1. General provisions

The following terms and conditions govern the rights and obligations of the parties arising from the contract of sale concluded between the Seller :
LUXESSE - fitness s.r.o.
ID: 55 670 814
DIC: 212 206 2074
hereinafter referred to as the "Seller") and the Buyer. The subject matter of this contract is the purchase and sale of goods on the Seller's e-commerce website.

Seller's contact details:

LUXESSE - fitness s.r.o.
Zvončeková 3, Košice 040 11
Tel: 0918 748 450
info@luxesse.store

Supervisory authority:

Slovak Trade Inspection (SOI)

SOI Inspectorate for the Košice Region
Vrátna 3, P. O. BOX A-35, 040 65 Košice 1
Supervision Department
ke@soi.sk
tel. 055/729 07 05, 055/622 76 55
fax 055/622 46 95

http://www.soi.sk

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

1.1 These Terms and Conditions of Sale and Complaints, as in force on the date of conclusion of the Purchase Contract, are an integral part of the Purchase Contract. In the event that a contract of sale is concluded in writing in which terms and conditions are agreed which deviate from these terms and conditions, the provisions of the contract of sale shall prevail over these terms and conditions. The newly agreed terms and conditions must not conflict with other legal provisions (reduction of the return period, warranty period, etc.).

1.2 For the purposes of these Terms and Conditions of Sale and Complaints, a supplementary contract means a contract where the Buyer acquires goods or is provided with a service that is related to the subject matter of the contract of sale, provided that the goods or service are supplied by the Seller or a third party pursuant to their agreement.

1.3. The displayed purchase price for the goods on any e-commerce website operated by the Seller includes value added tax in the amount specified by the applicable Slovak law. It does not include the price for transport of the goods or other optional services. All sales and other promotions are valid while stocks last, unless otherwise stated for the goods in question.

1.4 The Seller has the right to adjust the selling price of the goods at any time, which is indicated on the e-commerce website, in the Seller's premises. Such a change does not apply to sales contracts concluded before the price change, regardless of the fact that the goods have not yet been delivered.

2. Method of concluding the purchase 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 submitted form via the Seller's website to which the Buyer has sent the proposal for its conclusion. The subject matter of the contract is the transfer for consideration of the ownership right to the goods specified by the buyer for the purchase price and under the conditions specified in this order (hereinafter referred to as the "order").

2.2 After the order has been placed, an automatically generated message will be sent to the e-mail address to confirm receipt of the order in the Seller's electronic system (hereinafter referred to as the "order delivery confirmation"). If necessary, any additional information regarding the Buyer's order may be sent to the Buyer's e-mail address.

2.3 The acknowledgement of receipt of the order contains information that the Seller has received the order, which is not, however, an acceptance of the proposal to enter into a contract of sale.

2.4 Subsequently, an email will be sent to the Buyer's email address containing a notification as to whether the Buyer's order has been accepted (hereinafter referred to as "Order Acceptance"). The contents of the Order Acceptance shall include the name and specification of the Goods the sale of which is the subject of the Purchase Contract, details of the price of the Goods and/or other services, details of the likely delivery time of the Goods, the name and details of the place where the Goods are to be delivered and details of the conditions, method of pricing and date of carriage of the Goods to the agreed place of delivery for the Buyer, and details of the Seller, such as the business name, registered office, registration number and the like. The notice may also contain other necessary particulars.

2.5. The conclusion of the Purchase Contract shall take place upon receipt of the acceptance of the order in electronic or written form.

2.6 The Seller has informed the Buyer in a clear, unambiguous, comprehensible and unmistakable manner prior to the dispatch of the order of the pre-contractual information concerning claims, payment, commercial, transport and other conditions by:

(a)informed about the main characteristics of the goods or the nature of the service to the extent appropriate to the means of communication used and the goods or service on the relevant catalogue page of the seller's e-commerce website,
b)the Seller's business name and registered office are informed on the relevant sub-page of the Seller's e-shop and in Article 1 of these Terms and Conditions of Sale and Complaints, which are located on the relevant sub-page of the Seller's e-shop,
c)the Seller's telephone number and other data relevant for the Buyer's contact with the Seller, in particular the Seller's e-mail address and fax number, if the Seller has informed them on the relevant sub-page of the Seller's e-shop and in Article 1 of these Terms and Conditions of Sale and Complaints, which are located on the relevant sub-page of the Seller's e-shop,
d)the address of the Seller at which the Buyer can make a claim for goods or services, file a complaint or other complaint, as informed in Article 1 of these Terms and Conditions, which are located on the relevant subpage of the Seller's e-commerce,
(e)the total price of the goods or services, including value added tax and all other taxes, or, if the price cannot reasonably be determined in advance due to the nature of the goods or services, the manner in which it is calculated, as well as the costs of transport, delivery, postage and other costs and charges or, if such costs and charges cannot be determined in advance, the fact that the Buyer will be obliged to pay them, informed on the relevant catalogue page of the Seller's online shop,
f) the payment terms, delivery terms, the time by which the Seller undertakes to deliver the goods or provide the service, information on the procedures for applying and handling complaints, complaints and complaints of the Buyer informed in the relevant articles of these terms and conditions, which are located on the relevant sub-page of the Seller's e-shop,
g)the information about the Buyer's right to withdraw from the purchase contract, the conditions, time limit and procedure for exercising the right to withdraw from the contract informed in Article 10 of these terms and conditions, which are located on the relevant sub-page of the Seller's e-shop,
(h)the provision of the withdrawal form in Article 10 and in the Annex to these terms and conditions, which are located on the relevant subpage of the Seller's e-shop; the Seller has also provided the withdrawal form itself in the Annex to these terms and conditions, which are located on the relevant subpage of the Seller's e-shop
i)the information that if the buyer withdraws from the purchase contract, he/she will bear the costs associated with the return of the goods to the seller pursuant to § 10 (3) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller's premises and on amendment and supplementation of certain acts (hereinafter referred to as the "Act on Consumer Protection in Distance Selling"), and if he withdraws from the purchase contract also the costs of returning the goods, which due to their nature cannot be returned by mail, informed in Article 10 of these terms and conditions, which are located on the relevant sub-page of the seller's e-shop,
j)the obligation of the Buyer to pay the Seller the price for the performance actually provided pursuant to Section 10(5) of the Act on Consumer Protection in Distance Selling, if the Buyer withdraws from the contract for services after giving the Seller the express consent pursuant to Section 4(6) of the Act on Consumer Protection in Distance Selling informed in Article 10 of these Terms and Conditions of Sale and Complaints, which are placed on the relevant subpage of the Seller's e-shop,
k)the circumstances under which the Buyer loses the right to withdraw from the contract informed in Article 10 of these Terms and Conditions, which are located on the relevant subpage of the Seller's e-commerce,
l)the instruction on the seller's liability for defects in goods or services pursuant to Sections 622 and 623 of the Civil Code informed in Article 8 of these terms and conditions, which are located on the relevant sub-page of the seller's e-shop,
m)the existence and details of the warranty provided by the manufacturer or seller according to stricter principles than those provided for in Section 502 of the Civil Code, if the manufacturer or seller provides it, as well as information on the existence and conditions of assistance and services provided to the buyer after the sale of goods or provision of services, if such assistance is provided, informed on the relevant catalogue page of the seller's e-shop and Article 9 of these terms and conditions, which are located on the relevant sub-page of the seller's e-shop,
(n) the existence of the relevant codes of conduct which the Seller has undertaken to comply with and the manner in which the Buyer may become acquainted with them or obtain the text thereof on the relevant catalogue page of the Seller's e-commerce website,
o)the duration of the contract, if it is a contract concluded for a definite term; if it is a contract concluded for an indefinite term or if it is a contract for which its validity is automatically extended, the information on the conditions for termination of the contract is also provided on the relevant catalogue page of the Seller's e-shop and in these terms and conditions of sale and complaints, which are placed on the relevant sub-page of the Seller's e-shop,
p)the minimum duration of the Buyer's obligations arising from the Purchase Contract, if the Purchase Contract implies such an obligation for the Buyer, informed on the relevant catalogue page of the Seller's e-shop and in these Terms and Conditions of Sale and Complaints, which are placed on the relevant subpage of the Seller's e-shop,
q)the obligation of the Buyer to pay an advance payment or provide other financial security at the request of the Seller and the conditions applicable to its provision, if the Purchase Contract implies such an obligation for the Buyer, informed on the relevant catalogue page of the Seller's e-shop and in these Terms and Conditions of Sale and Complaints, which are placed on the relevant subpage of the Seller's e-shop,
(r) the functionality, including the applicable technical protection measures for the security of the electronic content, if applicable, informed on the relevant catalogue page of the Seller's e-shop and in these terms and conditions of sale and complaints, which are placed on the relevant sub-page of the Seller's e-shop,
(s)the compatibility of the Electronic Content with hardware and software of which the Seller is aware or can reasonably be expected to be aware, where applicable, has been disclosed on the relevant catalogue page of the Seller's e-commerce website and in these terms and conditions and the terms and conditions of sale and claims, which are located on the relevant sub-page of the Seller's e-commerce website,
t)the possibility and conditions of resolving the dispute out of court through the alternative dispute resolution system, if the Seller has undertaken to use this system, informed on the relevant catalogue page of the Seller's e-shop and in these terms and conditions, which are placed on the relevant subpage of the Seller's e-shop,
u)the necessary actions for the conclusion of the purchase contract by describing these necessary actions in these terms and conditions, which are located on the relevant subpage of the Seller's e-shop,
v) that the Purchase Contract will be stored in electronic form with the Seller and is available to the Buyer after the Buyer has requested it in writing on the relevant catalogue page of the Seller's e-shop and in these Terms and Conditions of Sale and Complaints, which are located on the relevant sub-page of the Seller's e-shop,

the fact that the language offered for the conclusion of the contract is Slovak is informed on the relevant catalogue page of the Seller's e-shop and in these terms and conditions, which are placed on the relevant subpage of the Seller's e-shop.

2.7 If the Seller has failed to comply with its information obligation under clause 2.6(e) of these Terms and Conditions, the Buyer shall not be obliged to pay such additional costs or charges.

3. Seller's rights and obligations

3.1 The Seller shall:

a) in the case of order confirmation in the form of acceptance, the Seller is obliged to deliver the goods to the Buyer in the agreed quantity, time, quality and to pack them and ensure their transportation in the manner necessary for their preservation and protection,
b) ensure that the goods delivered comply with the applicable legislation of the Slovak Republic,
(c) send confirmation of the conclusion of the purchase contract on a durable medium, such as by e-mail. The confirmation must be sent without delay and must contain all the information set out in 2.6, including the withdrawal form.
d) at the latest together with the goods to hand over to the buyer in electronic or written form all the necessary documents for the acceptance and use of the purchased goods as well as other documents that are prescribed by the applicable legislation of the Slovak Republic, such as instructions in the Slovak language, delivery note, warranty card and tax document.

3.2 The Seller shall have the right to due and timely payment of the purchase price by the Buyer for the delivered goods.

3.3.In the event of unavailability of goods or out of stock, the Seller is not able to deliver the goods to the Buyer within the period agreed in the Purchase Contract, specified in these Terms and Conditions or at the agreed purchase price, it is the Seller's obligation to offer the Buyer an alternative performance, or alternatively the possibility of withdrawal from the Purchase Contract for the Buyer (cancellation of the order). Withdrawal from the purchase contract or cancellation of the order is possible by sending an e-mail to the buyer. In the event of payment of the purchase price or part thereof by the Buyer, the Seller is obliged to return all payments and thus the already paid purchase price or part thereof, including shipping, delivery and postage costs and other costs and fees within 14 days from the date of receipt of the e-mail of withdrawal from the purchase contract or cancellation of the order to the Buyer to the account specified by him, unless the parties agree otherwise. If the Buyer does not accept the substitute performance offered by the Seller and does not withdraw from the Purchase Contract, the Seller is entitled to withdraw from the Purchase Contract. In the event of payment of the purchase price or part thereof by the Buyer, the Seller is obliged to return the purchase price already paid or part thereof within 14 days from the date of delivery of the withdrawal from the purchase contract to the Buyer.

4. Buyer's rights and obligations

4.1 The Seller has notified the Buyer of the obligation to pay the Purchase Price. This obligation is part of the order.

4.2 Buyer's Rights: The Buyer shall have the right to delivery of the goods in the quantity, quality, date and place agreed by the parties.

4.3 Obligations of the Buyer:

a) pay the agreed purchase price to the Seller within the agreed due date, including the cost of delivery of the ordered goods,
b) to take delivery of the goods that have been ordered and delivered
c) confirm the receipt of the goods in the delivery note with his signature or the signature of a person authorised by him.

5. Delivery and payment terms

5.1 For each item on the e-commerce website, the usual availability of the goods is indicated together with the date of their dispatch.

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 Purchase Contract, unless otherwise agreed in the Purchase Contract. If the Seller has not fulfilled this obligation, the Buyer may call upon the Seller to deliver the item within a reasonable additional period specified by the Buyer. If the item is not delivered even within this additional reasonable period, the buyer is entitled to withdraw from the contract.

5.3 The Seller is entitled to invite the Buyer to take delivery of the goods even before the expiry of the delivery period agreed in the Purchase Contract.

5.4 It is the Buyer's obligation to take delivery of the Goods at the agreed place, as per the Contract of Sale or otherwise at the time prior to delivery of the Goods (hereinafter referred to as the "Place"). The Buyer is obliged to take delivery of the Goods at the time agreed by the Seller or its agent authorised to deliver the Goods and the Buyer in the Contract of Sale or otherwise at the time prior to delivery of the Goods (hereinafter referred to as the "Time range").

5.5 If the Seller delivers the Goods to the Buyer at the place and within the time range, it is the Buyer's obligation to collect the Goods in person or to arrange for collection of the Goods by a person authorised by the Buyer. The Buyer is obliged to sign a protocol of payment of the purchase price, delivery and handover of the goods. It is the obligation of the third party authorised to take delivery of the goods to provide the Seller with a copy of the acceptance of the order. Upon delivery of the goods to the Buyer, the goods shall be deemed to have been delivered. Delivery of the Goods to the Buyer means delivery of the Goods to the Place, acceptance of the Goods by the Buyer or a third party authorised by the Buyer and the signing by the Buyer or a third party authorised by the Buyer of a record of payment of the Purchase Price and delivery and handover of the Goods.

5.6 If it is necessary to repeat the delivery of the goods due to the Buyer's absence at the place and within the time range or if the Buyer fails to take delivery of the goods within 7 days after the time range has expired, without prior written withdrawal from the contract of sale, the Seller shall be entitled to claim compensation in the amount of the actual cost of the damage incurred for the attempted unsuccessful delivery of the goods to the place.

5.7 It is the Buyer's responsibility to inspect the received shipment, the packaging of the goods and also the goods, immediately after delivery in the presence of a representative of the Seller, for example a courier. If a defect in 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 in the goods, the accuracy of which shall be confirmed by the Seller's representative. With the record thus made and delivered to the Seller, the Buyer may refuse to accept the defective goods delivered or confirm the delivery of the defective goods and subsequently, in accordance with Article 8 of these Terms and Conditions of Sale and Complaint, claim defects in the goods from the Seller or a person designated by the Seller. If the Buyer refuses to take delivery of the defective goods, all costs reasonably incurred in returning the goods to the Seller shall be borne by the Seller.

5.8 In case of non-delivery of the goods by the Seller, the Buyer shall be entitled to withdraw from the Purchase Contract within the period specified in clause 5.2. of these Terms and Conditions and the Seller shall be obliged to refund the Purchase Price already paid or part thereof to the Buyer within 14 days from the moment of delivery of the withdrawal from the Purchase Contract. The funds shall be transferred to a bank account designated by the Buyer.

6. Purchase price

6.1 The purchase price for the Goods agreed in the Purchase Contract between the Buyer and the Seller is set out in the Order Acceptance (the "Purchase Price"). In the event that the Purchase Price stated in the Order Acknowledgement is higher than the price for identical Goods stated in the e-commerce offer at the time of the Buyer's submission of the Order, the Seller shall deliver an electronic message to the Buyer informing the Buyer of the offer of a new Purchase Price at a different amount, which shall be deemed to be the Seller's proposal to enter into a new Purchase Contract, which must be expressly confirmed by the Buyer by e-mail or in writing in order for the Purchase Contract to be validly concluded.

6.2 The Buyer is obliged to pay the Seller the purchase price including the cost of delivery of the goods by cash on delivery at the place of delivery of the goods or by wire transfer to the Seller's account specified in the acceptance of the order or on the Seller's website at the time prior to the receipt of the goods.

6.3.When the purchase price is paid by wire transfer to the Seller's account, the date of payment shall be deemed to be the moment when the entire purchase price has been credited to the Seller's account.

6.4 The Buyer is obliged to pay the Seller the purchase price for the agreed goods within the period according to the purchase contract, but at the latest upon receipt of the goods.

6.5 The Seller shall be entitled to refuse delivery of the Goods to the Buyer if the Buyer fails to pay the Seller the full Purchase Price by the time the Goods are delivered to the Site and the Parties have not agreed to pay the Purchase Price for the Goods in instalments.

6.6 Installation, removal of the goods and related costs are not included in the purchase price and the Seller is not obliged to provide these services to the Buyer.

7. Acquisition of ownership and transfer of risk of damage to goods

7.1 The ownership right to the goods shall be acquired by the buyer only upon full payment of the purchase price for the goods.

7.2 At the moment of acceptance of the goods by the Buyer or by a third person authorised by the Buyer from the Seller or from his representative authorised to deliver the goods, or if he fails to do so in time, at the time when the Seller allows the Buyer to dispose of the goods and the Buyer does not take possession of the goods, the risk of damage to the goods passes to the Buyer.

8. Complaints procedure (warranty, liability for defects, complaints)

8.1 The Buyer shall be entitled to have the defect remedied free of charge, in a timely and proper manner, insofar as it is a defect in the goods that can be remedied. It is the seller's obligation 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 specific part of the goods, replacement of that part, unless the Seller incurs disproportionate costs in relation to the price of the goods or the severity of the defect.

8.3 The Seller may always exchange defective goods for goods without defects, unless this would cause serious inconvenience to the Buyer.

8.4 If there is a defect in the goods which cannot be remedied and which prevents the goods from being properly used as a thing without defect, the buyer has the right to exchange the goods or has the right to withdraw from the contract of sale. The same rights shall apply to the buyer if the defects are remediable, but if the buyer cannot properly use the goods due to the reoccurrence of the defect after repair or due to a greater number of defects.

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

8.6 The Seller has instructed the Buyer of his rights under Section 622 of the Civil Code (Section 8.1 to 8.3 of these Terms and Conditions) and the rights under Section 623 of the Civil Code (Section 8.4 to 8.5 of these Terms and Conditions) by placing these Terms and Conditions on the relevant sub-page of the Seller's e-shop and the Buyer has had the opportunity to read them at the time prior to the dispatch of the order.

8.7 The Buyer is obliged to file a claim with the Seller or a designated person. The Seller shall be liable for defects in the goods in accordance with the applicable legislation of the Slovak Republic. Information about service points and designated persons for warranty and post-warranty service shall be provided by the Seller to the Buyer on the back of the warranty card or upon request by telephone or via e-mail.

8.8.The Seller's valid Complaints Procedure, i.e. Article 8 of these Terms and Conditions, shall apply to the handling of complaints. The Buyer has been duly acquainted with the Complaints Procedure and informed about the conditions and method of claiming goods, including information on where the claim can be made, and about the performance of warranty repairs in accordance with Section 18(1) of Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act of the Slovak National Council No. 372/1990 Coll. on offences, as amended (hereinafter referred to as the "Act") at the time before the conclusion of the purchase contract by placing these terms and conditions on the relevant sub-page of the Seller's e-shop and the Buyer had the opportunity to read them at the time before sending the order.

8.9 Goods purchased by the Buyer from the Seller in the form of e-commerce on the Seller's e-commerce website are subject to the Complaints Procedure.

8.10. If the goods have defects for which the manufacturer, supplier or seller is liable, are covered by warranty and were purchased from the seller, the buyer has the right to claim liability from the seller for defects in the goods.

8.11. If the Goods are defective, the Buyer has the right to make a claim at the Seller's premises in accordance with Section 18(2) of the Act by delivering the Goods to the Seller's premises and delivering to the Seller the Buyer's expression of intent to exercise his/her right pursuant to Clauses 8.1 to 8.5 of these Terms and Conditions of Sale and Claims (hereinafter referred to as the "Notice of Claim"), e.g. in the form of a completed claim form, which is located on the relevant sub-page of the Seller's e-shop. The Seller recommends to insure the goods when sending them for claim. The Seller does not accept COD shipments. The Buyer is obliged to truthfully state all required information in the Notice of Claim, in particular to indicate the exact type and extent of the defect in the goods; the Buyer shall also indicate which of its rights arising from Sections 622 and 633 of the Civil Code it claims. The Buyer shall also have the right to lodge a claim with the person authorised by the manufacturer of the goods to carry out warranty repairs (hereinafter referred to as the "Designated Person"). The list of the designated persons is included in the warranty certificate or sent to the Buyer by the Seller at his request.

8.12. The complaint procedure concerning goods that can be delivered to the Seller begins on the day when all of the following conditions are cumulatively met:

a) delivery of the notice of claim by the Buyer to the Seller
(b) delivery of the goods claimed by the Buyer to the Seller or a person designated for that purpose
c)delivery of access codes, passwords, etc. to the goods claimed to the Seller, if these data are necessary for the proper processing of the claim

8.13. If the subject of the complaint is goods that cannot be objectively delivered to the Seller or that are fixed, the Buyer, in addition to fulfilling the conditions under clauses 8.12 (a) and (c) of these Complaints and Terms and Conditions, is obliged to provide all necessary assistance to carry out an inspection of the claimed goods by the Seller or a third party designated by the Seller. The complaint procedure concerning goods which cannot be delivered objectively to the Seller or which are fixed shall begin on the day on which the inspection of the goods pursuant to the first sentence is carried out. However, if the Seller or a third party designated by the Seller fails to arrange for an inspection within a reasonable period of time, but no later than 10 days after the delivery of the Notice of Claim to the Seller, despite the Buyer's provision of the necessary cooperation, the claim procedure shall commence on the date of delivery of the Notice of Claim to the Seller.

8.14. The Seller or a designated person shall issue the Buyer with a confirmation of the claim in a suitable form chosen by the Seller, e.g. in the form of an e-mail or in writing, in which the Seller is obliged to precisely identify the claimed defects of the goods and shall once again instruct the Consumer on his rights arising from clause 8.1. to 8.3. of these Terms and Conditions of Sale and Complaints (Art. 622 of the Civil Code) and the rights arising from points 8.4. to 8.5. of these Terms and Conditions of Sale and Complaints (Art. 623 of the Civil Code). If the claim is made by means of remote communication, the Seller is obliged to deliver the confirmation 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 together with the proof of the claim; the confirmation of the claim does not have to be delivered if the Buyer has the possibility to prove the claim in another way.

8.15. The Buyer is entitled to decide which of his rights under § 622 and § 623 of the Civil Code he exercises and is also obliged to immediately deliver information about his decision to the Seller. On the basis of the Buyer's decision which of his rights under Section 622 and Section 623 of the Civil Code he exercises, the Seller or a designated person is obliged to determine the manner of handling the complaint under Section 2(m) of the Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, in particular if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of delivery of the goods complained of. After determining how to handle the complaint, the seller or a designated person shall handle the complaint immediately; in justified cases, the complaint may also be handled later. However, the handling of the complaint may not take longer than 30 days from the date of the complaint. After the expiry of the time limit for processing the complaint, the consumer has the right to withdraw from the contract or to have the goods exchanged for new goods.

8.16. If the Buyer has made a claim for goods within the first 12 months of the conclusion of the contract of sale, the Seller may only reject the claim on the basis of an expert's opinion or an opinion issued by an authorised, notified or accredited person or the opinion of a designated person (hereinafter referred to as the "expert's assessment of the goods"). Irrespective of the outcome of the expert assessment, the Seller may not require the Buyer to pay the costs of the expert assessment of the Goods or any other costs related to the expert assessment of the Goods.

8.17. If the Buyer has made a claim for the product after 12 months from the conclusion of the contract of sale and the Seller has rejected it, the person who has settled the claim is obliged to indicate in the claim settlement document to whom the Buyer may send the goods for professional assessment. If the Buyer sends the goods to the person specified in the complaint document for expert assessment, the costs of the expert assessment of the goods as well as all other related costs reasonably incurred shall be borne by the Seller regardless of the outcome of the expert assessment. If the buyer proves the seller's liability for the claimed defect of the goods by the expert assessment, the buyer may reassert the claim; the warranty period shall not expire while the expert assessment is being carried out. The Seller is obliged to reimburse the Buyer within 14 days from the date of the reasserted claim for all costs incurred for the expert assessment of the goods as well as all related costs reasonably incurred. The reasserted claim cannot be rejected.

8.18. The Buyer shall not have the right to claim liability for defects of which the Seller was notified at the time of conclusion of the contract or of which, taking into account the circumstances under which the contract of sale was concluded, he should have known.

8.19. The Seller reserves the right to replace the defective goods with other faultless goods with the same or better technical parameters, if this does not cause serious difficulties for the Buyer.

8.20. The Seller is not liable for defects in the goods:

a)if it is an obvious defect which the Buyer could have detected by inspecting the consignment upon delivery of the goods and which the Buyer did not notify to the Seller's representative in accordance with clause 5.8 of these Complaints and Terms and Conditions,
b)if the buyer has not exercised his right concerning the seller's liability for the defect of the goods until the end of the warranty period of the goods,
c)if the defect of the goods is mechanical damage caused by the buyer,
d)if the defect of the goods is caused by the use of the goods in conditions that do not correspond to the natural environment of the goods in terms of intensity, humidity, chemical and mechanical influences,
e)if the defect in the goods was caused by unprofessional handling, operation or neglect of the care of the goods,
f)if the defect in the goods has been caused by damage to the goods by excessive loading or by use contrary to the conditions set out in the documentation or the general principles of normal use of the goods,
g)if the defect in the goods is caused by damage to the goods caused by unavoidable and/or unforeseeable events,
h)if the defect in the goods was caused by accidental damage and accidental deterioration of the goods,
i)if the defect in the goods was caused by unprofessional intervention, water damage, fire, static or atmospheric electricity or other force majeure,
j)if the defect in the goods was caused by tampering with the goods by an unauthorised person.

8.21. It is the Seller's obligation to handle the complaint and terminate the complaint procedure in one of the following ways:

(a) exchange of goods,
(b) by refunding the purchase price of the goods,
(c) by handing over the repaired goods
(d) by paying a reasonable discount on the price of the goods,
(e) by written invitation to take over the performance specified by the Seller,
(f) a reasoned rejection of a claim for goods.

8.22. The Seller is obliged to issue a written document to the Buyer about the method of determining the complaint and about the complaint handling no later than within 30 days from the date of the complaint in person, through a provider of postal or courier or delivery service. The Seller shall inform the Buyer of the outcome of the complaint immediately after the completion of the complaint procedure by telephone or e-mail and shall also deliver to the Buyer, together with the goods or by e-mail, a proof of the complaint settlement.

8.23. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for specific cases. Shipped sports nutrition products, food in gift baskets and pet food have a minimum shelf life of more than 2 months before the expiry date, in case of a shorter expiry date the Seller shall contact the Buyer by phone or e-mail and the shipment shall only be sent with the Buyer's consent.

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

8.25. In the event of replacement of the goods with new goods, the warranty period shall start again from the receipt of the new goods, but only for the new goods. In the event of replacement of the goods with new goods, the Buyer will receive a document stating the replacement of the goods, and any further claims shall be made on the basis of the contract of sale and this claim document.

8.26. In the event of a remediable defect, the claim will be handled at the Buyer's discretion in accordance with clause 8.15. of these Claims and Terms and Conditions in the following manner:

(a) the seller replaces the defective goods; or
(b) the seller shall ensure that the defect is removed

8.27. If it is a remediable defect and the Buyer does not promptly determine, pursuant to clause 8.15 of these Claims and Commercial Terms and Conditions, how the claim is to be handled, the Seller shall handle the claim by removing the defect.

8.28. If there is a defect that cannot be remedied, or one repeatedly repeated remediable defect, or a greater number of different remediable defects that prevent the goods from being properly used as without defect, the Seller shall, depending on the Buyer's decision pursuant to Clause 8.15 of these Complaints and Commercial Terms, handle the complaint in the following manner:

(a) by exchanging the goods for other functional goods of equal or better technical characteristics; or
b)in the event that the Seller is unable to exchange the goods for another, the Seller shall settle the claim by refunding the purchase price for the goods.

8.29. In the event of an irremediable defect or repeatedly repeated removable defect, or in the event of a greater number of different removable defects that prevent the proper use of the goods as without defect and the Buyer does not promptly determine according to point 8.15 of these Complaints and Commercial Terms and Conditions, how the complaint should be handled, the Seller shall handle the complaint by replacing the goods with other functional goods of the same or better technical parameters.

8.30. The handling of the claim applies only to the defects specified in the Notice of Claim and in the confirmation of the claim of the goods according to point 8.14. of these Claims and Terms and Conditions.

8.31. For the purposes of a claim, the occurrence of one repetitive remediable defect more than twice shall be deemed to be a repetitive remediable defect.

8.32. For the purposes of a claim, the occurrence of more than three different remediable defects at the same time shall be deemed to be a greater number of different remediable defects.

8.33. The Buyer's right to make a claim for a defect in the Goods is exhausted after he has exercised his right and requested the Seller to remedy the defect in the Goods pursuant to Clause 8.1 of these Complaints and Terms and Conditions and, regardless of the outcome of the claim, he is not entitled to make a claim again for the same unique defect (not a defect of the same kind).

8.34. The provisions of Article 8 of these Complaints and Terms and Conditions expressly do not apply to entities that do not meet the definition of a consumer set out in Section 2(a) of Act 102/2014.

9.1 Personal data and data protection

9.1 The Parties agree that the Buyer, if he is a natural person, is obliged to notify the Seller in the order of his name and surname, permanent address of residence, including postal code, telephone number and e-mail address.

9.2 The Parties agree that the Buyer, in case it is a legal entity, is obliged to notify the Seller in the order of its business name, registered office address, including postal code, ID number, telephone number and e-mail address.

9.3 The Buyer may at any time check and change the personal data provided, as well as cancel their registration by logging in to the e-commerce website in the "YOUR ACCOUNT" section.

9.4 The Seller hereby notifies the Buyer that pursuant to Act No. 18/2018 Coll. on the protection of personal data and on amendment and supplementation of certain acts, as amended (hereinafter referred to as "ZOOÚ"), the Seller as an operator will process the Buyer's personal data in the process of concluding the Purchase Contract without the Buyer's consent as a data subject, since the processing of the Buyer's personal data will be carried out by the Seller in pre-contractual relations with the Buyer and the processing of the Buyer's personal data is necessary for the performance of the Purchase Contract, in which the Buyer acts as one of the contracting parties.

9.5 By ticking the appropriate box before submitting the order, the Buyer may express his/her consent within the meaning of ZnOOÚ to the Seller processing and storing his/her personal data, in particular those listed above and/or which are necessary for the Seller's activities related to sending information about new products, discounts and promotions on the offered goods and processing them in all its information systems related to sending information about new products, discounts and promotions on the offered goods.

9.6 The Seller undertakes to handle and dispose of the Buyer's personal data in accordance with the applicable laws of the Slovak Republic.

9.7 The Seller declares that, in accordance with ZnOOU, personal data will be collected solely for the purpose stated in these Terms and Conditions of Sale and Complaints.

9.8 The Seller declares that it will, in accordance with ZnOOU, collect personal data for purposes other than those specifically set out in these Terms and Conditions and will ensure that the personal data is processed and used only in a manner that is consistent with the purpose for which it was collected and that it will not combine it with personal data that has been collected for other purposes.

9.9 The Buyer grants the Seller the consent pursuant to Clause 9.5 of these Complaints and Terms and Conditions for a limited period of time until the purpose of processing the Buyer's personal data is fulfilled. The Seller shall ensure the immediate destruction of the Buyer's personal data after the purpose of processing has been fulfilled. The Buyer may withdraw consent to the processing of personal data at any time in writing. Consent shall expire within 1 month of receipt by the Seller of the Buyer's withdrawal of consent.

9.10. The Buyer will be asked to confirm, by ticking the box before sending the order, that the Seller has notified the Buyer in a sufficient, comprehensible and unmistakable manner that:

a)your identification data, which are specified in Article 1 of these Terms and Conditions,
b)the identification data of the third party, which is the company that delivers the goods ordered to the buyer, so that these data are indicated in the acceptance,
c)the purpose of processing personal data is the conclusion of the purchase contract between the seller and the buyer,
d)that it will process the personal data of the buyer in the scope of the name and surname, permanent address, including postal code, telephone number and e-mail address if the buyer is a natural person and in the scope of the business name, registered office address, including postal code, ID number, telephone number and e-mail address if the buyer is a legal person,
e)that the buyer is obliged to provide the requested personal data,

9.11. The Seller declares that it will process personal data in accordance with good manners and will act in a manner that does not contradict the ZOOÚ or other generally binding legal regulations and will not circumvent them. The Seller declares that the consent of the Data Subject will not be enforced or conditioned by the threat of refusal of a contractual relationship, service, goods or obligation imposed on the Seller.

9.12. The Buyer shall have the right, upon written request from the Seller, to require

(a)confirmation of whether or not personal data concerning him or her are being processed,
(b) the purpose of the processing of personal data,
(c) in a generally comprehensible form, information on the processing of their personal data in the information system and on its status to the extent:
(i)the identification details of the seller and of the seller's representative, if appointed,
(ii) the identification data of the processor; this does not apply if the Seller does not proceed in accordance with Section 34 of the OPLA when obtaining personal data,
(d) in a generally intelligible form, precise information about the source from which he obtained his personal data for processing,
(e) in a generally intelligible form, a copy of his or her personal data which are the subject of the processing,
(f) additional information which, taking into account all the circumstances and conditions of the processing of personal data, is necessary for the purchaser to guarantee its rights and legitimate interests, in particular to the extent that
(i)an instruction on the voluntariness or obligation to provide the requested personal data; if the Seller obtains the Buyer's personal data on the basis of the Buyer's consent under the KCPL, it shall also notify the Buyer of the period of validity of the consent, and if the Buyer's obligation to provide personal data results from a directly enforceable legally binding act of the European Union, an international treaty to which the Slovak Republic is bound or a law, the Seller shall notify the Buyer of the legal basis which imposes this obligation and shall inform the Buyer of the consequences of refusal to provide the personal data,
(ii) information about third parties where it is foreseen or apparent that personal data will be disclosed to them,

(iii) the range of recipients, if it is foreseen or understood that personal data will be disclosed to them,

(iv) the form of disclosure, if personal data are to be disclosed,
(v) third countries where it is foreseen or apparent that a transfer of personal data will take place to those countries,
(g) the rectification of inaccurate, incomplete or outdated personal data subject to processing,
(h)the destruction of his or her personal data where the purpose of the processing has been fulfilled; where official documents containing personal data are the subject of the processing, he or she may request their return,
i)destruction of his/her personal data subject to processing if there has been a breach of the PDPA or other applicable Slovak law.

9.13. The Buyer, upon free written request, has the right to object to:

(a) the processing of his personal data which he believes is or will be processed for direct marketing purposes without his consent and to request their destruction,
(b) the use of the personal data referred to in § 31for direct marketing purposes in postal communications, or
(c) the provision of personal data referred to in § 31 for direct marketing purposes.

9.14. The Buyer has the right to object to the processing of personal data by the Seller in cases pursuant to Section 31 of the Personal Data Protection Act by stating legitimate grounds or by presenting evidence of unjustified interference with its rights and legally protected interests which are or may be harmed by such processing of personal data in a particular case, based on a free of charge written request; unless prevented by lawful grounds and the Buyer's objection is proven to be justified, the Seller is obliged to block and delete the personal data whose processing the Buyer has objected to without undue delay as soon as the circumstances permit.

9.15. The Buyer, upon written request or in person if the matter cannot be delayed, shall further have the right to object to the Seller at any time and not to submit to a decision of the Seller which would have legal effects or significant impact on the Buyer, if such decision is made solely on the basis of automated processing of its personal data. The Buyer shall have the right to request the Seller to review the decision made by a method other than automated processing, and the Seller shall comply with the Buyer's request, with the Authorised Person having a decisive role in the review of the decision; the Seller shall inform the Buyer of the method of review and the result of the finding within the time limit set out in clause 9.18 of these Terms and Conditions. The Buyer shall not have this right only if a special law providing for measures to safeguard the Buyer's legitimate interests so provides, or if, in the framework of pre-contractual relations or during the existence of contractual relations, the Seller has issued a decision granting the Buyer's request, or if the Seller has taken other reasonable measures to safeguard the Buyer's legitimate interests on the basis of the contract.

9.16. If the Buyer exercises his right in writing and it is clear from the content of his request that he is exercising his right, the request shall be deemed to have been made pursuant to this Act; a request made by electronic mail or fax shall be delivered in writing by the Buyer no later than three days from the date of its dispatch.

9.17. If the Buyer suspects that his/her personal data is being processed unlawfully, he/she may notify the Data Protection Authority. If the buyer does not have full legal capacity, his rights may be exercised by his legal representative.

9.18. The Seller is obliged to deal with the Buyer's request in writing pursuant to this Article of these Terms and Conditions of Sale and Complaints, or to comply with the Buyer's requirements pursuant to the ZOOÚ and to inform the Buyer in writing within 30 days of receipt of the request or requirement at the latest.

9.19. The Seller shall promptly notify the Data Subject and the Office for Personal Data Protection in writing of the limitation of the Buyer's rights under the ZOOÚ.

9.20. The Seller hereby notifies the Buyer that, in accordance with the ZOOÚ in the processing of the Buyer's personal data, it is assumed that the Buyer's personal data will be disclosed and made available to the following third parties, or a range of recipients:

Slovenská pošta, a.s. , Partizánska cesta 9, 975 99 Banská Bystrica 1, ID No.: 36631124,

VAT: 2021879959, VAT NUMBER: SK2021879959

10. Withdrawal from the contract of sale

10.1. If it becomes impossible for the Seller to fulfil its obligations under the Purchase Contract due to stock outages, unavailability of the goods or if the manufacturer, importer or supplier of the goods agreed in the Purchase Contract has interrupted production or made such significant changes that it has become impossible to fulfil the Seller's obligations under the Purchase Contract, or due to force majeure, or even if, even with all due diligence, the Seller has, which can be fairly demanded of him is unable to deliver the goods to the customer within the period specified in these terms and conditions or at the price specified in the order, the seller is obliged to immediately inform the buyer of this fact and at the same time is obliged to offer the buyer an alternative performance or an opportunity for the buyer to withdraw from the purchase contract (cancel the order). If the Buyer withdraws from the Purchase Contract for the reasons set out in this clause of these Complaints and Commercial Terms and Conditions, the Seller is obliged to refund to the Buyer the deposit already paid for the goods agreed in the Purchase Contract within 14 days of the notice of withdrawal from the Contract by transfer to the account designated by the Buyer.

10.2 The Buyer is entitled to withdraw from the Purchase Contract without giving any reason in accordance with § 7 et seq. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter referred to as "Act on Consumer Protection in Distance Selling") within 14 days from the receipt of the goods, or from the date of conclusion of the contract for the provision of services or the contract for the provision of electronic content not delivered on a tangible medium, if the seller has timely and properly fulfilled the information obligations under Section 3 of the Act on Consumer Protection in Distance Selling.

10.3 Within this period, the Buyer has the right to unpack and test the goods after receipt in a manner similar to that usual when buying in a traditional "brick-and-mortar" store, to the extent necessary to ascertain the nature, characteristics and functionality of the goods.

10.4 The withdrawal period shall commence on the date on which the Buyer or a third party designated by the Buyer, other than the carrier, takes delivery of all parts of the ordered goods or if

(a) delivers goods consisting of several parts or pieces, from the date of receipt of the last part or piece,
b) the goods ordered by the Buyer in one order shall be delivered separately, from the date of receipt of the goods that were delivered last,
(c) he delivers the goods repeatedly under the contract for a specified period of time from the date of receipt of the first delivery.

10.5 The Buyer may withdraw from the contract of sale, the subject of which is the purchase of goods, even before the withdrawal period has started.

10.6 Withdrawal from the Contract shall be in writing, in a manner that does not give rise to any doubt that the withdrawal has been made in error or in the form of a notation on another durable medium, or using the form attached as Annex 1 to these Terms and Conditions of Sale and Complaints. The withdrawal period shall be deemed to have been complied with if the notice of withdrawal was sent to the Seller no later than on the last day of the period pursuant to Section 7(1) of the Distance Selling Consumer Protection Act.

10.7 Withdrawal from the Purchase Contract pursuant to the preceding clause of these Terms and Conditions must contain the information required in the Purchase Contract Withdrawal Form, which forms Annex 1 to these Terms and Conditions, in particular the identification of the Buyer, the order number and date, the exact specification of the goods, the manner in which the Seller is to return the performance already received, in particular the account number and/or the postal address of the Buyer.

10.8 In the event of withdrawal from the Purchase Contract by the Purchaser, any supplementary contract related to the Purchase Contract from which the Purchaser has withdrawn shall also be cancelled from the outset. No costs or other payments related to the cancellation of the supplementary contract may be claimed from the buyer, except for the costs and payments referred to in § 9 (3), § 10 (3) and (5) of the Act on Consumer Protection in Distance Selling and the price for the service, if the subject matter of the contract is the provision of a service and the service has been provided in full.

10.9 Within 14 days from the date of withdrawal from the contract of sale, the buyer is obliged to send the goods back to the address of the operator's registered office without undue delay or hand them over to the seller or a person authorized by the seller to take over the goods. This does not apply if the Seller has offered to collect the goods in person or through a person authorised by the Seller. The time limit under the first sentence of this clause of these terms and conditions of sale and complaint shall be deemed to have been observed if the goods have been handed over for carriage on the last day of the time limit at the latest.

10.10.The Buyer is obliged to deliver the Goods to the Seller complete, including complete documentation, undamaged, preferably in the original packaging and unused.

10.11. COD shipments will not be accepted by the Seller. It is recommended to insure the goods. The Seller is obliged to refund to the Buyer without undue delay, and no later than 14 days from the date of receipt of the notice of withdrawal, all payments received from the Buyer under or in connection with the Purchase Contract, including transport, delivery and postage costs and other costs and charges. The Seller shall not be obliged to refund payments to the Buyer under this clause of these Terms and Conditions before the Goods are delivered to the Buyer or until the Buyer has proved that the Goods have been returned to the Seller, unless the Seller proposes to collect the Goods in person or through a person authorised by the Seller.

10.12. The cost of returning the goods to the Seller shall be borne by the Buyer. Goods shall be returned directly to the Seller or to a person authorised by the Seller to receive the goods. This does not apply if the Seller has agreed to bear these costs himself or if he has not fulfilled his obligation under Section 3(1)(i) of the Act on Consumer Protection in Distance Selling.

10.13. The Buyer shall only be liable for any diminution in the value of the Goods resulting from handling of the Goods which is beyond that necessary to establish the characteristics and functionality of the Goods. The consumer shall not be liable for the diminution in value of the goods if the seller has not fulfilled the information obligation on the consumer's right to withdraw from the contract pursuant to Section 3(1)(h) of the Act on Consumer Protection in Distance Selling.

10.14. The Seller is obliged to refund the Purchase Price for the Goods to the Buyer in the same manner as used by the Buyer in its payment, unless the Seller agrees with the Buyer on a different method of refund without the Buyer being charged any additional fees in this respect.

10.15. In the event that the Buyer withdraws from the Contract and delivers to the Seller Goods that are used, damaged or incomplete, the Buyer agrees to reimburse the Seller:

a) the value by which the value of the goods has been reduced within the meaning of Section 457 of the Civil Code in the actual amount
b)the costs incurred by the Seller in connection with the repair of the goods and their restoration to their original condition, calculated according to the price list for after-warranty service of the goods

The Buyer shall be obliged under this clause of the Complaints and Terms and Conditions to pay the Seller compensation not exceeding the difference between the purchase price of the Goods and the value of the Goods at the time of withdrawal from the Contract of Sale.

10.16. In accordance with § 7 (6) of the Consumer Protection Act in distance sales, the buyer cannot withdraw from the contract, the subject of which are:

- the sale of goods made to the consumer's specific requirements, made-to-measure goods or goods designed specifically for a single consumer,

- the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery,

- the sale of sound recordings, visual recordings, phonograms, books or computer software sold in protective packaging, if the consumer has unwrapped the packaging,

- the provision of electronic content otherwise than on a tangible medium, where the provision of the electronic content has been initiated with the express consent of the consumer and the consumer has declared that he has been duly informed that he loses the right of withdrawal by expressing that consent.

- the sale of goods which, at the time after the contract has been concluded and the goods have been accepted by the seller from the buyer, have been assembled, put together or used in such a way that their restoration to their original condition by the seller is not possible without increased effort and cost, e.g. assembled or put together furniture and after

10.17. The provisions of Article 10 of these Terms and Conditions of Business and Complaints expressly do not apply to entities that do not meet the definition of a consumer set forth in Section 2(a) of the Act.

11. Final provisions

11.1 In the case of a written contract of sale, any modification thereof must be in writing

11.2 The Parties agree that communication between them shall be in the form of e-mail messages.

11.3.The relevant provisions of the Civil Code, the Act, Act No. 22/2004 Coll. No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendment and supplementation of certain acts, as amended by Act No. 284/2002 Coll. as amended and Act No. 102/2014 Coll. on consumer protection in distance selling.

11.4 These terms and conditions of sale and claims shall become effective against the buyer upon conclusion of the contract of sale.

11.5 Before sending the order, the Buyer will be asked to confirm by ticking the box that he/she has read these terms and conditions, understood their content and agrees to them in their entirety.

12. Alternative Dispute Resolution

12.1 The Buyer has the right to ask the Seller for redress if the Buyer feels that the Seller has violated the Buyer's rights or has failed to handle the complaint to the Buyer's satisfaction. If the Seller does not respond to the request within 30 days or responds to it in a negative manner, the consumer may submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity (hereinafter referred to as ADR entity) pursuant to Act No. 391/2015 Coll. Pursuant to Section 3 of Act 391/2015 Coll. the ADR entities are authorities and authorised legal persons. The consumer may submit a proposal in the manner specified under §12 of Act 391/2015 Coll. The application can also be submitted online via alternative dispute resolution platforms RSOs.

Alternative Dispute Resolution is reserved exclusively for individual consumers, not business purchasers. Dispute resolution takes place between a consumer and a seller who have concluded a distance contract and whose dispute has a value of more than EUR 20. The maximum fee that ADR can charge is EUR 5 from the buyer, to cover costs.