11.1. These General Terms and Conditions (hereinafter also the „GTC“) govern the legal relationships between the company<\/p>\n
Business name: Dmytro Nykytiuk<\/p>\n
Registered office: Agatova 3460\/7F, 841 01 Bratislava-Dúbravka, Slovak Republic<\/p>\n
(hereinafter also the “Seller” or the “Trader”) and every person who is a Buyer of products offered by the Seller on the Seller’s Website and who acts in the position of a consumer within the meaning of the further provisions of these General Terms and Conditions and the relevant laws defining a consumer, under the applicable legislation of the Slovak Republic, in particular the following acts: Act No. 108\/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, Act No. …, Act No. 40\/1964 Coll., the Civil Code, as amended,<\/p>\n
1.2. The Seller’s email contact and telephone contact are:<\/p>\n
1.3. The address for sending correspondence, complaints, and withdrawals from contracts is: Dmytro Nykytiuk, Tupeho 30, 831 01 Bratislava, Slovak Republic<\/p>\n
2.1. For the purposes of these General Terms and Conditions, the Trader, in accordance with Act No. 108\/2024 Coll., as amended, sets out and defines the following terms:<\/p>\n
2.2. A distance contract is a contract concluded between the trader and the consumer under an organized distance-selling scheme, without the simultaneous physical presence of the trader and the consumer, using exclusively one or more means of distance communication, in particular an online interface, electronic mail, telephone, fax, an addressed letter, or a catalogue offer.<\/p>\n
2.3. The Trader (hereinafter also the “Seller”) is a person who, in connection with a consumer contract, an obligation arising therefrom, or a business practice, acts within the scope of its business activity or profession, including through another person acting in its name or on its behalf.<\/p>\n
2.4. The Consumer is a natural person who, in connection with a consumer contract, an obligation arising therefrom, or a business practice, does not act within the scope of their business activity or profession.<\/p>\n
2.5. A consumer contract is any contract, irrespective of its legal form, concluded between a trader and a consumer.<\/p>\n
2.6. The term Online Store is identical to the term Electronic Store and to the term Website.<\/p>\n
2.7. The Buyer is any person (natural person or legal entity) who has submitted an order, in particular through the Seller’s website, or by other means of distance communication.<\/p>\n
2.8. A durable medium is a means that enables the consumer or the trader to store information addressed to them personally, in a way that allows information to be accessed for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored, in particular a document, e-mail, USB key, CD, DVD, memory card, or a computer’s hard disk.<\/p>\n
3.1. These General Terms and Conditions govern the legal relationships between Buyers who are consumers and the Trader.<\/p>\n
3.2. Contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with Buyers who do not act in the position of a consumer are governed by the provisions of Act No. 513\/1991 Coll., the Commercial Code, as amended.<\/p>\n
4.1. The Buyer’s proposal to conclude a purchase contract is the sending of an order for products by the Buyer, carried out in particular through the Trader’s website, or by other means of distance communication.<\/p>\n
4.2. The purchase contract between the Buyer and the Trader is concluded at the moment the Trader’s confirmation of acceptance of the order is delivered to the Buyer, in respect of an order which the Buyer created pursuant to point 4.1. of these GTC (delivered electronically to the Buyer’s email address, which the Buyer selected during the order creation process).<\/p>\n
5.1. The purchase contract is concluded for a fixed term and terminates in particular upon the fulfilment of all obligations of the Seller and the Buyer, in particular by the delivery and payment of products in accordance with the concluded purchase contract. This provision does not affect the Buyer’s rights arising from the Trader’s statutory liability for defects in the products.<\/p>\n
6.1. The price of goods and services ordered through the Seller’s Website (hereinafter the “purchase price”) is stated separately for each product and is valid at the moment the order is created by the Buyer.<\/p>\n
6.2. The purchase price of goods or services listed on the Seller’s Website is the total price of the goods or services including all taxes, and it is clearly stated on the Seller’s Website.<\/p>\n
5.1. If the Buyer has chosen cash on delivery as the form of payment for the order, the Seller is obliged to fulfil the order and deliver the products to the Buyer no later than 60 days from the date of conclusion of the purchase contract within the meaning of point 2.2. et seq. of these GTC.<\/p>\n
5.1.1. If the Buyer has chosen a form of payment for the order other than cash on delivery, the Seller is obliged to fulfil the order and deliver the products to the Buyer no later than 60 days from the date of conclusion of the purchase contract within the meaning of point 2.2. et seq. of these GTC and from the payment of the total order price to the Seller. If both conditions set out in point 5.1.1. of these GTC have been met (i.e. if the purchase contract has been concluded and the total order price has been paid to the Seller), the Seller is obliged to deliver the products to the Buyer no later than 60 days from the date on which both of these conditions were met. If the products are marked as pre-order products, the periods under points 5.1. and 5.1.1. are extended to 365 days.<\/p>\n
The usual period within which the Seller dispatches products is 1 business day from the date of conclusion of the purchase contract, or 1 business day from the date of payment of the total order price to the Seller.<\/p>\n
5.2. The place of delivery of the ordered product is the address stated by the Buyer in the order.<\/p>\n
5.3. The Seller shall deliver the product by its own means into the hands of the Buyer (or a person authorized by the Buyer to take receipt of the product), or through third parties (transport and courier companies).<\/p>\n
5.4. Delivery of the product is effected upon its receipt by the Buyer (or a person authorized by the Buyer to take receipt of the product).<\/p>\n
5.5. The Seller may send the goods that are immediately available to the Buyer and deliver the remaining part of the order additionally, within a period that complies with the delivery period under these GTC, however only on condition that no additional costs arise for the Buyer as a result of this action by the Seller, and only if the Buyer agrees to this.<\/p>\n
5.6. The Seller is obliged to deliver the products to the Buyer in the ordered quantity and quality, together with the tax documents relating to the order and any other documents, if they exist and are typical for the given products or services.<\/p>\n
8.1. Ownership of the item sold, and the risk of accidental destruction, accidental deterioration, and loss of the item, passes to the Buyer at the moment of delivery.<\/p>\n
9.1. You may pay for goods and services on the Seller’s Website using the following methods:<\/p>\n
9.1.1. payment by cash on delivery – price EUR 1<\/p>\n
9.1.2. online payment via the STRIPE payment gateway – price EUR 0<\/p>\n
9.1.3. payment by deposit or bank transfer to the Seller’s account – price EUR 0<\/p>\n
10.1. The purchase price of the goods or services does not include shipping costs or other costs related to the delivery of the products.<\/p>\n
10.2. Methods of delivery and the delivery price for ordered products:<\/p>\n
10.2.1. Forms of Delivery:<\/p>\n
10.2.1.1. Packeta pick-up point<\/p>\n
10.2.2. Delivery Prices:<\/p>\n
10.2.2.1. Delivery price via a PACKETA pick-up point, delivery to an address in Slovakia – price EUR 2.90<\/p>\n
10.2.2.2. Delivery price via the PACKETA courier service, delivery to an address in Slovakia – price EUR 5.00<\/p>\n
11.1. The consumer has the right to withdraw from a distance contract and from a contract concluded away from the trader’s business premises, also without stating a reason, within the period specified in Article XII, points 12.1 to 12.3 of these GTC, except in the case of a contract the subject of which is:<\/p>\n
11.2. The provision of a service, if the service has been fully provided and the provision of the service began before the expiry of the withdrawal period with the express consent of the consumer, and the consumer declared that they had been duly informed that, by giving such consent, they lose the right to withdraw from the contract once the service has been fully provided, if the consumer is obliged under the contract to pay the price,<\/p>\n
11.3. The delivery or provision of a product whose price depends on fluctuations in the financial market which the trader cannot influence and which may occur during the withdrawal period,<\/p>\n
11.4. The delivery of goods manufactured according to the consumer’s specifications or of goods made to measure,<\/p>\n
11.5. The delivery of goods that are liable to deteriorate or expire rapidly,<\/p>\n
11.6. The delivery of goods enclosed in protective packaging which is not suitable for return for health protection or hygiene reasons, where the protective packaging has been broken after delivery,<\/p>\n
11.7. The delivery of goods which, due to their nature, may become inseparably mixed with other goods after delivery,<\/p>\n
11.8. The delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, the delivery of which can only take place after 30 days, and whose price depends on fluctuations in the market which the trader cannot influence,<\/p>\n
11.9. The carrying out of urgent repairs or maintenance during a visit to the consumer, which the consumer expressly requested from the trader; this does not apply to a contract the subject of which is the provision of a service other than repair or maintenance, and to a contract the subject of which is the delivery of goods other than spare parts necessary for carrying out the repair or maintenance, if the contracts were concluded during the trader’s visit to the consumer and the consumer did not order these goods or services in advance,<\/p>\n
11.10. The delivery of sound recordings, video recordings, audiovisual recordings, or software in protective packaging that has been broken after delivery,<\/p>\n
11.11. The delivery of periodical press, except for delivery under a subscription contract,<\/p>\n
11.12. Goods purchased at a public auction,<\/p>\n
11.13. The provision of accommodation services for a purpose other than for residential purposes, the transport of goods, car rental, the provision of catering services, or the provision of services related to leisure-time activities, if, under the contract, the trader is to provide these services at a specifically agreed time or within a specifically agreed period,<\/p>\n
11.14. The delivery of digital content which the trader supplies otherwise than on a tangible medium, if the supply of the digital content has begun and the consumer has given express consent to the commencement of the supply of digital content before the expiry of the withdrawal period, has declared that they were duly informed that, by giving such consent, they lose the right to withdraw from the contract once the supply of digital content has commenced, and the trader has provided the consumer with confirmation under Section 17(12)(b) or (13)(b) of Act No. 108\/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, if the consumer is obliged under the contract to pay the price.<\/p>\n
12.1. The consumer may withdraw from a distance contract or from a contract concluded away from the trader’s business premises within<\/p>\n
a) 14 days from the day<\/p>\n
b) 30 days from the day of conclusion of the contract in the case of an unsolicited visit or in connection therewith, or at a sales event or in connection therewith.<\/p>\n
12.2. If the trader provided the consumer with the specific information regarding instruction on the consumer’s right to withdraw from a distance contract and a contract concluded away from the trader’s business premises only additionally, but no later than 12 months from the start of the running of the withdrawal period under point 12.1., the consumer may withdraw from the distance contract or from the contract concluded away from the trader’s business premises within<\/p>\n
12.3. If the trader did not provide the consumer with the specific information regarding instruction on the consumer’s right to withdraw from a distance contract and a contract concluded away from the trader’s business premises, even under point 12.2, the consumer may withdraw from the distance contract or from the contract concluded away from the trader’s business premises within 12 months of the expiry of the period under point 12.1.<\/p>\n
12.4. Goods are considered to have been received by the consumer at the moment when the consumer, or a third party designated by the consumer other than the carrier, takes receipt of all parts of the ordered goods, or where<\/p>\n
12.5. The consumer may withdraw from a distance contract or from a contract concluded away from the trader’s business premises, the subject of which is the delivery of goods, even before the withdrawal period has begun to run.<\/p>\n
12.6. The consumer may exercise the right of withdrawal from a distance contract or from a contract concluded away from the trader’s business premises in written form or in the form of a record on another durable medium, and if the contract was concluded orally, any unambiguously formulated statement of the consumer expressing the consumer’s will to withdraw from the contract is sufficient for the exercise of the consumer’s right of withdrawal (hereinafter the “notice of withdrawal from the contract”). The consumer may use the model withdrawal form.<\/p>\n
12.7. The withdrawal period under points 12.1. to 12.3. is deemed to have been observed if the consumer sends the notice of withdrawal from the contract to the trader no later than on the last day of the period.<\/p>\n
12.8. The consumer may withdraw from the contract only in relation to a specific product or products, if the trader has delivered or provided several products under a distance contract or a contract concluded away from the trader’s business premises.<\/p>\n
12.9. The burden of proof regarding the exercise of the right of withdrawal from the contract lies with the consumer.<\/p>\n
13.1. The consumer is obliged, within 14 days from the date of withdrawal from a distance contract or a contract concluded away from the trader’s business premises under point 12.1, to send the goods back or hand over the goods to the trader or to a person designated by the trader to take receipt of the goods; this does not apply if the trader proposes to collect the goods personally or through a person designated by it. The period under the first sentence is deemed to have been observed if the consumer sends the goods to the trader no later than on the last day of the period.<\/p>\n
13.2. Upon withdrawal from a distance contract or from a contract concluded away from the trader’s business premises under point 12.1., the consumer bears only the costs of returning the goods to the trader or to a person designated by the trader to take receipt of the goods; this does not apply if the trader agreed to bear the costs itself, or if the trader failed to fulfil the information obligation, i.e. if the trader did not provide the consumer with the specific information regarding instruction on the consumer’s right to withdraw from a distance contract and a contract concluded away from the trader’s business premises.<\/p>\n
13.3. The consumer is liable for any diminution in the value of the goods resulting from handling the goods in a manner going beyond what is necessary to establish the nature, characteristics, and functioning of the goods; this does not apply if the trader failed to fulfil the information obligation under Section 15(1)(f) of Act No. 108\/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended.<\/p>\n
13.4. The consumer is obliged to pay the trader the price for the performance actually provided up to the day of delivery of the notice of withdrawal from the contract, if the consumer, pursuant to Section 19(1) of Act No. 108\/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, withdraws from a distance contract or a contract concluded away from the trader’s business premises the subject of which is the provision of a service, the supply of water that is not put up for sale in a limited volume or a set quantity, or the supply of heat, and gave express consent under Section 17(10)(c) of Act No. 108\/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, before the commencement of the performance. The price for the performance actually provided is calculated proportionally on the basis of the total price agreed in the contract. The price for the performance actually provided is calculated on the basis of the market price of the performance provided, if the total price agreed in the contract is overvalued.<\/p>\n
13.5. Other than the obligations under points 13.1., 13.3. to 13.5. and the obligation to pay the additional costs under point 14.3., the consumer does not incur any other obligations or costs as a result of exercising the right of withdrawal from a distance contract or a contract concluded away from the trader’s business premises under point 11.1.<\/p>\n
14.1. The trader is obliged, within 14 days from the date of delivery of the notice of withdrawal from the contract, to refund the consumer all payments received from the consumer on the basis of or in connection with the distance contract, the contract concluded away from the trader’s business premises, or an ancillary contract, including the costs of transport, delivery, postage, and other costs and charges.<\/p>\n
14.2. The trader is obliged to refund the consumer all payments under point 14.1. to the extent corresponding to the withdrawal from the contract, if the consumer has not withdrawn from the entire distance contract or the entire contract concluded away from the trader’s business premises. The trader may not charge the consumer any additional costs for transport, delivery, postage, and other costs and charges.<\/p>\n
14.3. The trader is not obliged to reimburse the consumer for additional costs if the consumer has expressly chosen a delivery method other than the cheapest standard delivery method offered by the trader. Additional costs mean the difference between the costs of the delivery method chosen by the consumer and the costs of the cheapest standard delivery method offered by the trader.<\/p>\n
14.4. The trader may not require the consumer to pay costs for<\/p>\n
a) the provision of a service, the supply of water that is not put up for sale in a limited volume or a set quantity, or the supply of heat during the running of the withdrawal period under points 12.1. to 12.3., irrespective of the extent of the performance provided, if:<\/p>\n
the trader did not provide the consumer with information under Section 15(1)(f) or (h) of Act No. 108\/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, or<\/p>\n
the consumer did not give the trader express consent to the commencement of the provision of the service or the supply of water or heat under Section 17(10)(c) of Act No. 108\/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,<\/p>\n
b) the complete or partial supply of digital content which the trader supplies otherwise than on a tangible medium, if:<\/p>\n
the consumer did not give the trader express consent to the commencement of the supply of digital content under Section 17(10)(c) of Act No. 108\/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,<\/p>\n
the consumer did not declare that they were duly informed that, by giving consent under the first point, they lose the right to withdraw from the contract, or<\/p>\n
the trader did not provide the consumer with confirmation under Section 17(12)(b) or (13)(b) of Act No. 108\/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended.<\/p>\n
14.5. Upon withdrawal from a distance contract or a contract concluded away from the trader’s business premises, the subject of which is the delivery of goods, the trader is not obliged to refund the payments to the consumer under point 14.1. before the goods have been delivered to it or before the consumer proves that the goods have been sent back to the trader, unless the trader proposes to collect the goods personally or through a person designated by it.<\/p>\n
14.6. The trader is obliged to refund the payments to the consumer under point 14.1. by the same method that the consumer used for their payment; this does not affect the trader’s right to agree with the consumer on another method of payment, provided that the consumer is not charged any fees in connection therewith.<\/p>\n
14.7. The trader is obliged to arrange for the collection of the goods at its own expense within the period under point 14.1., if, under a contract concluded away from the trader’s business premises, the goods were delivered to the consumer’s home at the time the contract was concluded and, given the nature of the goods, it is not possible to send the goods back to the trader by post.<\/p>\n
14.8. Unilateral set-off of claims of the trader and the consumer arising from withdrawal from the contract under point 11.1. is prohibited.<\/p>\n
15.1. The competent authority exercising supervision over legality in the field of consumer protection is:<\/p>\n