1. Introductory provisions
1.1 The following general terms and conditions (hereinafter referred to as "terms and conditions") are issued:
Business name: KFD Slovensko, s.r.o.
Address: Podbiel 95, 027 42, Podbiel, Slovakia
VAT number: 2120546109
Business Register: District Court Žilina
Responsible person: Andrej Bartoš
E-mail address: email@example.com
Telephone number: +421 902 245 657
for the sale of products and services through an online store located at the Internet address www.elizz.sk
1.2 These terms and conditions govern the mutual rights and obligations of the seller and the natural person who enters into a purchase contract outside his business as a consumer or within his business (hereinafter "buyer") through a web interface located on the website available www.elizz .sk (hereinafter "online store").
1.3 The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
1.4 Provisions different from the business conditions can be agreed in the purchase contract. Different agreements in the purchase contract take precedence over the provisions of the terms and conditions.
1.5 The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Slovak language. The purchase contract can be concluded in the Slovak language.
1.6 The wording of the terms and conditions may be amended or supplemented by the seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. User account
2.1 Upon registration of the buyer on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2 When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully.The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering the goods are considered correct by the seller.
2.3 Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4 The buyer is not entitled to allow the use of the user account by third parties.
2.5 The seller may cancel the user account, especially if the buyer does not use his user account for more than 24 months, or if the buyer violates its obligations under the purchase agreement (including the terms and conditions).
2.6 The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, respectively. with regard to the necessary maintenance of third party hardware and software.
3. Conclusion of the purchase contract
3.1 The entire presentation of the goods placed on the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.
3.2 The web interface of the store contains information about the goods, including the prices of individual types of goods and the cost of returning the goods, if these goods by their nature can not be returned by regular mail. The prices of the goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually negotiated conditions.
3.3 The web interface of the store also contains information on the costs associated with packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Slovak Republic.
3.4 To order the goods, the buyer fills in the order form in the web interface of the store. The order form contains mainly information about:
3.4.1 the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2 the methods of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3 information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
3.5 Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Order with payment obligation" button. The data provided in the order are considered correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6 The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (in writing or by telephone).
3.7 The contractual relationship between the seller and the buyer arises from the delivery of the received order (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.
3.8 The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
4. Price of goods and payment terms
4.1 The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
- in cash on delivery at the place specified by the buyer in the order;
- cashless transfer to the account of the seller no. 7096934001/5600, kept with Prima Banka (hereinafter referred to as the "Seller's Account");
4.2 Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3 The seller does not require a deposit or other similar payment from the buyer. This is without prejudice to the provision of Art. 4.6 of the business conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4 In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the purchase contract.
4.5 In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the time of crediting the relevant amount to the seller's account.
4.6 The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer.
4.7 Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.8 If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is not a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's email address.
4.9 According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
5. Withdrawal from the purchase contract
5.1 A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract without giving a reason.
5.2 The period for withdrawal from the contract is 14 days. Due to the fact that it is a disposable product, the possibility of return is limited to 14 days for logical and hygienic reasons.
- from the day of taking over the goods,
- from the date of taking over the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts,
- from the day of taking over the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
5.3 The buyer may not, inter alia, withdraw from the purchase contract:
- on the provision of services, if they were fulfilled with his prior express consent before the expiry of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract and if the service was fully provided,
- on the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the period for withdrawal from the contract,
- on the supply of alcoholic beverages, the price of which was agreed at the time of concluding the contract, which can be delivered only after thirty days and whose price depends on market fluctuations independent of the will of the seller,
- on the supply of goods which have been modified at the request of the buyer, custom-made goods or goods intended specifically for one buyer,
- on the supply of perishable goods as well as goods which, by reason of their nature, have been irretrievably mixed with other goods,
- on the delivery of goods in a closed package which cannot be returned for reasons of health protection or hygienic reasons and whose protective packaging has been broken after delivery,
- on the delivery of sound recordings, video recordings, audio-visual recordings, books or computer software, if they are sold in protective packaging and the buyer has unpacked this packaging,
- on the supply of newspapers, periodicals or magazines, with the exception of sales on the basis of an agreement on subscription and sale of books not supplied in protective packaging,
- on the delivery of electronic content other than on a tangible medium, if its provision began with the express consent of the buyer and the buyer has declared that he has been duly informed that by expressing this consent he loses the right to withdraw from the contract,
- in other cases specified in § 7 par. 6 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller, as amended.
5.4 In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
5.5 To withdraw from the purchase contract, the buyer can use the sample form for withdrawal from the contract provided by the seller. Withdrawal from the purchase contract will be sent by the buyer to the email or delivery address of the seller specified in these terms and conditions. The seller will confirm to the buyer the receipt of the form without delay.
5.6 The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
5.7 If the buyer withdraws from the contract, the seller shall return to him without delay, but no later than within 14 days of the withdrawal from the contract, all funds, including delivery costs, which he has received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if he does not incur additional costs.
5.8 If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will return to the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
5.9 If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.
5.10 The goods must be returned by the buyer to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
5.11 The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller shall immediately inform the buyer via the email address specified in the order and return within 14 days of notice of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer.
6. Transport and delivery of goods
6.1 If the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2 In the event that the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3 In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
6.4 When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of observation of a damaged package indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.
6.5 Other rights and obligations of the parties in the transport of goods may be regulated by special delivery conditions of the seller, if they are issued by the seller.
7. Rights from defective performance
7.1 The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
- the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the seller, having regard to the nature of the goods and the advertisement made by the seller,
- the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
- the goods correspond to the quality or design of the agreed sample or model, if the quality or design was
- determined according to an agreed sample or template,
- the goods are in the corresponding quantity or weight, and
- the goods comply with the requirements of legal regulations.
7.2 If the defect manifests itself within six months of receipt of the goods by the buyer, it is considered that the goods were defective at the time of receipt. The buyer is entitled to exercise the rights from a defect that occurs in the consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to second-hand goods for a defect corresponding to the degree of use or wear of the goods when taken over by the buyer, or by the nature of the goods.
7.3 In the event of a defect, the buyer may submit a complaint to the seller and request:
- in the case of a defect which can be rectified;
- free removal of defect goods,
- exchange of goods for new goods,
- in the case of a defect which cannot be rectified;
- reasonable discount from the purchase price,
- withdraw from the contract.
7. 4 The buyer has the right to withdraw from the contract,
- if the goods have a defect which cannot be rectified and which prevents the thing from being properly used as a thing without defects,
- if he cannot use the goods properly due to the recurrence of the defect or defects after repair,
- if he cannot use the goods properly due to a large number of defects in the goods.
7.5 The seller is obliged to accept the complaint in any establishment where it is possible to accept the complaint, or in the registered office or place of business. The consumer can also file a complaint with a person designated by the seller. If the consumer's complaint is handled by a person designated by the seller, he can handle the complaint only by handing over the repaired goods, otherwise the complaint will be forwarded to the seller for equipment. The seller is obliged to issue the buyer a written confirmation of when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification. rejection of the complaint.
7.6 If the consumer files a complaint, the seller or an employee authorized by him or a designated person is obliged to inform the consumer about his rights arising from the defective performance. Based on the consumer's decision on the rights arising from defective performance, the Seller or his authorized employee or designated person is obliged to determine the method of handling complaints immediately, in complex cases no later than three working days from the date of advertising, in justified cases, in particular if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of the complaint. . After determining the method of handling the complaint, the complaint, including the elimination of the defect, must be resolved immediately, while in justified cases, the complaint can be resolved later. However, the settlement of the complaint, including the elimination of the defect, may not take longer than 30 days from the date of the complaint. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods. The moment of the complaint is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.
7.7 The seller informs the buyer in writing about the result of the complaint, no later than 30 days from the date of the complaint.
7.8 The buyer does not belong to the buyer if the buyer knew before taking over the thing that the thing was defective, or if the buyer caused the defect himself.
7.9 In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. The buyer can exercise this right from the seller within one month after the expiration of the warranty period.
7.10 The buyer has the choice of the method of complaint and its equipment, if there are several options.
7.11 The rights and obligations of the contracting parties with regard to the rights arising from defective performance are governed by Sections 499 to 510, Sections 596 to 600 and Sections 619 to 627 of Act no. 40/1964 Coll. Of the Civil Code as amended and Act no. 250/2007 Coll., On consumer protection, as amended.
8. Other rights and obligations of the contracting parties
8.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2 The seller is not bound by any codes of conduct in relation to the buyer
8.3 The handling of consumer complaints is provided by the seller via the electronic address referred to in Article 1. The seller shall send information on the handling of the buyer's complaint to the buyer's electronic address.
8.4 The relevant Slovak Trade Inspection Authority is designated for the out-of-court settlement of consumer disputes arising from the purchase contract.
8.5 The European Consumer Center in the Slovak Republic, with its registered office at Mlynské nivy 4924 / 44A, 82715 Bratislava, internet address: https://esc-sr.sk/ is a contact point pursuant to Regulation (EU) No 182/2011 of the European Parliament and of the Council. 524/2013 of 21 May 2013 on online dispute resolution for consumers and amending Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
8.6 The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The area of personal data protection is supervised by the Office for Personal Data Protection. The Slovak Trade Inspection Authority, to a limited extent, supervises compliance with Act no.6250/2007 Coll., On consumer protection, as amended.
8.7 The buyer hereby assumes the danger of a change in circumstances arising from the Civil Code.
9. Sending business notifications and storing cookies
9.1 The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial notices by the Seller to the electronic address of the Buyer.
9.2 The buyer agrees to impose the so-called cookies on his computer. In the event that the purchase on the website can be made and the obligations of the seller arising from the purchase contract can be fulfilled without the imposition of the so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
10.1 The Contracting Parties may deliver all written correspondence to each other by electronic mail.
10.2 The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.
11. Final provisions
11.1 If the relationship established by the purchase contract contains international (foreign) elements, then the parties agree that the relationship is governed by Slovak law.
11.2 By choosing the law according to Art. 11.1 of the terms and conditions, the consumer is not deprived of the protection afforded to him by the provisions of the legal order, from which it is not possible to deviate, and which would otherwise apply in the absence of a choice of law under the provisions of Art. 6 par. 1 Regulation (EC) No 1/2003 of the European Parliament and of the Council 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
11.3 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provisions will be replaced by provisions whose meaning is as close as possible to the invalid provisions. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
11.4 The purchase contract, including the business conditions, is archived by the seller in electronic form and is not accessible.
11.5 The appendix to the business conditions is a sample form for withdrawal from the purchase contract.
These terms and conditions take effect on 15.04.2019
Last updates - 09.05.2021