovak Republic,

c) ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic,

d) romptly after the conclusion of the purchase agreement, but no later than upon delivery of the goods, provide the buyer with confirmation of the conclusion of the purchase agreement on a durable medium, such as via email. This confirmation must include all information specified in point 2.6, including the withdrawal form for the purchase agreement.

3.2. The seller has the right to receive proper and timely payment of the purchase price for the goods from the buyer.

3.3. If, due to stock depletion or unavailability of goods, the seller is unable to deliver the goods to the buyer within the time agreed in the purchase agreement or at the agreed purchase price, the seller is obligated to offer the buyer alternative performance or the option to withdraw from the purchase agreement, and the buyer is required to choose one of these options. If the buyer does not accept the alternative performance offered by the seller or withdraw from the purchase agreement within a reasonable time, the seller is entitled to withdraw from the purchase agreement. In cases where the buyer has already paid the purchase price or part of it, the seller is obligated to refund the paid purchase price or part of it within 14 days from the date of delivery of the seller's withdrawal from the purchase agreement to the buyer.

IV. Rights and obligations of the buyer

4.1. The buyer is obligated to fulfill their statutory obligations, particularly to pay the purchase price. The buyer has been informed by the seller that submitting an order includes the obligation to pay the price.

4.2. The buyer is specifically obligated to:

a) accept the ordered and delivered goods,

b) pay the seller the agreed purchase price within the agreed payment deadline, including the costs of goods delivery,

c) confirm receipt of the goods on the delivery note with their signature or the signature of an authorized person.

4.3. The buyer has the right, in particular, to the delivery of goods under the agreed conditions.

V. Delivery terms

5.1. The usual estimated availability of goods and their shipping date is indicated for each item on the e-commerce website.

5.2. Unless otherwise agreed between the seller and the buyer in the purchase agreement, the seller is obligated to deliver the goods to the buyer no later than 30 days from the date of the purchase agreement's conclusion. The parties agree that if the period specified under point 5.1 is longer, the period under point 5.1 shall apply. The period from the conclusion of the purchase agreement to the last day of the delivery timeframe as specified in this point is referred to as the Delivery Period.

5.3. The buyer is obligated to accept the goods at the location agreed upon in the purchase agreement or as otherwise communicated before the delivery of the goods (hereinafter referred to as the Location). The buyer is required to accept the goods within the Delivery Period.

5.4. If the seller delivers the goods to the Location within the Delivery Period, the buyer is obligated to personally accept the goods or ensure that the goods are accepted by a person authorized by the buyer in the event of their absence. The authorized person must sign the handover and acceptance protocol. The authorized third party is required to present the seller with a copy of the order acceptance.

5.5. If the buyer fails to accept the goods delivered under the purchase agreement, the seller is entitled to compensation for damages, and the buyer is not entitled to redelivery of the goods unless otherwise agreed by the contractual parties.

5.6. In the case of collecting goods that have been prepaid, the seller or their contractual partner may require the presentation of an identification document (ID card or passport) to prevent damages and combat the legalization of proceeds from criminal activities.

5.7. The buyer is not entitled to offset any of their claims against the seller's claims without the seller's written consent, except in cases where the seller fails to fulfill their obligations either partially or fully.

5.8. The buyer is entitled to withdraw from the purchase agreement if the seller fails to deliver the goods within the agreed timeframe or within a timeframe specified in a written notice. The seller is obligated to refund the buyer any portion of the purchase price already paid within 14 days from the receipt of the withdrawal from the purchase agreement. A written notice is not required in cases specified by law.

5.9. If a winner in a competition organized by iFix s.r.o. wins a prize, the winner is required to claim their prize within 30 calendar days from the date the competition results were announced by iFix s.r.o. The winner's entitlement to the prize expires after this period, and the prize will be forfeited to the organizer.

5.10. The color representation of goods on a monitor may not precisely match the actual color shades as perceived by the buyer in reality. The display of color shades depends, among other factors, on the quality of the monitor or other display device used.

5.11. The buyer is obligated to inspect the goods and their packaging immediately upon delivery in the presence of the seller's representative. If any defects in the goods (including packaging defects) are found and/or if the shipment is incomplete (fewer items than ordered or missing ordered goods), the seller is obligated to allow the buyer to create a record of the extent and nature of the defect, the accuracy of which must be confirmed by the seller. Based on this record, which must be delivered to the seller, the buyer may refuse to accept the defective goods or confirm the receipt of the defective goods and subsequently exercise their rights regarding product defects in accordance with Article 8 of these GTC.

VI. Purchase price and payment terms

6.1. The purchase price for the goods is agreed upon in the purchase agreement between the seller and the buyer, and the price specified in the order acceptance is decisive (hereinafter referred to as the "purchase price"). If the purchase price indicated in the order confirmation is higher than the price for identical goods listed in the e-commerce offer at the time the buyer submitted the order, the seller will send the buyer an electronic message with information about a new purchase price offer. This offer is considered a proposal by the seller to conclude a new purchase agreement, which the buyer must explicitly confirm via email or in writing for the purchase agreement to be validly concluded.

6.2. The buyer is obligated to pay the seller the purchase price, including delivery costs, in cash or by payment card upon personal collection of the goods, by cash on delivery at the place of delivery, or by a cashless transfer to the seller's account specified in the order acceptance or on the seller's website before taking possession of the goods.

6.3. If the buyer pays the purchase price to the seller via cashless transfer, the payment date is considered the date on which the full purchase price is credited to the seller's account.

6.4. The buyer is obligated to pay the seller the purchase price for the agreed goods within the timeframe specified in the purchase agreement, but no later than at the time of receiving the goods.

6.5. If the buyer fails to pay the full purchase price to the seller by the time the goods are delivered to the Location and the contractual parties have not agreed on installment payments for the purchase price, the seller is entitled to withhold the delivery of the goods. In case of non-fulfillment of the payment obligation under this clause, the seller is also entitled to withdraw from the contract.

6.6. Costs associated with the assembly and delivery of goods to upper floors are not included in the purchase price, and the seller is not obligated to provide these services to the buyer.

6.7. The displayed purchase price of goods on any e-commerce website operated by the seller does not include the cost of goods transportation or other optional services. All promotions are valid while supplies last unless otherwise specified for a particular product.

The seller reserves the right to adjust the price of goods displayed on any e-commerce website operated by the seller at any time. Price changes do not apply to purchase agreements concluded before the price change, regardless of whether the goods have yet to be delivered.

VII. Transfer of ownership and risk of damage to goods

7.1. Ownership of the goods passes to the buyer upon receipt of the goods at the agreed location.

7.2. The risk of damage to the goods transfers to the buyer at the moment the buyer or a third party authorized by the buyer takes possession of the goods from the seller or their representative authorized to deliver the goods. If the buyer fails to take possession of the goods in a timely manner, the risk of damage transfers at the moment the seller makes the goods available to the buyer and the buyer fails to take possession.

VIII. Liability for defects, consumer warranty, and claims for defects (Complaints procedure)

8.1.  If the seller is liable for a defect in the goods, the buyer has the right to request the defect be remedied by repair or replacement, the right to a reasonable discount on the purchase price, or the right to withdraw from the purchase agreement.

8.2. The choice and exercise of claims under point 8.1 of these GTC are governed by the applicable legal regulations.

8.3. The seller has informed the buyer of their rights regarding defects in the goods arising from the applicable legal regulations and the concluded agreement by publishing these GTC on the relevant subpage of the seller's e-commerce website. The buyer had the opportunity to review them before submitting the order.

8.4. The seller is responsible for defects in the goods in accordance with the applicable laws of the Slovak Republic, and the buyer is obliged to claim defects with the seller or with a designated person. The seller is liable for any defect that the sold goods have at the time of delivery and that manifests within two years from the date of delivery. If the subject of purchase is goods with digital elements where digital content is to be provided or a digital service is to be delivered continuously for an agreed period, the seller is responsible for any defect in the digital content or digital service that occurs or manifests during the agreed period, but at least for two years from the delivery of goods with digital elements. For nearly-new goods (defined as used goods that have been inspected by our specialists and are labeled as such) and used goods (defined as goods that are labeled as used or repaired without defects, where the completeness of the packaging does not prevent full use of the product), the contractual parties have agreed on liability for defects in the goods for a period of 12 months from the date of delivery.

8.5. If the goods exhibit defects, the buyer has the right to claim related entitlements by reporting the defect at any of the seller's business premises, with another person designated by the seller and communicated to the buyer before the contract was concluded, or via remote communication at the address of the seller's registered office or place of business, or at another address provided to the buyer at the time of or after concluding the contract. The defective goods must also be submitted when reporting the defect unless otherwise agreed. The seller recommends insuring the goods when sending them. The seller does not accept cash-on-delivery shipments. The buyer is obliged to provide truthful information, particularly to specify the type and extent of the defect accurately, and to indicate which of their rights they are exercising.

8.6. The procedure for claiming defects in goods that can be delivered to the seller begins on the day when all the following conditions are cumulatively met:

8.6.1. delivery of the defect claim,

8.6.2. delivery of the goods from the buyer to the seller or a designated person,

8.6.3. delivery of access codes, passwords, etc., to the seller, if such data are necessary for the proper handling of the claim.

8.7. If the subject of the claim is goods that cannot objectively be delivered to the seller or are permanently installed, the buyer, in addition to fulfilling the conditions under points 8.6.1. and 8.6.3. of these Terms and Conditions, is obliged to provide all necessary cooperation to enable the inspection of the goods by the seller or a third party designated by the seller. The procedure for claiming defects in goods that cannot objectively be delivered to the seller or are permanently installed begins on the day the inspection of the goods is carried out as per the first sentence. However, if the seller or the designated third party, despite the buyer’s necessary cooperation, fails to ensure the inspection within a reasonable period, but no later than 10 days from the delivery of the defect claim to the seller, the procedure begins on the day the defect claim is delivered.

8.8. The seller or the designated person shall issue the buyer a confirmation of the defect claim in accordance with the relevant legal provisions.

8.9. Liability for defects does not apply to defects that the buyer was notified of by the seller at the time of concluding the contract or which, considering the circumstances under which the purchase contract was concluded, the buyer should have been aware of.

8.10. The seller is not liable for defects in the goods:

8.10.1. if the buyer did not exercise their right regarding the seller's liability for a defect in the goods within the legally prescribed time limits,

8.10.2. if the defect in the goods is due to mechanical damage caused by the buyer,

8.10.3. if the defect in the goods is a reduced battery capacity,

8.10.4. if the defect in the goods arose from using the goods in conditions that do not correspond with the goods' natural environment in terms of intensity, humidity, chemical, and mechanical effects,

8.10.5. if the defect in the goods arose from improper handling, operation, or neglect of care for the goods,

8.10.6. if the defect in the goods was caused by excessive strain or use contrary to the conditions specified in the documentation or general principles of usual use of the goods,

8.10.7. if the defect in the goods was caused by damage due to unavoidable and/or unforeseeable events,

8.10.8. if the defect in the goods was caused by damage due to accidental spoilage or accidental deterioration,

8.10.9. if the defect in the goods was caused by improper intervention, water damage, fire, static or atmospheric electricity, or any other force majeure intervention,

8.10.10. if the defect in the goods was caused by unauthorized intervention by an unauthorized person,

8.10.11. if the shipment is incomplete or if it involves an obvious defect that the buyer could have detected by inspecting the shipment upon delivery and did not address it in accordance with these Terms and Conditions, or failed to notify the seller without undue delay,

8.10.12 if the defect in the goods manifests as horizontal and/or vertical lines on the display/screen, when such defect is the result of mechanical damage.

8.11. The contractual parties have agreed on a consumer warranty of 24 months from the date of delivery of the goods, unless a different period is specified for specific cases. For nearly-new goods and used goods, the parties have agreed on a consumer warranty of 12 months from the date of delivery of the goods;

In the case of replacing goods with new ones, the buyer will receive a document indicating the replacement of the goods, and any further claims regarding defects in the goods will be based on the purchase agreement and this document. If the goods are replaced with new ones, the consumer warranty period will restart from the receipt of the new goods, but only for the new goods.

Claims under the consumer warranty cannot be made if the buyer does not have a warranty card, proof of payment, or any other document that proves the purchase of the goods from the seller.

8.12. The handling of claims regarding defects in the goods applies only to the defects mentioned in the defect notice.

8.13. For the purposes of this article

• a repeatedly occurring removable defect is considered to be the occurrence of a single removable defect more than twice.
• a larger number of different removable defects is considered to be the occurrence of more than three different removable defects simultaneously.

8.14. Regardless of the outcome of the complaint, any subsequent claim for the same unique defect (not a defect of the same kind) will be rejected.

8.15. In the case of replacement parts for Apple iPhone (battery, display, camera depending on the iPhone model, etc.) on Apple devices, the message may appear: "Unable to verify if this iPhone is using an original Apple part (battery, display, camera depending on the iPhone model)."

These messages do not affect the device's performance, and after 4 days, they will disappear from the lock screen and will only be visible in the Settings. The appearance of this message does not impact the device's performance.

8.16. If the buyer is not satisfied with the way the seller handled the claim regarding a defect in the goods or believes that the seller has violated their rights, the buyer has the option to contact the seller with a request for remedy. If the seller responds negatively to the request for remedy or does not respond within 30 days from the date of sending the request, the buyer has the right to submit a proposal to initiate alternative dispute resolution in accordance with Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes and on amendments to certain laws.

The competent authority for alternative dispute resolution of consumer disputes with the seller is the Slovak Trade Inspection (also the supervisory body authorized to accept complaints in case of violation of consumer rights or interests), Bajkalská 21/A, P.O.Box No. 29, 827 99 Bratislava, www.soi.sk, or another competent authorized legal entity 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 buyer has the right to choose which of the listed alternative dispute resolution entities to contact.

The buyer can use the online dispute resolution platform to submit a proposal for the alternative resolution of their dispute, which is available on the website http://ec.europa.eu/consumers/odr/.

IX. Personal data and its protection

9.1. The contractual parties agree that the buyer is required to provide their full name, permanent address, phone number, and email address for the proper fulfillment of the purchase agreement.

9.2. A buyer who has registered on the online store can at any time check and change the provided personal data, as well as cancel their registration, by logging in to the online store's website in the "user profile" section.

9.3. The seller hereby informs the buyer that, in accordance with Article 6(1)(b) of the European Parliament and Council Regulation (EU) 2016/679 of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "Regulation"), the seller, as the data controller, will process the buyer's personal data without their consent as the data subject during the process of concluding the purchase agreement, as the processing of the buyer's personal data is carried out by the seller within the pre-contractual relationship with the buyer and is necessary for the performance of the purchase agreement, in which the buyer is one of the contracting parties.

9.4. In accordance with Article 6(1)(f) of the Regulation, the seller may, after delivering the ordered goods or services to the buyer, process the buyer's personal data for direct marketing purposes based on legitimate interest and send the buyer information about new products, discounts, and promotions on offered goods or services to the buyer's email address.

9.5. The seller commits to handling and processing the buyer's personal data in accordance with the applicable legal regulations of the Slovak Republic.

9.6. The seller declares that, in accordance with Article 5(1)(a) and (b) of the Regulation, personal data of the buyer will be collected exclusively for the purpose specified in these Terms and Conditions.

9.7. The seller declares that for purposes other than those stated in these Terms and Conditions, the seller will always collect the buyer's personal data separately on an appropriate legal basis and will ensure that these personal data are processed and used exclusively in a manner that is consistent with the purpose for which they were collected. The seller will not combine these personal data with data obtained for other purposes or for the purpose of fulfilling the purchase agreement.

9.8. Before submitting the order, the buyer will be prompted to confirm by checking a box that the seller has sufficiently, clearly, and unmistakably informed them about: the seller’s identification details, as specified in Article 1 of these Terms and Conditions, proving the seller's identity; the seller's contact information or the contact details of the responsible person; the purpose of processing personal data, which is the conclusion of a purchase agreement between the seller and the buyer, and the legal basis for processing personal data; that the requested personal data must be provided by the buyer for the purpose of concluding the purchase agreement and properly processing and delivering the order, if the processing is based on Article 6(1)(f); that the legitimate interest pursued by the seller is direct marketing; the identification details of the third party, which is the company delivering the ordered goods to the buyer, or the identification details of other recipients or categories of recipients of personal data, if applicable; the retention period for personal data, or the criteria used to determine it.

9.9. The seller declares that they will process personal data in accordance with good morals and will act in a manner that is not in conflict with the Regulation or other binding legal provisions, and will not circumvent them.

9.10. In accordance with the Regulation, the seller provides the following information to the buyer, whose data is being processed: the identity and contact details of the seller and, where applicable, the representative of the seller; the contact details of any responsible person; the purposes for which the personal data is intended; the legal basis for processing, if the processing is based on Article 6(1)(f); the legitimate interests pursued by the seller or a third party; the recipients or categories of recipients of the personal data, if applicable; where relevant, information about whether the seller intends to transfer personal data to a third country or an international organization; the retention period for personal data, or the criteria used to determine it; information on the existence of the right to request access to personal data, the right to correct or delete it, or to restrict processing, or the right to object to processing, as well as the right to data portability; the right to lodge a complaint with a supervisory authority; information on whether the provision of personal data is a legal or contractual requirement, or a requirement necessary to enter into a contract, whether the buyer is obliged to provide personal data, and the possible consequences of failing to provide such data; the existence of automated decision-making, including profiling.

9.11. The buyer has the right to obtain a copy of the personal data being processed by the seller, along with all the above-mentioned information. For any additional copies requested by the buyer, the seller may charge a fee corresponding to the administrative costs of providing the copy.

9.12. If the buyer exercises their right under point 9.11 in writing or electronically, and the content of their request indicates that they are exercising their right under point 9.11, the request shall be considered as submitted in accordance with the Regulation.

9.13. The buyer has the right to object to the processing of their personal data, which they believe is or will be processed for the purposes of direct marketing, including profiling to the extent that it is related to such direct marketing. If the buyer objects to such processing, the seller will cease processing the personal data for direct marketing purposes from the day the objection is delivered to the seller, and the personal data of the affected buyer will no longer be processed for these purposes.

9.14. If the buyer suspects that their personal data is being processed unlawfully, they may file a complaint with the Office for Personal Data Protection of the Slovak Republic. If the buyer is not fully capable of legal actions, their legal representative may exercise these rights on their behalf.

9.15. The seller will take appropriate measures to provide the buyer with all the information specified in point 9.10 in a concise, transparent, understandable, and easily accessible form, clearly and simply phrased. The seller will provide the information electronically or by other means agreed with the buyer in accordance with the Regulation.

9.16. The seller will provide the buyer with information about the actions taken based on the buyer's request without undue delay, and in any case, within one month from the date the request is received.

9.17. The seller hereby informs the buyer that, in fulfillment of the concluded contract and in accordance with the relevant legal regulations, it is expected that the buyer's personal data will be provided and made available to the following third parties or categories of recipients:

9.17.1. DHL Express (Slovakia), spol. s r. o., Letisko M. R. Štefánika Bratislava 820 01, IČO: 31342876, IČ DPH: SK2020298610, registered in the Commercial Register of the District Court Bratislava III, Section Sa, Insert: 4400/B.

9.17.2. Slovak Parcel Service s.r.o., Senecká cesta 1, 900 28 Ivanka pri Dunaji, IČO: 31329217, IČ DPH: SK2020351993, registered in the Commercial Register of the District Court Bratislava III, Section Sa, Insert: 3215/B.

9.17.3. Slovenská pošta, a.s., Partizánska cesta 9, Banská Bystrica 975 99, IČO: 36631124, IČ DPH: SK2021879959, registered in the Commercial Register of the District Court Banská Bystrica, Section Sa, Insert: 803/S.

9.17.4. Heureka Group a.s., Karolinská 706/3, 186 00 Praha 8 – Karlín, Czech Republic, B 24131 registered with the Municipal Court in Prague, IČ: 07822774, VAT number: CZ07822774.

9.18. Customer satisfaction is measured through email surveys as part of the Verified by Customers program, which the e-shop is involved in. Email surveys are sent after each purchase, unless the sending of electronic mail for direct marketing purposes is declined in accordance with applicable legal regulations. The processing of personal data for sending surveys within the Verified by Customers program is carried out based on legitimate interest, which lies in assessing customer satisfaction with the purchase. A data processor, the operator of the Heureka.sk portal, is used for sending surveys, evaluating feedback, and analyzing market positioning. Information about the purchased goods and the buyer's email address may be shared with the processor for these purposes. Personal data is not provided to any third party for its own purposes when sending email surveys. The buyer can object to receiving email surveys as part of the Verified by Customers program at any time by rejecting further surveys via the link in the survey email. If an objection is raised, no further surveys will be sent.

 X. Withdrawal from the purchase agreement

10.1. The buyer has the right to withdraw from a distance contract or from a contract concluded outside the seller's business premises without providing a reason, within the legally prescribed period (further details in sections 10.3, 10.4, 10.5 of these Terms and Conditions), except for a contract whose subject matter is:

a) the provision of a service, if

1. the service has been fully provided, and

2. the provision of the service began before the expiration of the withdrawal period with the explicit consent of the buyer, and the buyer declared that they were properly informed that by giving consent, they lose the right to withdraw from the contract after the service has been fully provided, if under the contract the buyer is obligated to pay the price.

b) the delivery or provision of a product whose price depends on fluctuations in the financial market that the seller cannot influence and which may occur during the withdrawal period,

c) the delivery of goods made according to the buyer's specifications or custom-made goods,

d) the delivery of goods that are subject to rapid deterioration in quality or spoilage,

e) the delivery of goods enclosed in a protective seal that cannot be returned due to health protection or hygiene reasons, if the protective seal has been broken after delivery,

f) the delivery of goods which, by their nature, may be inseparably mixed with other goods after delivery,

g) the delivery of alcoholic beverages, the price of which was agreed upon at the time the contract was concluded, provided that their delivery can only take place after 30 days and their price depends on market fluctuations that the seller cannot influence,

h) the performance of urgent repairs or maintenance during a visit to the buyer, which the buyer explicitly requested from the seller; this does not apply to a contract whose subject is the provision of a service other than repair or maintenance, or to a contract whose subject is the delivery of goods other than spare parts necessary for repair or maintenance, if the contracts were concluded during a visit by the seller to the buyer and the buyer did not order these goods or services in advance,

i) the delivery of sound recordings, video recordings, audiovisual recordings, or software in a protective seal that has been broken after delivery,

j) the delivery of periodicals, except for deliveries based on a subscription contract,

k) goods purchased at a public auction,

l) the provision of accommodation services for purposes other than residential purposes, transportation of goods, car rentals, catering services, or services related to leisure activities, if, according to the contract, the seller is to provide these services at a precisely agreed time or within a precisely agreed period,

m) the delivery of digital content that the seller provides otherwise than on a tangible medium, if

1. the delivery of digital content has begun, and

2. the buyer has explicitly consented to the start of delivery of the digital content before the expiration of the withdrawal period, declared that they were properly informed that by giving consent, they lose the right to withdraw from the contract once the delivery of the digital content has begun, and the seller has provided the buyer with confirmation according to § 17(12)(b) or § 17(13)(b) of Act No. 108/2024 Coll., if the contract specifies that the buyer is obliged to pay the price.

The buyer has the right to withdraw from the contract without providing a reason within the period specified by law (further details in points 10.3, 10.4, 10.5 of these Terms and Conditions) if the buyer and seller concluded the contract under points 10.1 (a) to (c) or (e) of these Terms and Conditions at a sales event or during an unsolicited visit.

10.2. The buyer loses the right to withdraw from the distance contract or a contract concluded outside the seller's business premises, the subject of which is the performance of a repair, as soon as the service is fully provided, if the buyer explicitly requested the seller's visit for the purpose of performing the repair and the performance began with the buyer's prior explicit consent.

10.3. The buyer may withdraw from a distance contract or a contract concluded outside the seller's business premises within

a) 14 days from

1. the date the goods are received by the buyer, as per point 10.6 of these Terms and Conditions,
2. the conclusion of a contract for the provision of a service,
3. the conclusion of a contract for the supply of water not sold in limited volumes or specific quantities, and a contract for the supply and consumption of heat,
4. the conclusion of a contract for the delivery of digital content provided by the seller otherwise than on a tangible medium,

b) 30 days from the conclusion of the contract in the case of an unsolicited visit or in connection with such a visit, or at a sales event or in connection with it.

10.4. If the seller provided the buyer with information according to § 15 (1) (f) of Act No. 108/2024 Coll. late, but no later than 12 months from the start of the withdrawal period specified in point 10.3 of these Terms and Conditions, the buyer may withdraw from the distance contract or the contract concluded outside the seller's business premises within

a) 14 days from the day the seller subsequently fulfilled the information obligation, if the period is based on point 10.3(a) of these Terms and Conditions, or

b) 30 days from the day the seller subsequently fulfilled the information obligation, if the period is based on point 10.3(b) of these Terms and Conditions.

10.5. If the seller has not provided the buyer with the information according to § 15 (1) (f) of Act No. 108/2024 Coll. or according to point 10.4, the buyer may withdraw from the distance contract or the contract concluded outside the seller's business premises within 12 months from the expiration of the period specified in point 10.3 of these Terms and Conditions.

10.6. The goods are considered to be received by the buyer at the moment when the buyer or a third party designated by them, other than the carrier, takes possession of all parts of the ordered goods, or if

a) the goods ordered by the buyer in a single order are delivered separately, at the moment the last delivered item is received,

b) the goods consist of multiple parts or pieces, at the moment the last part or piece is received,

c) the goods are delivered repeatedly over a certain period, at the moment the first item is received.

10.7. The buyer may withdraw from a distance contract or a contract concluded outside the seller's business premises, the subject of which is the delivery of goods, even before the withdrawal period begins.

10.8. The buyer may exercise the right to withdraw from the distance contract or a contract concluded outside the seller's business premises in writing or in a durable medium, and if the contract was concluded orally, the buyer's exercise of the right to withdraw from the contract is sufficient if the buyer provides any clearly formulated declaration expressing the intention to withdraw from the contract (hereinafter referred to as the "notice of withdrawal from the contract"). The buyer may use the model withdrawal form according to Appendix 1 of these Terms and Conditions.

10.9.The withdrawal period from the contract as specified in points 10.3 to 10.5 of these Terms and Conditions is considered respected if the buyer sends the notice of withdrawal from the contract to the seller no later than the last day of the withdrawal period.

10.10. In case of doubt about delivery, the notice of withdrawal from the contract sent by the buyer is considered delivered after the time appropriate for the delivery method used, if the buyer can prove that the notice of withdrawal was sent to the address that the seller provided to the buyer according to § 5 (1)(b) of Act No. 108/2024 Coll. or § 15 (1)(a) to (c) of Act No. 108/2024 Coll., or to another address that the seller provided to the buyer after the contract was concluded. The notice of withdrawal from the contract is considered delivered on the day it was sent to the seller's address as mentioned in the first sentence, if the postal item containing the notice of withdrawal cannot be delivered to the seller for reasons specified by special regulations.

10.11. The seller is obligated to immediately provide the buyer with a confirmation of receipt of the notice of withdrawal from the contract on a durable medium, if the buyer has withdrawn from the contract using a special function or withdrawal form available in the seller's online interface.

10.12. The buyer may withdraw from the contract only in relation to a specific product or products, if the seller, based on a distance contract or a contract concluded outside the seller's business premises, has delivered or provided multiple products.

10.13. The effects of withdrawal from a distance contract or a contract concluded outside the seller's business premises also apply to any supplementary contract related to the contract from which the buyer has withdrawn; this does not apply if the parties explicitly agree on the continued duration of the supplementary contract.

For the purposes of this point, a supplementary contract refers to any agreement for the delivery or provision of an additional product related to the subject of the distance contract or the contract concluded outside the seller's business premises, regardless of whether the product is provided by the seller or another person based on an agreement with the seller.

The seller or another person may, in connection with the termination of the supplementary contract under this point, only require the buyer to cover costs according to § 21 (3) and (5) and § 22 (3) of Act No. 108/2024 Coll.

The modification of this point does not affect the contract for a tied consumer credit.

The burden of proof regarding the exercise of the right to withdraw from the contract lies with the buyer.

10.14. The buyer is obliged to return the goods within 14 days from the day of withdrawal from the distance contract or from the contract concluded outside the seller's business premises according to point 10.1 of these Terms and Conditions, or to hand the goods over to the seller or a person designated by the seller for the collection of the goods; this does not apply if the seller offers to pick up the goods personally or through a designated person. The deadline in the first sentence is considered met if the buyer sends the goods to the seller by the last day of the period.

The buyer is entitled to refuse to return the goods acquired under a contract concluded during an unsolicited visit, at a sales event, or in connection with it, until the seller refunds the paid price to the buyer.

In the case of withdrawal from a distance contract or a contract concluded outside the seller's business premises as per point 10.1 of these Terms and Conditions, the buyer is responsible only for the costs of returning the goods to the seller or to a person designated by the seller for the collection of the goods; this does not apply if the seller has agreed to bear the costs or if the seller has failed to fulfill the information obligation under § 15 (1)(g) of Act No. 108/2024 Coll. The buyer confirms that the information obligation has been fulfilled by the seller and declares that they have been informed accordingly.

The buyer is responsible for the reduction in the value of the goods that occurs as a result of handling the goods in a way that goes beyond what is necessary to determine the nature and functionality of the goods; this does not apply if the seller has failed to fulfill the information obligation under § 15 (1)(f) of Act No. 108/2024 Coll. The buyer confirms that the information obligation has been fulfilled by the seller and declares that they have been informed accordingly.

The buyer is obligated to pay the seller the price for the services actually provided up to the date of delivery of the notice of withdrawal from the contract, if the buyer, according to point 10.1 of these Terms and Conditions, withdraws from a distance contract or a contract concluded outside the seller's business premises, the subject of which is the provision of a service, the supply of water that is not sold in limited volumes or specific quantities, or the supply of heat, and has given explicit consent according to § 17 (10)(c) of Act No. 108/2024 Coll. before the service began. The price for the services actually provided will be calculated proportionally based on the total agreed price in the contract. If the total price agreed upon in the contract is overstated, the price for the services actually provided will be calculated based on the market price of the service provided.

In addition to the obligations specified in this point and the obligation to pay additional costs under § 22 (3) of Act No. 108/2024 Coll., no further obligations or costs arise for the buyer from exercising the right to withdraw from the distance contract or a contract concluded outside the seller's business premises according to point 10.1 of these Terms and Conditions.

10.15. The seller is obligated to return all payments made by the buyer based on or in connection with a distance contract, a contract concluded outside the seller’s business premises, or with a supplementary contract, including the costs of transportation, delivery, postage, and other costs and fees, within 14 days from the day the notice of withdrawal from the contract is delivered.

The seller is required to return all payments to the buyer according to this point to the extent corresponding to the withdrawal from the contract, if the buyer has not withdrawn from the entire distance contract or the entire contract concluded outside the seller’s business premises. The seller may not charge the buyer additional costs for transportation, delivery, postage, or other costs and fees.

The seller is not required to reimburse the buyer for additional costs if the buyer explicitly chose a method of delivery other than the least expensive standard delivery method offered by the seller. Additional costs refer to the difference between the delivery costs chosen by the buyer and the costs of the least expensive standard delivery method offered by the seller.

The seller cannot require the buyer to pay for:

a) the provision of a service, the supply of water that is not sold in limited volumes or specific quantities, or the supply of heat during the withdrawal period according to § 20 (1) to (3) of Act No. 108/2024 Coll., regardless of the extent of the service provided, if:

1. the seller has not provided the buyer with the information according to § 15 (1)(f) or (h) of Act No. 108/2024 Coll., or
2. the buyer has not explicitly consented to the commencement of the service or the delivery of water or heat according to § 17 (10)(c) of Act No. 108/2024 Coll.

b) the full or partial delivery of digital content provided by the seller otherwise than on a tangible medium, if:

1. the buyer has not explicitly consented to the commencement of the delivery of digital content according to § 17 (10)(c) of Act No. 108/2024 Coll.,
2. the buyer has not declared that they have been properly informed that by giving consent according to the first point, they lose the right to withdraw from the contract, or
3. the seller has not provided the buyer with confirmation according to § 17 (12)(b) or (13)(b) of Act No. 108/2024 Coll.

The seller is not obliged to return the payments to the buyer under this point when withdrawing from a distance contract or a contract concluded outside the seller's business premises, the subject of which is the delivery of goods, before the goods are delivered to the buyer or until the buyer proves they have sent the goods back to the seller, unless the seller proposes to pick up the goods personally or through a designated person.

The seller is obliged to return the payments to the buyer under this point using the same method that the buyer used for payment; this does not affect the seller's right to agree with the buyer on another method of payment, provided that no fees are charged to the buyer in connection with the payment.

The seller is obligated to arrange for the collection of the goods at their own expense within the period specified in this point if, based on a contract concluded outside the seller's business premises, the goods were delivered to the buyer’s home at the time the contract was concluded and, considering the nature of the goods, it is not possible to return the goods to the seller by mail.

Unilateral set-off of claims between the seller and the buyer arising from withdrawal from the contract according to point 10.1 of these Terms and Conditions is prohibited.

The withdrawal from a distance contract or a contract concluded outside the seller's business premises, the subject of which is digital content or a digital service, is subject to § 852m (3), (5) to (8) of the Civil Code.

10.16. The buyer declares that the seller, before concluding the contract under which the buyer is obligated to pay the price, and before the expiration of the withdrawal period specified in point 10.3 of these Terms and Conditions:

a) specifically informed the buyer that by giving consent to the commencement:

1. of providing the service before the expiration of the withdrawal period, the buyer loses the right to withdraw from the contract after the service is fully provided, or
2. of the delivery of digital content provided by the seller other than on a tangible medium, before the expiration of the withdrawal period, the buyer loses the right to withdraw from the contract,

b) requested the buyer's statement that they were informed according to letter a), and

c) requested the buyer's explicit consent to begin the provision of the service or the delivery of water, heat, or digital content before the expiration of the withdrawal period, and the buyer grants such consent.

10.17. If, due to the depletion of stock or unavailability of goods, the seller is unable to deliver the goods to the buyer within the agreed timeframe or at the agreed purchase price, the seller is obligated to offer the buyer an alternative performance or the option to withdraw from the purchase agreement. If the buyer does not accept the alternative performance offered by the seller within a reasonable period or does not withdraw from the purchase agreement, the seller is entitled to withdraw from the purchase agreement.

XI. Final provisions

11.1. The contractual parties have agreed that communication between them will be conducted via email.

11.2. Given that the export of certain goods (especially selected technical products or computer software) may be prohibited or restricted to some third countries, or may be subject to obtaining prior public authorization, or the seller may be contractually bound to the manufacturer of the goods, or the seller may have such an obligation under binding legal regulations, the buyer is obligated to inform the seller in writing of their intention to export any goods purchased from the seller before carrying out the export. The export may only be carried out after obtaining the seller's written consent. All costs associated with obtaining such consent shall be borne by the buyer.

11.3. For matters not governed by these Terms and Conditions, the relevant provisions of Slovak law apply, particularly Act No. 40/1964 Coll. Civil Code and Act No. 108/2024 Coll. on consumer protection and amendments to certain laws. Disputes arising between the seller and the buyer will primarily be resolved through negotiations, and if an agreement is not reached, the disputes will be resolved by the courts of the Slovak Republic.

11.4. If any provision of the purchase agreement is invalid or unenforceable, or becomes so, it will not affect the validity and enforceability of the remaining provisions, provided that such provision can be separated from the other provisions of the purchase agreement as a whole. The contractual parties will make every effort to replace such a provision with a new one that is as similar as possible in its content and effect to the invalid or unenforceable provision, within 30 days from the date the respective provision became invalid, voidable, or unenforceable, or when the contractual party became aware of this and informed the other party, whichever occurs earlier.

11.5. These Terms and Conditions become effective for the buyer upon the conclusion of the purchase agreement. The seller has the right to unilaterally change the Terms and Conditions at any time, and the changes will become effective on the date of their announcement, unless otherwise agreed.

11.6. During the process of concluding the purchase agreement, the buyer will be prompted to check a box confirming that they have familiarized themselves with these Terms and Conditions, read them, understood their content, and agree to them in full.

 

Last updated on 25.11.2024