TERMS AND CONDITIONS




1. General provisions

2. Method of concluding a sales contract

3. Rights and obligations of the seller

4. Rights and obligations of the buyer

5. Delivery and payment terms

6. Purchase price

7. Acquisition of ownership and passage of risk of damage to Goods

8. Complaint procedure (warranty, liability for defects, claims)

9. Personal data and their protection

10. Withdrawal from the sales contract

11. Final provisions

12. Alternative dispute resolution



1. General provisions

The following terms and conditions of sale and wararnty govern the rights and obligations of the parties arising from the purchase contract concluded between the seller: Norbert Farkaš - parfemy-odstreky.sk, Business ID: 52209318, 15, 04402 Žarnov (hereinafter referred to as "the seller") and the buyer. The subject of this contract is the purchase and sale of goods on the seller's e-commerce website. Seller contact details:

Norbert Farkaš - parfemy-odstreky.sk, Business ID: 52209318, 15, 04402 Žarnov

Tax ID: 1124963972

Store: 15, 04402 Žarnov

Phone: +421 910 110380

E-mail: parfemyodstreky@gmail.com

Supervisory authority:

Slovak trade inspection (STI)

STI Inspectorate for Košice region
Vrátna 3, P. O. BOX A-35, 040 65 Košice 1
Supervision department
phone no. 055/729 07 05, 055/622 76 55
fax no. 055/622 46 95

https://www.soi.sk

https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

1.1. These terms and conditions of sale and warranty, valid as of the date of conclusion of the sales contract, form an integral part of the sales contract. In the event of the conclusion of a sales contract in written form, in which the terms and conditions differ from these terms and conditions of sale and warranty, the provisions of the sales contract shall be preferred to these terms and conditions of sale and warranty. Newly agreed terms and conditions may not conflict with other legal regulations (shortening the time limit for returning the goods, warranty period, etc.)

1.2. For the purposes of these terms and conditions of sale and warranty, an ancillary contract is a contract whereby the buyer acquires the goods or is provided with a service related to the subject matter of the sales contract, if the goods or services are supplied by the seller or a third party under their agreement.

1.3. The displayed purchase price for the goods on any e-commerce website, which is operated by the seller, also includes the value added tax in the stipulated amount according to the valid legal regulation of the Slovak Republic. It does not include the cost of transporting goods or other optional services. All sales and other discounts are valid until the stocks are exhausted, unless otherwise specified for the given goods.

1.4. The seller's right is at any time to modify the sales price of the goods listed on the e-commerce website in the seller's operation. Such a change does not apply to purchase contracts concluded before the change of price, irrespective of the fact that the goods have not yet been delivered.

2. Method of concluding a sales contract

2.1. The purchase contract is concluded on the basis of a proposal sent by the buyer to the seller in the form of a completed and sent form via the seller's website to whom they have sent a proposal for its conclusion. The subject of the contract is the transfer of the ownership right to the goods marked by the buyer for the purchase price and under the conditions specified in this order (hereinafter referred to as the "order").

2.2. After sending the order, an automatically generated order receipt message will be sent to the email address of the seller's electronic system (hereinafter "order delivery confirmation"). If necessary, it is possible that all additional information regarding their order may be sent to the buyer's email address.

2.3. The order delivery confirmation contains information that the seller has received an order which is however not an acceptance of the proposal to conclude the sales contract.

2.4. Subsequently, information will be sent to the buyer's e-mail address, which contains a notification of whether the buyer's order has been accepted (hereinafter "order acceptance"). The content of the order acceptance is the name and specification of the goods the sale of which is the subject of the sales contract, the price of the goods and/or other services, the datum of the probable delivery time of the goods, the name and details of the place where the goods are to be delivered and the conditions, method, price and delivery date of the goods to the agreed place of delivery for the buyer, as well as the seller's details such as business name, registered office, business ID and the like. The notification may also contain other necessary information.

2.5. The conclusion of the sales contract occurs upon delivery of the order acceptance in electronic or written form.

2.6. The seller informed the buyer in a clear, unambiguous, comprehensible and unmistakable manner, before sending their order, about the pre-contractual information regarding the complaint, payment, business, shipping and other conditions by:

a) about the main features of the goods or the nature of the service, to the extent appropriate to the means of communication and goods or service used, informed on the seller's relevant e-shop catalog page,

b) about the business name and registered office of the seller informed on the relevant sub-page of the e-shop of the seller and in art. 1 of these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

c) about the seller's telephone number and other information important for the buyer's contact with the seller, in particular his e-mail address and fax number, if he has them, informed on the seller's relevant e-shop sub-page and in art. 1 of these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

d) about the address of the seller, on which the buyer may submit a complaint for goods or services, lodge a complaint or other complaint in art. 1 of these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

e) about the total price of the goods or service, including value added tax and all other taxes, or where, given the nature of the goods or service, the price cannot be accordingly predetermined, the way in which it is calculated and the transport, delivery, postage and other costs and charges , or, if such costs and fees cannot be determined in advance by the fact that the buyer will be obliged to pay them, informed on the seller's relevant e-shop catalog page,

f) about payment terms, delivery terms, the period within which the seller undertakes to deliver the goods or provide the service, informed about the information on procedures for the application and handling of claims, complaints and suggestions of the buyer in the relevant articles of these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

g) about information on the right of the buyer to withdraw from the sales contract, the conditions, time limit and procedure for exercising the right of withdrawal informed in art. 10 of these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

h) about the provision of a form for withdrawal from the sales contract informed in art. 10 and in the attachment of these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page; at the same time, the seller provided the form for withdrawal from the sales contract in the attachment to these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

i) about information that if the buyer withdraws from the sales contract, they will bear the costs associated with returning the goods to the seller pursuant to § 10 par. 3 of Act no. 102/2014 Coll. on consumer protection when selling goods or services on the basis of a distance contract or contract concluded outside the premises of the seller and on amending certain acts (hereinafter referred to as the "Consumer protection act for distance selling"), and if they withdraw from the sales contract, also the cost of returning the goods, which, by their nature, cannot be returned via post, informed in art. 10 of these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

j) about the buyer's obligation to pay the seller the price for the fulfillment actually provided pursuant to § 10 par. 5 of the consumer protection act for distance selling, if the buyer withdraws from the service contract after giving the seller explicit consent under § 4 par. 6 of the Consumer protection act for distance selling, art. 10 of these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

k) about the circumstances in which the buyer loses the right to withdraw from the contract in art. 10 of these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

l) about the seller's liability for defects in goods or services under prov. § 622 and 623 of the Civil code in art. 8 of these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

m) about the existence and details of the guarantee provided by the manufacturer or the seller under more stringent principles than those laid down in prov. § 502 of the Civil cFode, if provided by the manufacturer or seller, as well as information on the existence and conditions of assistance and services provided to the buyer after the sale of goods or services, if such assistance is provided, informed on the seller's relevant e-shop catalog page and art. 9 of these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

n) about the existence of relevant codes of conduct that the seller has committed to comply with, and on the manner in which the buyer can get acquainted with them or obtain their wording, informed on the seller's relevant e-shop catalog page,

o about the duration of the contract in the case of a fixed-term contract; in the case of a contract concluded for indefinite duration, or in the case of a contract for which its validity is automatically extended, also the information on the terms and conditions of the termination of the contract was provided, informed on the seller's relevant e-shop catalog page and in these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

p) about the minimum duration of the buyer's obligations arising from the sales contract, if the sales contract implies such a commitment to the buyer, informed on the seller's relevant e-shop catalog page and in these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

q) about the buyer's obligation to pay the advance or to provide other financial security at the seller's request and on the terms and conditions that apply to it if the sales contract implies such a commitment to the buyer, informed on the seller's relevant e-shop catalog page and in these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

r) about functionality, including applicable technical safeguards to secure electronic content, if applicable, informed on the seller's relevant e-shop catalog page and in these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

s) about the compatibility of the electronic content with the hardware and software that the seller knows or is reasonable to expect he does, if appropriate, informed on the seller's relevant e-shop catalog page and in these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

t) about the possibility and conditions of extrajudicial dispute settlement through an alternative dispute settlement system, if the seller has undertaken to use the system, informed on the seller's relevant e-shop catalog page and in these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

u) about the necessary acts to conclude the sales contract by describing these necessary acts in these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

v) about the sales contract being stored in electronic form with the seller and is available to the buyer after the buyer has requested it in writing, informed on the seller's relevant e-shop catalog page and in these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page,

about the language being offered for the conclusion of the contract is the Slovak language, informed on the seller's relevant e-shop catalog page and in these terms and conditions of sale and warranty, which are located on the seller's relevant e-shop sub-page.

2.7. If the seller has not complied with his information obligation under point 2.6. letter e) of these terms and conditions of sale and warranty, the buyer is not obliged to pay these additional costs or fees.

3. Rights and obligations of the seller

3.1. Seller is required:

a) in case of confirmation of an order in the form of acceptance, the seller is obliged to deliver the goods to the buyer in the agreed quantity, time, quality and to wrap it and to ensure transport in the manner necessary for its preservation and protection,

b) to ensure that the delivered goods complied with the applicable legislation of the Slovak Republic,

c) to send a confirmation of the conclusion of the sales contract on a durable medium, such as via e-mail. He shall send the certificate without delay and it must contain all the information referred to in 2.6. including the form for withdrawal from sales contract.

d) at the latest, together with the goods, hand over to the buyer in electronic or written form all necessary documents for taking over and using the purchased goods, as well as other documents requisited by valid legal regulations of the Slovak Republic such as instructions in Slovak language, delivery note, warranty statement and tax document.

3.2. The seller is entitled to a proper and timely payment of the purchase price by the buyer for the goods delivered.

3.3 In the event of unavailability of goods or exhausted stocks, the seller is not able to deliver the goods to the buyer within the period agreed in the sales contract, determined by these terms and conditions of sale and warranty or at the agreed purchase price, the obligation of seller is to offer the buyer a facultative compensation, alternatively the option of terminating the sales contract (order cancellation). Terminating the sales contract or cancellation of the order is possible by sending an e-mail to the buyers. In case of payment of the purchase price by the buyer or its part, it is the seller's obligation to refund the already paid purchase price or its part within 14 days from the date of delivery of the e-mail with termination of the sales contract or cancellation of the order by the buyer to the account specified by him, unless the parties agree otherwise. If no facultative compensation offered by the seller is accepted by the buyer nor do they terminate the sales contract, the seller is entitled to terminate the sales contract. In case of payment of the purchase price by the buyer or its part, the seller is obliged to refund the already paid purchase price or its part within 14 days from the date of delivery of the termination of the sales contract, to the buyer.

4. Rights and obligations of the buyer

4.1. The seller informed the buyer of the obligation to pay the purchase price. This obligation is a part of the order.

4.2. Buyer's rights: Buyer has the right for delivery of the goods in quantity, quality, time and place agreed on by the parties.

4.3. Buyer's obligations:

a) to pay the agreed purchase price to the seller within the agreed maturity period, including the cost of delivery of the ordered goods,

b) to take the goods that have been ordered and shipped,

c) in the delivery note to confirm delivery of the goods by his signature or by the signature of the person authorized by them.

5. Delivery and payment terms

5.1. For each one of the goods on the e-shop website, the usual availability of the goods with the date of its dispatch is given.

5.2. The seller is obliged to deliver the item to the buyer without delay, no later than 30 days from the date of conclusion of the sales contract, unless otherwise agreed in the sales contract. If the seller has not fulfilled this obligation, the buyer may bid the seller to deliver the matter within a reasonable additional period of time specified by the buyer. If the case is not delivered within this additional reasonable period, the buyer is entitled to terminate the contract.

5.3. The seller is entitled to ask the buyer to take over the goods even before the expiry of time limit for delivery of goods agreed in the sales contract.

5.4. The display of goods on any e-shop website operated by the seller is not merely illustrative. The dimensions, weight and other information about the goods contained in the catalogs, brochures and other documents of the seller located on the seller's e-shop website are stated by the manufacturer and may differ by +- 1% from the reported value.

5.5. The buyer is obliged to take over the goods at the agreed place, according to the sales contract or in any other way before the delivery of the goods (hereinafter referred to as the "place"). The buyer is obliged to take over the goods within the time period that the seller or its agent authorized to deliver the goods and the buyer agreed upon in the sales contract or in any other manner prior to the delivery of the goods (hereinafter referred to as "Time range").

5.6. If the seller delivers the goods to the buyer in place and in time, it is the buyer's responsibility to take over the goods in person or arrange the takeover of the goods by a person authorized by the buyer. The buyer is obliged to sign the payment of purchase price, delivery and handover protocol. The obligation of the third party authorized to take over the goods is to submit to the seller a copy of the acceptance of the order. The moment the goods are delivered to the buyer, the goods are deemed delivered. The delivery of the goods to the buyer is understood to be the delivery of the goods to the Place, its acceptance by the buyer or a third party authorized by the buyer and the signing of the payment of purchase price, delivery and handover protocol by the buyer or third party authorized by the buyer.

5.7. If it is necessary to repeat the delivery of the goods due to the Buyer's absence on the place and in time or if the buyer does not take over the goods within 7 days after the expiry of the time period without prior written termination of the sales contract, the seller is entitled to claim compensation in the amount of the actual costs of the suffered damage for attempting a failed delivery of goods to the place.

5.8. It is the buyer's responsibility to check the received shipment, the packaging of the goods and the goods immediately after delivery in the presence of the seller's representative, for example a courier. If a defect of the goods is found, it is the duty of the seller's representative to allow the buyer to make a record of the nature and extent of the defect of the goods, the seller's representative will confirm the accuracy. With such a record, delivered to the seller, the buyer may refuse to accept the delivered goods with a defect or to confirm the delivery of the goods with a defect and subsequently in accordance with art. 8 of these terms and conditions of sale and warranty to apply a warranty for defects of goods at the seller or a person designated by him. If the buyer refuses to accept the delivered goods with defects, all the purposefully suffered costs of returning the goods to the seller shall be borne by the seller.

5.9. In case of non-delivery of goods by the seller, the buyer is entitled within the period specified in point 5.2. of these terms and conditions to withdraw from the sales contract and the seller is obliged to refund the buyer the already paid purchase price or its part within 14 days from the moment of delivery of the withdrawal from the sales contract. The funds will be transferred to a bank account specified by the buyer.

6. Purchase price

6.1. The purchase price for the goods agreed in the sales agreement between the buyer and the seller is stated in the order acceptance (hereinafter referred to as the "purchase price"). If the purchase price stated in the order delivery receipt is higher than the price for identical goods listed in the e-commerce offer at the time the order was sent by the buyer, the seller will deliver to the buyer an electronic message informing about the new purchase price being offered at another sum, which is considered to be the seller's proposal to conclude a new purchase contract, which the buyer must expressly confirm by e-mail or in writing, in order to conclude a valid sales contract.

6.2. The buyer is obliged to pay the seller the purchase price, including the cost of delivery of the goods in cash, alternatively by credit card, PayPal, cash on delivery at the place of delivery of goods or by credit transfer to the account of the seller, stated in the acceptance of the order or on the website of the seller in period before the takeover of goods.

6.3. When paying the purchase price by credit transfer to the seller's account, it is considered the date of payment when the entire purchase price was credited to the seller.

6.4. It is the buyer's obligation to pay the seller the purchase price for the agreed goods within the period specified in the sales contract, but no later than when the goods are taken over.

6.5. The seller is entitled to deny the delivery of the goods to the buyer if the buyer does not pay the seller the full purchase price until the moment of delivery of the goods to the Place and the parties had not agreed to pay the purchase price for the goods in installments.

6.6. Assembly, delivery and related costs are not included in the purchase price and the seller is not obliged to provide the buyer with these services.

7. Acquisition of ownership and passage of risk of damage to Goods

7.1. The proprietary title to the goods is acquired by the buyer only after full payment of the purchase price for the goods.

7.2. The moment of receipt of the goods by the buyer or a third party authorized by the buyer from the seller or from his agent authorized to deliver the goods or when he fails to do so in time when the seller allows the buyer to handle the goods and the buyer does not take over the goods passes the risk of damage to the goods on them.

8. Complaint procedure (warranty, liability for defects, claims)

8.1. The buyer has the right to have the defects removed free of charge in a timely and proper manner with regard to the defect of the goods that can be removed. The seller is obliged to remove the defect without undue delay.

8.2. Instead of removing the defect, the buyer may require replacement of the goods or, if the defect relates only to a certain part of the goods, the replacement of this component, unless the seller suffers unreasonable costs with respect to the price of the goods or the seriousness of the defect.

8.3. Seller can replace defective goods with non-defective goods always, unless it causes serious difficulties to the buyer.

8.4. If there is a defect of goods that cannot be removed and which prevents goods from being properly used as a non-defective item, the buyer has the right to exchange the goods or has the right to withdraw from the sales contract. The same rights belong to the buyer if it is a removable defect, however, if the buyer cannot properly use the goods for recurrence of the defect after repair or for a greater number of defects.

8.5. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the goods.

8.6. The seller instructed the buyer about their rights under the prov. § 622 of the Civil code (points 8.1. to 8.3. of these terms and conditions of sale and warranty) and the rights arising from prov. § 623 of the Civil code (points 8.4 to 8.5 of these terms and conditions of sale and warranty) by placing these terms and conditions of sale and warranty on the seller's relevant e-shop sub-page and the buyer was able to read them before sending the order.

8.7. The buyer is obliged to file a claim with the seller or the designated person. The seller is responsible for defects in the goods in accordance with the applicable legislation of the Slovak Republic. Information about service centres and designated persons for warranty and post-warranty service will be provided by the seller to the buyer on the back of the warranty card or by phone or email upon request.

8.8. The handling of procedures is governed by the valid complaint procedure of the seller, i.e. art. 8. of these terms and conditions of sale and warranty. The buyer was duly informed about the complaint procedure and informed about the terms and conditions of the complaint, including information on where the complaint can be made, and on the performance of warranty repairs in accordance with the prov. § 18 par. 1 of act no. 250/2007 Z. z. on Consumer protection and on the amendment of the act of the Slovak national council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Act") in period before the conclusion of the sales contract by placing these terms and conditions of sale and warranty on the seller's relevant e-shop sub-page and the buyer was able to read them before sending the order.

8.9. The goods purchased by the buyer from the seller in the form of e-shop on the seller's e-shop website are subject to the complaint procedure.

8.10. If the goods are defective, for which the manufacturer, the supplier or the seller are liable, the warranty applies on them and has been purchased from the seller, the buyer has the right to claim liability for defects with the seller.

8.11. If the goods show defects, the buyer has the right to file a complaint in the seller's premises in accordance with prov. § 18 par. 2 of the Act by delivering the goods to the seller's premises and delivering to the seller a manifestation of the buyer's will to exercise their right under points 8.1. to 8.5. of these terms and conditions of sale and warranty (hereinafter referred to as the "Warranty claim notice") in the form of a completed warranty claim form, which is located on the seller's relevant e-shop sub-page. The seller recommends to insure the goods when sending them for warrany claim. Cash on delivery items are not accepted by the seller. The buyer is obliged to provide all the required information in the Warranty claim notice, in particular to specify the type and extent of the defect of the goods; the buyer shall also state which of its rights under the prov. § 622 and 633 of the Civil code they apply. The buyer has the right to claim warranty also with the person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as "designated person"). The list of designated persons is specified in the warranty card or sent to the buyer at their request by the seller.

8.12. Complaint procedure for goods that can be delivered to the seller begins on the day when all of the following conditions are met cumulatively:

a) delivery of a warranty claim notice of the buyer to the seller

b) delivery of the claimed goods from the buyer to the seller or to a designated person

c) delivery of access codes, passwords and the like to the claimed goods to the seller if these data are necessary for the proper handling of the warranty claim

8.13. If the subject of the complaint are goods that cannot be objectively delivered to the seller or which is firmly installed, the buyer is, in addition to meeting the conditions under points 8.12. letters a) and c) of these terms and conditions of sale and warranty, obliged to provide all necessary co-operation to perform the inspection of the claimed goods by the seller or a third party designated by the seller. Complaint procedure concerning goods that cannot be objectively delivered to the seller or which is firmly installed begins on the day the goods were inspected under the first sentence. However, if the seller or a third party designated by the seller, despite the necessary co-operation provided by the buyer, does not perform the inspection within a reasonable time, but no later than within 10 days of receiving the Warranty claim notice, the complaint procedure commences on the day of delivery of the Warranty claim notice to the seller.

8.14. The seller or the designated person shall issue to the buyer a confirmation of the claim of the goods in a suitable form chosen by the seller, eg. in the form of an e-mail or in written form, in which he is obliged to precisely indicate the defects of the goods claimed and once again instruct the consumer on their rights under points 8.1. to 8.3. of these terms and conditions of sale and warranty (prov. § 622 of the Civil code) and the rights arising from it under points 8.4. to 8.5. of these terms and conditions of sale and warranty (prov. § 623 of the Civil code). If the warranty claim is made by means of long-distance communication, the seller is obliged to deliver the confirmation of application of the claim to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest along with the document of handling the claim; the confirmation of application of the claim must not be delivered if the buyer has the opportunity to prove the warranty claim in another way.

8.15. The buyer is entitled to decide which of their rights within the meaning of prov. § 622 a prov. § 623 of the Civil code they apply and at the same time is obliged to immediately inform the seller about their decision. Based on the decision of the buyer, which of their rights under the prov. § 622 a prov. § 623 of the Civil code they apply, the seller or the designated person is obliged to determine the manner of handling the complaint pursuant to prov. § 2 lett. m) of the Act immediately, in more complicated cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if complicated technical evaluation of the condition of the goods is required within 30 days from the date of application of the warranty claim. After determining the way of handling the complaint, the seller or the designated person will process the complaint immediately, in justified cases the complaint may be settled later. However, handling the claim may not take more than 30 days from the date of application of the warranty claim. After the expiry of the claim settlement period, the consumer has the right to withdraw from the sales contract or has the right to exchange goods for new goods.

8.16. If the buyer has claimed the warranty for goods during the first 12 months after the conclusion of the sales contract, the seller may settle the claim by refusal only on the basis of an expert's opinion or an opinion issued by an authorized, notified or accredited person or a designated person's standpoint (hereinafter referred to as "expert assessment of goods"). Regardless of the outcome of the expert assessment, the seller may not require the buyer to pay for the costs of expert assessment of the goods or other costs associated with the professional assessment of the goods.

8.17. If the buyer applied a warranty claim for the product after 12 months from the conclusion of the sales contract and the seller rejected it, the person who handled the claim is obliged to state in the document of the claim to whom the buyer can send the goods for professional assessment. If the buyer sends the goods for expert assessment to the designated person specified in the complaint document, the costs of the expert assessment of the goods, as well as all other related costs, are borne by the seller regardless of the result of the expert assessment. If the buyer proves the seller's liability for the claimed defect of the goods by a professional assessment, they may reclaim the warranty claim; the warranty period does not occur during the performance of the professional assessment of the goods. The seller is obliged to pay to the buyer within 14 days from the date of the reapplied claim all costs incurred for the professional assessment of the goods, as well as all related costs. A reclaimed claim cannot be rejected.

8.18. The buyer is not entitled to exercise the right of liability for defects about which they have been warned about by seller at the time of conclusion of the contract, or about which, having regard to the circumstances in which the contract was concluded, had to know.

8.19. Seller reserves the right to replace defective goods with other impeccable goods with the same or better technical parameters if it does not cause serious difficulties to the buyer.

8.20. The seller is not responsible for defects of the goods:

a) if it is an obvious defect which the buyer could detect by checking the shipment on delivery of the goods and which they did not notify the agent of the seller in accordance with point 5.8. of these terms and conditions of sale and warranty,

b) if the buyer has not exercised their right regarding the seller's liability for the defect of the goods until the end of the warranty period,

c) if the goods are defective by mechanical damage to the goods caused by the buyer,

d) if the defect of the goods is caused by the use of the goods in conditions which do not correspond to the natural environment of the goods due to their intensity, humidity, chemical and mechanical influences,

e) if the defect of the goods was caused by unprofessional handling, servicing or neglect of the care of the goods,

f) if the defect of the goods was caused by damage to the goods by excessive load or use contrary to the conditions specified in the documentation or the general principles of normal use of the goods,

g) if the defect of the goods is caused by damage to the goods by unavoidable and/or unpredictable events,

h) if the defect of the goods was caused by damage to the goods by accidental damage and accidental deterioration,

i) if the defect is caused by unprofessional interference, water damage, fire, static or atmospheric electricity or other force majeure,

j) if the defect of the goods was caused by interference with the goods by an unauthorized person.

8.21. It is the seller's responsibility to handle the complaint and to end the complaint procedure in one of the following ways:

a) by exchange of goods,

b) by refund of the purchase price of the goods,

c) by delivering the repaired goods,

d) by paying of a reasonable discount on the price of the goods,

e) by written requisition for taking over settlement designated by the seller,

f) by justified refusal of warranty claim of the goods.

8.22. The seller is obliged to issue a written document about the method of determining the complaint handling and the complaint settlement no later than 30 days from the date of filing the claim personally, through the postal or courier or delivery service provider. The seller will inform the buyer of the result of the complaint settlement immediately after the complaint procedure has been completed by telephone or e-mail and at the same time, they will be together with the goods, or via e-mail delivered a complaint settlement document.

8.23. The warranty period is 24 months from the date of delivery of the goods, unless a specific warranty period is specified for specific cases. Sports nutrition products, food in gift baskets and animal foods have a date of minimum durability of more than 2 months prior to the expiry date, in case of shorter expiry date the seller contacts the buyer by phone or e-mail and the shipment is sent only with the buyer's consent.

8.24. In the case of warranty repair of the goods, the warranty period is extended by the time that the buyer could not use the goods.

8.25. In the case of replacement of goods for a new one, the warranty period begins again from the receipt of the new goods, but only for the new goods. In the case of replacement of the goods with a new one, the buyer will receive a document indicating the exchange of goods, and any other claims shall be made on the basis of the sales contract and this complaint document.

8.26In the case of a removable defect, the complaint will be handled according to the buyer's decision according to point 8.15. of these terms and conditions of sale and warranty as follows:

a) the seller exchanges the defected goods or

b) the seller will ensure the removal of the defect

8.27. In case of a removable defect, the buyer does not determine immediately according to point 8.15. of these terms and conditions of sale and warranty, how the complaint should be handled, the seller will settle the complaint by removing the defect.

8.28. In case of a defect that cannot be removed, or one or more times a repeated removable defect, or a greater number of various removable defects that prevent the goods from being used properly as without a defect, the seller will, depending on the buyer's decision according to point 8.15. of these terms and conditions of sale and warranty, settle the claim as follows:

a) by replacing goods for other functioning goods with the same or better technical parameters; or

b) in case that the seller is unable to exchange goods for another, he shall settle the claim by refunding the purchase price for the goods.

8.29. In the case of irremovable defects or repetitive removable defects, or in the case of a number of various removable defects, which prevent the goods from being used properly without defects and the buyer does not immediately determine according to paragraph 8.15. of these terms and conditions of sale and warranty, how the complaint should be settled, the seller will settle the complaint by replacing the goods for other functioning goods of the same or better technical parameters.

8.30Complaint handling applies only to defects specified in the Warranty claim notice and in the confirmation of application of the claim according to point 8.14. of these terms and conditions of sale and warranty.

8.31. For the purposes of the warranty claim, a repetitive removable defect is considered to be more than two times the occurrence of one removable defect.

8.32. For the purpose of warranty claim, the occurrence of more removable defects is considered to be the number greater than three different removable defects simultaneously.

8.33. The right of the buyer to claim a defect in the goods is after they have exercised their right and asked the seller to remove the defect of the goods under point 8.1. of these terms and conditions of sale and warranty consumed, and irrespective of the outcome of the claim, they are no longer entitled to claim warranty repeatedly for the same unique defect (not a defect of the same kind).

8.34. Provosions art. 8 of these terms and conditions of sale and warranty do not expressly apply to entities that do not meet the consumer's definition listed in prov. § 2 lett. a) Law 102/2014.

9. Personal data and their protection

9.1. The contracting parties have agreed that in the case buyer is a natural person, they are obliged to notify the seller in their order of their name, surname, permanent address including postal code, telephone number and e-mail address.

9.2. The contracting parties have agreed that in the case buyer is a legal person, they are obliged to notify the seller of their business name, registered office address, postal code, Business ID, telephone number and e-mail address.

9.3. The buyer can check and change the personal data provided at any time, as well as cancel their registration after logging in to the e-shop website under "XY (e.g. My Profile)".

9.4. The seller hereby informs the buyer that pursuant to act no. 18/2018 Coll. on the personal data protection and on amendments and supplements to certain acts, as amended (hereinafter referred to as the "APDP"), the seller, as the operator, will process the buyer's personal data without their consent as the person concerned, as the processing of the buyer's personal data will be performed by the seller in the pre-contractual relationship with the buyer and the processing of the buyer's personal data is necessary for the completion of the sales contract in which the buyer acts as one of the contracting parties.

9.5. By ticking the appropriate box before sending the order, the buyer may express their consent under APDP so that the seller will process and store their personal data, in particular those listed above and/or those necessary for the seller's activity in sending information about new products, discounts and the goods on offer and processed them in all of their information systems for sending information about new products and discounts on the goods offered.

9.6. The seller undertakes to handle and dispose of the buyer's personal data in accordance with applicable Slovak legislation.

9.7. Seller declares that in accordance with APDP personal data will be obtained solely for the purpose specified in these terms and conditions of sale and warranty.

9.8. The seller declares that, in accordance with APDP, they will obtain personal data for purposes other than those specified in these terms and conditions of sale and warranty separately, and will ensure that personal data is processed and used solely in a manner consistent with the purpose for which it was collected and not associated with personal data that had been collected for other purposes.

9.9. The Buyer grants consent to the seller under point 9.5. of these terms and conditions of sale and warranty for a fixed period until the completion of processing the personal data of the buyer. The seller shall ensure the immediate liquidation of the buyer's personal data upon completion of the processing purpose. The buyer may withdraw the consent to the processing of personal data at any time in written form. The consent shall expire within 1 month of receipt of the withdrawal of consent by the buyer.

9.10. Before sending the order, the buyer will be asked to check the box before sending the order to confirm that the seller has informed him in a sufficient, comprehensible and unmistakable manner:

a) their identification data listed in art. 1. of these terms and conditions of sale and warranty,

b) third party identification data, which is a company that delivers the ordered merchandise to the buyer so that this information is included in the acceptance,

c) the purpose of processing personal data, which is the conclusion of a sales contract between the seller and the buyer,

d) that they will process the buyer's personal data in the range name and surname, permanent address including postal code, phone number and e-mail address, if the buyer is a natural person and in the range business name, registered address including postal code, Business ID, phone number and email address if the buyer is a legal person,

e) that the buyer is mandatory to provide the required personal data,

9.11. The seller declares that they will process personal data in accordance with good morals and act in a manner that does not contradict or circumvent APDP or other generally binding legislation. The seller declares that the consent of the person concerned will not be enforced or conditioned by the threat of rejection of the contractual relationship, service, goods or obligation established by the seller.

9.12. The buyer has the right to request from the seller upon written request

a) confirmation of whether or not the personal data of their person are processed,

b) purpose of processing personal data,

c) in a comprehensible form, information on the processing of their personal data in the information system and on its status in the range:

i) identification data of the seller and the seller's representative, if appointed,

ii) intermediary identification data; this does not apply if the seller does not proceed in accordance with § 34 of the APDP when obtaining personal data,

d) in a generally comprehensible form, accurate information about the source from which they obtained their personal data for processing,

e) in a generally comprehensible form, the depreciation of their personal data that is being processed,

f) additional information which, in the light of all the circumstances and conditions of the processing of personal data, is necessary for the buyer to guarantee their rights and the interests protected by law to the extent in particular

i) instruction on the voluntary nature or obligation to provide the personal data requested; if the seller acquires the buyer's personal data on the basis of the buyer's consent under the APDP, the seller shall also notify the buyer of the time validity of the consent, and if the buyer is obliged to provide personal data from a directly enforceable legal act of the European Union, an international agreement by which the Slovak Republic is bound, or by law, the seller will notify the buyer of the legal basis for this obligation and notify the buyer of the consequences of refusing to provide personal data,

ii) information about third parties if it is supposed or apparent that they will be provided with personal data,

iii) beneficiaries, if it is supposed or apparent that personal data will be made available to them,

iv) form of disclosure if personal data are to be disclosed,

v) third countries, where it is supposed or apparent that a transfer of personal data to those countries will take place,

g) correction of incorrect, incomplete or outdated personal data that are subject to processing,

h) the destruction of their personal data if the purpose of their processing has been fulfilled; if official documents containing personal data are subject to processing, they may request their return,

i) the disposal of their personal data that are subject to processing if there is a violation of the APDP or other valid legal regulation of the Slovak Republic.

9.13. On the basis of a free written request, the buyer has the right to object to the seller:

a) the processing of their personal data that they assume are or will be processed for the purposes of direct marketing without their consent and request their disposal,

b) the use of personal data referred to in § 31 for the purposes of direct marketing in postal communication, or

c) providing personal data referred to in § 31 for the purposes of direct marketing.

9.14. On the basis of a free written request, the buyer has the right to object to the processing of personal data in the cases under § 31 of the APDP by giving legitimate reasons or by submitting evidence of unauthorized interference with their rights and legitimate interests that are or may be by such processing of personal data in a particular case damaged; if this is not prevented by lawful reasons and it is proved that the buyer's objection is justified, the seller is obliged to block and destroy the personal data which the buyer has objected to without delay as soon as circumstances permit.

9.15. The buyer has the right based on written request or in person, if the matter can not be deferred, and has the right to object to the seller at any time and not to comply with a seller's decision that would have legal effects or significant impact if such a decision is released solely for the automated processing of their personal data. The buyer has the right to ask the seller to review the issued decision by a method different from the automated form of processing, whereby the seller is obliged to comply with the buyer's request, so that an authorized person will play a decisive role in reviewing the decision; the seller shall inform the buyer of the manner of examination and the result of the finding within the period referred to in par. 9.18. of these Terms and conditions. The buyer does not have this right only if it is laid down by a special law that provides for measures to safeguard the buyer's legitimate interests, or if, in the context of a pre-contractual relationships or during the existence of contractual relationships, the seller has issued a decision to comply with the buyer's request, or if they accepted other appropriate measures to safeguard the buyer's legitimate interests.

9.16. If the buyer exercises his right in written form and the content of their request indicates that they exercise their right, the application shall be deemed to have been filed under this act; the application submitted by e-mail or fax shall be delivered by the buyer in written form within three days from the date of dispatch at the latest.

9.17. The buyer may, upon suspicion that their personal data are being processed in an unauthorized manner, notify the Data protection office. If the buyer does not have full legal capacity, their rights may be exercised by the legal representative.

9.18. The seller is obliged to deal with the written request of the buyer under this art. of these terms and condition of sale and warranty, alternatively to comply with APDP buyer requirements and notify them in written form within 30 days of receipt of the request or requirement.

9.19. The restriction of the buyer's rules by ADPD the seller shall in written form immediately notify the person concerned and the Data protection office.

9.20. The seller informs the buyer that in compliance with the APDP, when processing the buyer's personal data, it is assumed that the buyer's personal data will be provided and made available to the following third parties, respectively circle of recipients: Norbert Farkaš - parfemy-odstreky.sk, based in Žarnov 15 , Žarnov 04402, Business ID: 52 209 318

10. Withdrawal from the sales contract

10.1. If it will be impossible to fulfill the obligations on the part of the seller resulting from the sales contract, due to the goods being sold out, unavailability of the goods or if the manufacturer, importer or supplier of the goods agreed in the sales contract has interrupted production or made such serious changes that made it impossible to fulfill the seller's obligations resulting from the sales contract or for reasons of force majeure or, even when making every effort that can reasonably be required of them, is unable to deliver the goods to the customer within the period specified by these terms and conditions or in the price specified in the order, the seller shall be obliged to immediately inform the buyer and at the same time is obliged to offer the buyer a facultative compensation or the option for the buyer to withdraw from the sales contract (cancel the order). If the buyer withdraws from the sales contract for the reasons stated in this point of these terms and conditions of sale and warranty, the seller is obliged to refund the buyer the advance payment already paid for the goods agreed in the sales contract within 14 days of the notice of withdrawal by transfer to an account specified by the buyer.

10.2. The buyer is entitled to withdraw from the sales contract without giving any reason in accordance with prov. § 7 et seq. Act no. 102/2014 Coll. on consumer protection for distance selling (hereinafter referred to as the "Consumer protection act for distance selling") within 14 days of takeover of the goods, or from the date of conclusion of the contract for the provision of the service or contract for the provision of electronic content not delivered on a tangible medium, if the seller has fulfilled in due time the information obligations pursuant to the prov. §3 of the Consumer protection act for distance selling.

10.3. The buyer has the right to unpack and test the goods using the similiar means as in a usual "brick and mortar" shop to the extent necessary to determine the nature, characteristics and functionality of the goods.

10.4. The start of the withdrawal period is set for the day on which the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods or

a) supplies goods consisting of several parts or pieces, from the date of takeover of the last part or last piece,

b) the goods ordered by the buyer in one order are delivered separately from the date of takeover of the goods which were delivered last,

c) on the basis of the contract, the goods are delivered repeatedly during a limited period, from the date of takeover of the first delivered goods.

10.5. The buyer may withdraw from the sales contract, the subject of which is the purchase of the goods even before the start of the withdrawal period.

10.6. When withdrawing from the contract, a written form is required, in a manner which does not give rise to doubt that the contract has been withdrawn by mistake or in the form of an entry on another durable medium or by means of a form, which forms the annex no. 1 of these terms and conditions of sale and warranty. The withdrawal period shall be deemed to be maintained if the notice of withdrawal has been sent to the seller at the latest on the last day of the time limit set forth in the prov. § 7 par. 1 of the Consumer protection act for distance selling.

10.7. Withdrawal from the sales contract according to the preceding point of these terms and conditions of sale and warranty must contain the information required in the withdrawal form for withdrawing from the sales contract, which forms the annex no. 1 of these terms and conditions of sale and warranty, in particular the identification of the buyer, the number and date of the order, the exact specification of the goods, the manner in which the seller has to refund the already received payment, in particular the account number and/or postal address of the buyer.

10.8. In the event of withdrawal from the sales contract, any ancillary contract related to the sales contract from which the buyer has withdrawn shall also be canceled from the beginning. It is not possible to demand from the buyer any costs or other payments related to the cancellation of the ancillary contract, except for the costs and payments referred to in prov. § 9 par. 3, prov. § 10 par. 3 and 5 of the Consumer protection act for distance selling and the price of a service, if the subject of the contract is a provision of a service and the service was fully provided.

10.9. Within 14 days from the date of withdrawal from the sales contract, the buyer is obliged to send the goods back to the address of the registered office of the operator without undue delay or to hand it over to the seller or the person authorized by the seller to take over the goods. This is not the case if the seller has proposed to pick up the goods in person or through a person authorized by him. The period referred to in the first sentence of this point of these tTerms and conditions of sale and warranty shall be deemed to be maintained if the goods have been handed over for carriage no later than the last day of the period.

10.10. The buyer is obliged to deliver to the seller the complete goods, including the complete documentation, undamaged, preferably in the original packaging and unused.

10.11. Cash on delivery will not be taken over by the seller. It is recommended to insure the goods. The seller is obliged, without undue delay, to refund the buyer, within 14 days from the date of delivery of the notice of withdrawal, all payments received from them under the sales contract or in connection therewith, including shipping, delivery and postage costs and other costs and fees. The seller is not obliged to refund the buyer payments under this point of these terms and conditions of sale and warranty before the goods are delivered or the buyer proves that the goods have been sent back to the seller, unless the seller suggests picking up the goods personally or through a person authorized by them.

10.12. The cost of returning the goods to the seller is borne by the buyer. The goods will be returned directly to the seller or the person authorized by the seller to receive the goods. This shall not apply if the seller has agreed to bear these costs alone or if they have not fulfilled their obligation under § 3 par. 1 lett. i) of Consumer protection act for distance selling.

10.13. The buyer is only liable for the reduction of the value of the goods resulting from the handling of the goods which is beyond the handling necessary to determine the properties and functionality of the goods. The consumer is not liable for the reduction of the value of the goods if the seller has not complied with the information obligation on the consumer's right to withdraw from the contract pursuant to § 3 par. 1 lett. h) of Consumer protection act for distance selling.

10.14. The seller is obliged to refund the purchase price to the buyer for the goods in the same way the buyer used to pay, unless the buyer agrees to another method of refund without additional fees being charged to the buyer.

10.15. If the buyer withdraws from the contract and delivers the seller goods which are used, damaged or incomplete, the buyer undertakes to pay the seller:

a) value by which the value of goods diminished within the meaning of prov. § 457 of the Civil code in actual amount

b) costs arised to the seller from the repair of the goods and their restoration calculated according to the price list for post-warranty service of the goods. The buyer is obliged to pay the seller compensation in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the sales contract in accordance with this point of terms and conditions of sale and warranty.

10.16. In accordance with prov. § 7 par. 6 of the Consumer protection act for distance selling, the buyer may not withdraw from the contract subject to is:

- the sale of goods made according to specific requirements of the consumer, tailor-made goods or goods specifically intended for one consumer,

- the sale of goods enclosed in protective packaging which is not suitable to be returned for reasons of health protection or for hygienic reasons and whose protective packaging has been broken upon delivery,

- the sale of phonograms, video recordings, sound recordings, books or computer software sold in protective packaging, which the consumer has unpacked,

- provision of electronic content other than on a tangible medium if its provision has been initiated with the express consent of the consumer and the consumer has declared that they have been duly informed that, by expressing this consent, they lose the right of withdrawal.

- the sale of goods that have been after the conclusion of the contract and takeover of the goods from the seller for the buyer assembled, folded, or used in such a way that disassembling it by the seller is not possible without increased effort and cost, e.g. folded or assembled furniture, etc.

10.17. Provisions of art. 10 of these terms and conditions of sale and warranty do not expressly apply to entities that do not meet the consumer definition of prov. § 2 lett. a) Act.

The withdrawal from the sales contract concluded at a distance and guidance on the exercise of the buyer's right to withdraw from the sales contract can be found here.

11. Final provisions

11.1. In the event of the conclusion of a sales contract in written form, any change thereof shall have written form.

11.2. The contracting parties agree that communication between them will be in the form of email messages.

11.3. Relationships not regulated by these terms and conditions of sale and warranty are subject to the relevant provisions of the Civil code, Act, act no. 22/2004 Coll. on e-commerce and on amendment of act no. 128/2002 Coll. on state control of the internal market in consumer protection matters and on amendments and supplements to certain acts, as amended by act no. 284/2002 Coll. as amended and Act no. 102/2014 Coll. on consumer protection in sales.

12. Alternative dispute resolution

12.1. The buyer has the right to ask the seller for redress if they feel that the seller has violated their rights or has not settled the warranty claim so that they are also satisfied. If the seller does not respond to the request within 30 days or responds dismissively, the consumer may submit an alternative dispute resolution to the alternative dispute resolution entity (hereinafter ADR) pursuant to Act 391/2015 Coll. According to §3 of act 391/2015 Coll. ADR's subjects are bodies and legal entities. The proposal may be submitted by the consumer in the manner specified in §2 of Act 391/2015 Coll. The application may also be submitted online through the ODR alternative dispute resolution platform.

Alternative dispute resolution is reserved exclusively for the consumers of natural person, not buying entrepreneurs. The dispute is resolved between the consumer and the seller who have concluded the distance contract and whose dispute is worth more than 20 euros. The maximum fee that ARS can claim is 5 EURO from the buyer to cover the costs.

CAUTION:

These general terms and conditions were developed for Norbert Farkaš - parfemy-odstreky.sk, Business ID: 52209318, 15, 04402 Žarnov, by company Krši s.r.o., Hviezdoslavova 275/27, Žiar nad Hronom 965 01, Business ID: 50 532 464, which reserves their copyright to this work. Any use of this work or its part (reproduction, copying, scanning or other dissemination of texts, tables and other parts of this work) by mechanical or electronic means without a prior written permission of Krši s.r.o. for such use is strictly prohibited.

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