Online store at https://www.slovakstartup.com (the “shop”) is operated by Slovak STARTUP, o.z., registered at 14th/A Sliačska st., Bratislava – Nové Mesto, 83102, Slovak republic, ID: 50 158 597 (next as “Operator” or “Seller”), Bank: Tatra bank, no. account: SK0311000000002949020058.
1.2 The buyer
1.2.1. Buyer is any visitor of an online store, regardless of whether it is as a consumer or as an entrepreneur (the “Buyer”).
1.2.2. Consumer is the buyer – individual who, in concluding and performing the contract does not act within the scope of his trade or profession, occupation or profession (next as “consumer”).
1.2.3. Entrepreneur is a buyer – a person who is not a consumer. The entrepreneur is considered also any person who enters into transactions related to his own business, production or similar activities in the independent exercise of his profession, or a person acting on behalf or on behalf of the entrepreneur (next as “entrepreneur”).
1.3 Terms & conditions
1.3.1. These General Terms and Conditions (next as “Terms and Conditions”) govern the mutual rights and obligations of the parties arising in connection with or pursuant to a purchase contract settled between the seller and the buyer through an online store (next as “purchase agreement”).
1.3.2. Terms and conditions are an fundamental part of the purchase contract. Unless the purchase contract or in its attachments expressly provided differing arrangements or the validity of certain provisions of these terms and conditions is not a purchase agreement or other explicit arrangement between the operator and the buyer is excluded or otherwise modified, will apply in the rest of the common relations of the Parties to these terms and conditions.
1.3.3. Legal relationships between the consumer and the seller shall be administered by the relevant requirements of Law no. 40/1964 Coll. Civil Code, Law no. 250/2007 Coll. consumer protection and on amending Act of the Slovak National Council. 372/1990 Coll. on misdemeanors, as amended, Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services by the distance contract or contracts concluded away from business premises seller and amending certain laws (next as “Consumer Protection Act on the sale of goods under a contract concluded at a distance “), all in as corrected by subsequent legislation.
1.3.4. Legal relationships of the seller with entrepreneurs, expressly modified, shall be governed by the relevant provisions of Law no. 513/1991 Coll. Commercial Code as corrected by subsequent legislation.
2. The purchase contract
2.1. Offer of the goods
Offer of the goods means selected merchandise offered through catalog shopping website. Offer of goods is informative and the operator is not obliged to conclude a purchase contract about this product.
2.2 An order
2.2.1. An order could be created by the buyer using the form on the website online store. When you create an order, first the buyer select choice of goods which is interested. After selecting the desired quantity, mode of transport (see part. 2.4.1.) and the method of payment (see part. 2.5.1.) Buyer will confirm his order, to submit a obligatory proposal to purchase contract between the buyer and the seller.
2.2.2. Buyers sending orders declares that he has read these terms and conditions and fully agrees with them and that he was familiar with the fact that the order involves an obligation to pay the price of the chosen goods.
2.3 Closing of the contract
2.3.1. The operator assumes to adopt the draft contract of sale from the buyer if this proposal does not conflict with the terms and conditions and the operator does not have a specific reason to believe that the buyer breaks the purchase contract.
2.3.2. The contractual relationship between the operator and the buyer begins by delivery of the order receipt that the operator will send the purchaser to the electronic address specified by the buyer in the process of the creating of an order.
2.3.3. Costs acquired by the buyer while using the communication channels to close the contract (e.g. The cost of Internet connection or telephone communications costs) will be paid by the buyer himself.
2.4 Type of transport
2.4.1. Unless the purchase contract stated otherwise, the method of delivery is determined by the seller. If the mode of transport if the ordered goods is agreed at the request of the buyer, the buyer accepts the risk associated with such modes of transport, including any additional costs for the chosen mode of transport.
2.4.2. The shipment of goods, the seller accepts to inform the buyer’s electronic address specified by the buyer in the process of creating his order.
2.4.3. Sending the ordered goods is meant to send it to the address specified by the buyer in the process of creating his order. Operator reserves the right to add the cost of delivering the goods to the buyer the amount of the order according to the current price list of the carrier.
2.4.4. If required the buyer to send goods abroad, the operator reserves the right to add to the price of transport costs for shipping abroad, he notifies the buyer in advance.
2.5. Payment method
2.5.1. The operator offers a choice of the following payment methods: credit card over the internet, by bank transfer after booking, cash on delivery on receipt of goods from the carrier, TrustPay or credit card.
2.5.2. When choosing a card payment over the Internet will be the purchaser upon completion of an order directed at a third party payment server, which fills in the necessary payment information. After verification of the validity of the order will be confirmed and the amount of the purchase price will be deducted from the account of the buyer.
2.5.3. When choosing a bank transfer payment, the buyer will pay the price of the order before the shipment of the order to the bank account of the operator. For the execution of the order it is necessary to make a payment under the variable symbol, which is the order number and which the purchaser obtained at checkout. In the case of payment for the goods in the form of bank transfer is considered to be the purchase price paid on the day of crediting the relevant amounts to the account of the seller.
2.5.4. In the case of payment on delivery of receiving the goods from the carrier the operator reserves the right to add costs for cash on delivery to the amount of the order according to the current price list of the carrier.
2.5.5. The prices offered goods and services are inclusive of value added tax ( ‘VAT’), unless explicitly stated at cost, the price is exclusive of VAT.
2.6 The rights and obligations under the purchase contract
2.6.1. The operator is obliged to deliver the ordered goods to the buyer at the agreed price and the buyer is obliged to take over the goods and the purchase price including the cost of the chosen mode of transport of goods to pay.
2.6.2. In case of violation of the terms of the purchase contract or terms of trade from buyers, the operator reserves the right to withdraw from the contract. In such a case the buyer will be obliged to pay the operator all the costs associated with the order, especially after the cost of delivering the goods if the purchaser does not take over.
2.6.3. The buyer is obliged during the order of the goods give correct and true information. Data necessary for the purchase contract declared by the buyer are considered as correct by the seller.
2.6.4. The seller is not in relation with the purchaser by any special code of behavior.
2.6.5. All communications from the seller in any way associated with the order, respectively with the contract, the buyer would receive to the electronic address specified in the user account or shown to buyer in the order.
3. Shipping Times
3.1. Delivery date
3.1.1 The operator admits to send the goods to the buyer at the earliest possible date. The operator generally sends goods to the second day of conclusion of the contract so that the goods to be delivered within three working days. Delivery date is for information only and will be clarified by the operator in the order acceptance (acceptance).
3.1.2. The operator is not liable for damage caused by delay in transmission or delivery of goods for any reason.
3.3 Transport, delivery and receipt of goods
3.2.1. The buyer acquires title of the purchased goods by receiving the goods. By receiving the goods the buyer also takes the risk of damage to the goods.
3.2.2. In the delivery order is also included proof of purchase stating the date of purchase, product designation (name and quantity of the product), the purchase price (indicating the price of each product and the total price paid by the consumer) and information about the seller (company name and registered office of the seller) . The seller sends the buyer an invoice electronically.
3.2.3. When taking the goods from the carrier the buyer is obliged to check the possibility of damage of the packages and goods. When the buyer finds out any errors without delay he starts to deal those errors with the carrier and inform the seller. In the case of damage testifying of unauthorized invasion into delivery shipment or package, it is recommended to the buyer does not to receive the goods and with the carrier completes a record of the damaged item. By signing the delivery note buyer confirms that the shipment packaging, containing the product, was complete and undamaged.
3.2.4. Claims of mechanical damage to the goods of inadequate goods etc., which were not evident in receiving of the delivered goods from the carrier the buyer is obliged to apply immediately after his discovery. The operator is not liable for any damage to goods acquired during transport, if the buyer immediately has notified the damage, in accordance with paragraph. 3.2.3. and 3.2.4. in this terms of condition.
3.2.5. If it is on the part of the purchaser must deliver the goods repeatedly or in any other way than stated in the order, the buyer is liable for the costs associated with repeated delivery of goods, respectively costs associated with other way of delivery.
4. Withdrawal from the contract
4.1. Withdrawal from the contract by the buyer
4.1.1. If the sales contract is settled via online shop and while meeting the legally-required conditions, the consumer according to the Consumer Protection Act on the sale of goods under the distance contract law without giving any reason and without any sanction resign from the contract within 14 days from the date of delivery.
4.1.2. Operator increases consumers right to withdraw from the purchase of the distance to 90 days of receipt of goods, without giving any reason and without penalty, but after the expiration of the legal 14-day period, see the previous paragraph, only if the following conditions from the consumer side are included:
- Goods are complete, undamaged and in undamaged original packaging, and
- Products are proven unused if it is partially or fully protected by copyright law.
4.1.3. If the consumer within the statutory 14 day period or the extended 90 day period will communicate in accordance with these terms and conditions, to withdraw from the contract, purchase agreement is canceled. For withdrawal, the consumer may use proof of purchase, which received along with purchased goods.
4.1.4. The period for withdrawal from the contract is considered to be observed if the consumer for the duration of the purchase agreement sends to the seller a notification that he is willing to cancel the purchase agreement. In the event of close of the purchase agreement, the purchase contract is canceled from the beginning.
4.1.5. The consumer has the right within that period after receipt of the goods to tested the same way as usual when buying in a classic “brick” store, to establish characteristics and functioning of the goods. If the consumer withdraws from the contract within the legal 14 day period, the consumer is liable for reduced value, which was created as a result of such treatment of goods that are beyond treatment necessary to conclude the characteristics and functioning of the goods. If the consumer withdraws from the contract in the extended 90 day period, and returned goods is not complete or is demonstrably used or damaged, the operator is entitled against a consumer for a compensation.
4.1.6. The consumer acknowledges that, in accordance with § 7 ods. 6 of the Law on Consumer Protection in the sale of goods under a contract concluded at a distance, cannot withdraw from the contract when:
– the sale of goods that have been manufactured to the specific requirements of consumer, custom made or goods projected specifically for one consumer,
– sale of goods with fast reduction in quality.
– sale of goods which may be due to its nature after delivery inseparably mixed with other goods,
– sale of goods enclosed in a protective case that is broken after delivery and for reasons of hygiene or for health reasons it is not appropriate to return such goods (e.g. Lingerie and swimwear)
– sale of audio recordings, video recordings, audio recordings, books or computer program, unless the consumer has disrupted / unrolled their original protective packaging,
– the sale of periodicals excluding sales agreement for subscription and sale of books not supplied in a protective case.
4.1.7. Consumer in case of using the right to withdraw from the contract sent or transmitted to the seller without delay, within 14 days of termination of the contract goods from him received, including all its parts and accessories. The consumer is the seller must deliver the goods complete, including complete documentation, undamaged, preferably in the original packaging and unused. The goods should be sent to the address of the seller, on Slovak STARTUP, o.z., registered at 14th/A Sliačska st., Bratislava – Nové Mesto, 83102, Slovak republic..
4.1.8. If buyer withdraws from the contract legitimately, the operator will, without unnecessary delay, no later than 14 days after the termination of the purchase agreement, return all funds including the cost of delivery of goods in amounts corresponding to the cheapest your method of delivery, in substantially the same manner, as adopted. Seller refunds the funds received in other way, unless the consumer has agreed and, as does not result in additional costs.
4.1.9. If the consumer withdraws from the purchase agreement, the operator is not obliged to return the funds received to the consumer before the consumer goods are returned back to him or demonstrated that the goods are sent to the operator.
4.1.10. If the consumer withdraws from the contract legally, could to use the label “return delivery” and thus not to pay postage. If the consumer has delivered the goods personally, it is not for compensation. If the consumer returns the goods of one order in several shipments, he is entitled to use one label, or is entitled to a refund of postage only once.
4.1.11. If the consumer withdraws from the purchase contract without a reason, and still sends the goods to the operator, not the goods received, or will be at the expense of consumers sent back.
4.2 Withdrawal from the contract by the operator
4.2.1. If the situation that The operator will not be able to deliver the goods ordered on the agreed terms in the contract, respectively it will be unable for reasons not on his side to deliver the goods at all happens, the operator therefore reserves the right in such cases to withdraw from the contract.
4.2.2. The operator has the right to withdraw from the contract also if the supplier of the ordered goods to the seller significantly changed prices, following significant changes in the price of goods transport, or if it finds an operator that the goods have been mistakenly offered for defective price, and the buyer did not accept the corresponding change in the sales contract, meaning increase in prices of goods and an increase in transport costs.
4.2.3. The buyer acknowledges that the seller has no obligation to the buyer to close a purchase contract.
4.2.4. If the operator withdraws from the contract, he will immediately inform the buyer’s electronic address specified by the buyer in creating order. He is also obliged to refund the buyer the full purchase price of the goods, unless it has already been paid.
5. Warranty conditions
Warranty terms for goods are governed by the Complaints Procedure seller and applicable law.
6.1. Seller notifies the buyer that, in the meaning of § 10 para. 3 point. b) Law no. 122/2013 Coll. personal data protection, seller as the operator is in the process of creating the purchase agreement will process personal data of the buyer without his permission, since the processing of personal data of the buyer will be implemented by the seller in pre-contractual relations with buyers and processing of personal data of the buyer is necessary for the performance of the purchase agreement, where the buyer acts as one of the parties. The operator is registered with the Office for Personal Data Protection.
6.2 The Parties agree that the buyer in case the consumer is obliged to notify the Seller in the order of their name, permanent address, including ZIP code, telephone number and email address. The Parties agree that when the buyer is an entrepreneur is obliged to notify the Seller in the order its name, address, including zip code, identification number, telephone number and email address.
6.3 Buyers can select the checkbox before sending their orders to approval according to § 11 paragraph. 1 of the Law on Personal Data Protection to the seller and keep the processed personal data, especially those mentioned above, and / or which are necessary for the seller regarding the transmission of information about new products, discounts and promotions to the goods and process them in all its information systems related to the transmission of information about new products, discounts and promotions to the goods. The buyer gives the seller the agreement for a fixed term to fulfill the purpose of processing personal data of the buyer. The seller after the fulfillment of the purpose of processing will immediately confirm the destruction of personal data of the buyer. Approval of personal data collection, the buyer can withdraw at any time, via writing form. The permission will expire within one month from receipt of the request consent of the buyer to the seller.
6.4 Buyer acknowledges that it is required to include his personal data correctly and truthfully, and that it is obliged to immediately inform the seller about changing his personal data.
6.5 Processing of personal data of the buyer, the seller may assign a third party as a processor.
6.6 Personal data will be processed open-endedly electronically by automated manner or in printed form by non-automated manner.
6.7 In the event that the buyer considered that the seller or processor uses the processing of his personal data in a manner that is conflicting to the law, may:
- ask the vendor or processor for an explanation.
- ask the seller or processor to switch the resulting state.
6.8 If the buyer requests for information regarding the processing of personal data, the seller is obliged to provide such information.
6.9 The buyer is familiar with saving cookies on his computer. By setting your Web browser, the buyer can manually delete individual cookies, block or completely banned. Individual cookies can also block or allow only for specific sites.
7. Final terms
7.1. The language of communication between the operator and the buyer and the sales contract language is English language. Closed sales contracts are archived by operator in an electronic form and not accessible to others.
7.2 In the case that certain conditions of these terms and conditions have been for any reason invalid or ineffective, this fact does not cause invalidity or ineffectiveness of the rest of the conditions or the purchase contract.
7.3. The wording of these terms and conditions may be modified by the operator. Modified terms and conditions will be active upon their publication. The rights and obligations of the operator and the buyer arising prior to the current date of the new version of trading conditions are not affected by the change.
7.4 If the purchase relationship includes international (foreign) element, then the Parties negotiate that the purchase relationship as well as any possible disputes arising from it are governed by Slovak law.
The Parties agree that any disputes between the operator and the buyer is given jurisdiction to the courts of the Slovak Republic. Any disputes between operators and consumers can be addressed also out of court. The operator advised the buyer first to use electronic address firstname.lastname@example.org for resolving of the situation rather than the post-court dispute resolution.
1.1. Online store at https://www.slovakstartup.com (the “shop”) is operated by Slovak STARTUP, o.z., registered at 14th/A Sliačska st., Bratislava – Nové Mesto, 83102, Slovak republic, ID: 50 158 597 (next as “Operator” or “Seller”), Bank: Tatra bank, no. account: SK0311000000002949020058.
1.2 Seller issues the return policy document in accordance with the relevant requirements of Law no. 250/2007 Coll. consumer protection and on modifying Act of the Slovak National Council. 372/1990 Coll. on felonies, modified (also referred as “Consumer Protection Act”), Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services by the distance contract or contracts concluded away from business locations of the seller (also referred as the “Law on consumer protection in the sale of goods under a contract concluded at a distance”), the seller informs consumers about the conditions for complaints about application procedures and the handling of complaints, complaints and suggestions from consumers, including information where can claim the complaints
1.3 The complaint procedure, including any warranty, does not apply to goods respectively claims arising from defects in goods that were purchased at the online store any person who, for the purposes of the Law on Consumer Protection respectively. for the purposes of the Law on consumer protection in the sale of goods under a contract concluded at a distance, to buyer who is not a consumer.
2. Responsibility for defects of sold goods
2.1. The rights and obligations of the parties concerning the rights of consumers from defective performance and liability of the seller for defects of sold goods will be administered by the requirements of § 619 et seq. Civil Code, as well as relevant requirements of the Consumer Protection Act.
2.2 The seller is responsible for defects of the sold goods during its delivery to consumers. If the object of the purchase contract is second-hand goods, the seller is not liable for defects arising from the use or wear. For goods sold at a lower price, the seller is not liable for defects for which was negotiated a lower price. Seller will not be liable for defects in the goods for which the consumer was noticed when purchased the goods.
3. Warranty Period
3.1. The supply of goods is provided warranty period of 24 months to the consumer.
3.2 If the object of the purchase contract is second-hand goods, the seller and the consumer may agree on a shorter warranty period, but not less than 12 months.
3.3 The warranty period starts from the receipt of things by consumers. The rights from responsibility for defects in the goods, for which the warranty period is set, will not apply if not claim within the warranty period.
4. Consumer rights from responsibility for defects in the goods
4.1. A defect of the goods will not change the quylity of the goods, which arose during the warranty period (s) as a result of wear and tear, misuse, inadequate or inappropriate treatment, (ii) as a result of natural changes in the materials from which the goods are manufactured, (iii) a result of any damage to the consumer or a third party or other improper interference.
4.2 If the consumer claims his goods in connection with a removable defect, the consumer is entitled to:
- free, timely and orderly removal of claimed defects.
- replacement of the goods or parts of goods by the seller if not incur unreasonable costs relative to the price of goods,
- exchange of goods, if the consumer is the repeated occurrence of a defect after repair or due to a greater number of defects in the goods which cannot be used properly.
4.3 If the consumer claims his goods in connection with irremovable defect that prevents the goods to be properly used as a commodity without defect, the consumer is entitled to:
- exchange of goods,
- withdrawal from the purchase contract.
4.4 If the consumer claims his purchased goods in connection with another non-removable defect as mentioned in the previous paragraph (e.g. In connection with irremovable defect, that does not prevent the goods to be properly used as goods without defects), the consumer is entitled to a reasonable discount.
4.5 The consumer is allowed to receive a compensation of necessary costs to him earned in the application of rights from responsibility of the defects.
5. Procedure for the application of responsibility for defects in the goods – claim
5.1 Defects in the consumer goods must apply to the Seller without any delay after the defect results found.
5.2 Rights arising from responsibility for defects in the goods consumer applies at the seller
- Online via email@example.com;
- mail together with a copy of the invoice and the reason for the complaint sent to the following address: Slovak STARTUP, o.z., 14th/A Sliačska st., Bratislava – Nové Mesto, 83102, Slovak republic. The seller recommends to the consumer to prove the proof of sending the shipment in case of loss during the process of sending the defective goods to the seller at least as registered mail.
The moment of the application for defects in the goods (known as a complaint) is considered as the date of delivery of the claimed goods, together with all the law required documents and accessories to the seller.
5.3 All products purchased from the seller’s store include proof of purchase of goods, which serves as proof of warranty. Claim is possible only for goods purchased from the seller, which is fully paid.
5.4 For proper and timely process of the claim, the seller recommends to the consumer, the consumer described the defect in the most accurately way for which the goods are claiming, while the seller is obliged to deal with only defective goods, which was claimed by the consumer.
5.5 In application of responsibility for the defects in the goods, the consumer is obliged to prove that the claimed goods are purchased from the seller. Seller recommended for this purpose to present certain proof of purchase.
5.6 If the consumer files a complaint, the seller or the authorized employee is obliged to inform the consumer of his rights under the claims of liability for defects in the goods within the warranty period under the Civil Code and the decision which of the rights of the consumer exercises, identify the seller or the authorized employee way to handle it immediately, in complicated cases within 3 (three) working days from the date of the claim, in appropriate cases, especially if it requires complex technical control of the condition of the goods, within 30 days from the date of the claim was claimed. After choosing the method of complaint, the complaint is handled immediately, in appropriate cases a complaint can be handled longer. Complaint will not take longer than 30 days from the date of the claim. After the deadline for settlement of the claim, the consumers right is to withdraw from the purchase contract or the right to exchange the goods for new goods.
5.7 Complaint is done and finished when complaint procedure offers (i) the transfer of the repaired goods, (ii) the exchange of goods, (iii) refund the purchase price, (iv) payment of a reasonable discount from the price of goods, (v) the reject reasons.
5.8 Seller will issue the application of the claims to the consumer as an acknowledgment of the claim. If the claim is handled by distance communication, the seller is required to confirm the application of the complaint delivered immediately; if you cannot deliver confirmation immediately, the seller will deliver it without delay, at the latest, along with proof of settlement of the claim. Confirmation of submission of a complaint may not be delivered if the consumer has the opportunity to demonstrate a complaint in another way. Response of receipt of complaint will include identification of the seller and the consumer, which is the content of the complaint by the consumer, what is the manner of complaint, the date and place of receipt of the complaint and signature of the seller.
6. Procedure for settlement of the claim
6.1. If the consumer complaint of his product applied during the first 12 months of the purchase contract, the seller may settle the complaint rejected only on the basis of a written statement of an expert or opinion issued by authorized, notified or accredited person or opinion of the person authorized by the manufacturer to perform warranty repairs (also referred to as an “expert assessment”). Whatever the outcome of professional judgment is, the buyer cannot demand the return of costs for the expert assessment of goods from the consumer or other costs related to expert assessment of goods.
6.2 The seller will provide for the consumer with a copy expert judgment to justify rejection of the complaint within 14 days from the date of complaint.
6.3 If the consumer complaint of his goods applied after 12 months from the purchase contract and the seller rejected it, the person who has initiate the complaint, is mandatory to indicate in proof of a complaint to whom buyer can send the complained goods for the expert assessment. If consumer goods are sent to the expertise of the designated person mentioned in the document on settlement of the claim, the cost of expert reports on goods, as well as all other related expenses reasonably incurred will be accepted by the seller regardless of the outcome of professional judgment. If a consumer expert assessment shows the seller’s responsibility for the claimed defect goods can be claimed again; during the conduct of the technical assessment of the product, warranty period will be suspended. The seller is obliged to refund the consumer within 14 days from the date a claim over all costs for expert assessment of goods, as well as all related costs reasonably incurred. Re-filed complaint cannot be rejected.
6.4 The fact that the claim was done and how, the seller is obliged to inform the consumer, at the electronic address specified in the complaint, or through other contact information, according to which it will be possible to alert consumers to the complaint. The seller in this notice will indicate the deadline for picking up the goods claimed. The seller is responsible for a settlement of the claim in a written document within 30 days from the date of the claim.
6.5 If a consumer fails to collect the claimed goods within the period prescribed by the seller, the seller is entitled to charge a reasonable storage or goods to sell yourself to the account of the consumer. About this process, the seller must notify the Consumer in advance and provide it with adequate sufficient time for delivery.
7. Final terms
7.1. This Complaints Procedure is an integral part of the business conditions of the seller, which is in accordance with § 18 paragraph. 1 of the Law on consumer protection is placed in a visible place accessible to the consumer, as well as on the website of an online store.
7.2. The wording of these terms and conditions may be modified by the operator. Modified terms and conditions will be active upon their publication. The rights and obligations of the operator and the buyer arising prior to the current date of the new version of trading conditions are not affected by the change.