General Terms and Conditions
Seller Information:
Name: Programme Health a. s.
Address: Steinov dvor 2, 811 07 Bratislava
Company ID (IČO): 46 433 350
Tax ID (DIČ): 2023397002
Registration: Commercial Register of the District Court Bratislava I, Section: Sa, Insert Number: 5436/B
IBAN: SK70 1100 0000 0029 2186 7388
Phone: +421 918 888 807
Email: info@ioy.sk
(hereinafter referred to as the "Seller")
Article 1: Introductory Provisions
1.1 These general terms and conditions regulate the rights and obligations of the contracting parties arising from the purchase contract concluded between the seller and the buyer, the subject of which is the purchase and sale of goods on the seller's online store.
1.2 The supervising authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region, Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava, Department of Supervision, phone no. 02/58 27 21 72, 02/58 27 21 04.
1.3 The operator of the online store publishes a list of goods offered to customers and allows customers to order goods at the internet address: shop.yes.organic (hereinafter referred to as "online store"). These terms and conditions are tied to purchases in the online store.
1.4 The contracting parties agreed that by checking the box before sending the order to the seller, the buyer confirms that he agrees that these general terms and conditions and their terms and provisions will apply to all purchase contracts concluded on the seller's online store website www.ioy.sk based on which the seller delivers goods presented on the mentioned website to the buyer (hereinafter referred to as the "purchase contract") and to all relationships between the seller and the buyer, particularly during the conclusion of the purchase contract and the complaint of goods.
1.5 These general terms and conditions are an integral part of the purchase contract. If the seller and the buyer conclude a written purchase contract, in which they agree on conditions different from these general terms and conditions, the provisions of the purchase contract will take precedence over the general terms and conditions.
1.6 Information about the goods listed in the online store catalog is drawn from publicly accessible sources and the official websites of the manufacturers. The operator of the online store reserves the right to change the information about the goods listed in the online store catalog without prior notice.
Article 2: Ordering Goods, Order Confirmation, and Method of Concluding the Purchase Contract
2.1 Unless otherwise stated for the given goods, the goods listed in the online store catalog are ordered by the customer following the procedure specified in the menu of the online store.
2.2 Sending an order is not conditional on the customer's registration in the operator's online store database.
2.3 After sending the order, the customer will be sent an informational email with the subject "Order Registration", which confirms the inclusion of the order for processing. This does not yet constitute a purchase contract between the supplier and the customer nor does it confirm the order. All further information regarding the order will be sent to the customer to the provided email address if necessary.
2.4 After verifying the availability of the goods and the applicable prices, the online store operator will confirm the order to the customer by email or telephone. Upon order confirmation, the total price of the ordered goods and services, along with the delivery date and other details required by Slovak law, will be confirmed. If a higher price for the goods is discovered than what was listed in the online store catalog, the online store operator is required to obtain the customer's consent to the price change per the current price list before confirming the order. The buyer has the right to withdraw from the contract in such a case. By granting the customer's consent to the price change and subsequently confirming the order by the online store operator, the contractual relationship is considered concluded under the relevant provisions of the Civil Code.
2.5 If the buyer fails to pick up the goods after telephone or email order confirmation without prior written withdrawal from the contract, the seller reserves the right to claim compensation for the damage incurred in the amount of the actual costs of the unsuccessful delivery attempt.
2.6 All received electronic orders are considered a proposal for a contract and are considered binding.
2.7 The purchase contract is concluded by the seller's binding acceptance of the buyer's proposal for concluding the purchase contract.
2.8 The binding acceptance of the buyer's order by the seller is an email confirmation by the seller to the buyer about the acceptance of the order after receiving the order from the buyer and verifying the availability of the goods, valid prices, and the delivery date of the goods requested by the buyer.
2.9 The binding acceptance of the order includes information about the name and specification of the goods, the sale of which is the subject of the purchase contract, information about the price of the goods and/or other services, information about the delivery period of the goods, the name and details of the place where the goods are to be delivered, and information about the price, conditions, method, and delivery date of the goods to the agreed place for the buyer, information about the seller (business name, registered office, company ID, registration number, etc.) and other details required by law.
2.10 In the event of ongoing promotions, the sale of goods on the seller's website is governed not only by these general terms and conditions but also by the binding conditions of the relevant promotion. If the buyer orders goods in violation of the conditions of the relevant promotion, the seller is entitled to cancel the buyer's order. The customer will be informed of the order cancellation via email, and in the case of payment of the purchase price or part thereof, the funds will be refunded within 14 days to the account specified by the customer unless agreed otherwise with the seller.
Article 3: Rights and Obligations of the Seller
3.1 The seller is obliged to:
- deliver the goods to the buyer in the agreed quantity, quality, and date based on the order confirmed by the seller, and pack it or prepare it for transport in a way necessary for its preservation and protection,
- ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic,
- immediately after the conclusion of the purchase contract, but no later than with the delivery of the goods, provide the buyer with confirmation of the concluded purchase contract on a durable medium, for example via email,
- provide the buyer no later than together with the goods in written or electronic form all documents necessary for taking over and using the goods and other documents prescribed by valid legal regulations (instructions in Slovak, warranty card, delivery note, tax document).
3.2 The seller has the right to timely and properly pay the purchase price from the buyer for the delivered goods.
3.3 The seller has the right to cancel the order if, due to the depletion of stocks or unavailability of goods, he is unable to deliver the goods to the buyer within the period specified in these terms and conditions or at the price listed in the online store, unless he agrees with the customer on substitute performance. The customer will be informed of the order cancellation by phone or email, and in the case of payment of the purchase price or part thereof, the funds will be refunded within 14 days of the order cancellation to the account specified by the customer unless agreed otherwise with the seller.
3.4 The seller reserves the right to verify the identity of the buyer or the person authorized to collect the goods during personal collection of the goods at its stores in cases where the delivery of the goods is paid in advance by card, bank transfer, or through an invoice with maturity.
Article 4: Rights and Obligations of the Buyer
4.1 The buyer has been informed by the seller that the order includes the obligation to pay the purchase price.
4.2 The buyer is obliged to:
- take over the purchased or ordered goods,
- pay the agreed purchase price to the seller within the agreed maturity period, including the costs of delivering the goods,
- not damage the good reputation of the seller,
- confirm receipt of the goods by signing the delivery note or by a person authorized by him.
4.3 The buyer has the right to deliver the goods in the agreed quantity, quality, date, and place agreed by the contracting parties in the binding acceptance of the order.
4.4 The buyer has the right to submit a complaint through the alternative dispute resolution platform RSO (online dispute resolution), which is available online.
4.5 The alternative dispute resolution according to point 4.4 can only be used by the buyer - a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activities, employment, or profession. The alternative dispute resolution only applies to disputes between the consumer and the seller arising from or related to the consumer contract. The alternative dispute resolution only applies to contracts concluded remotely. The alternative dispute resolution (ARS) does not apply to disputes where the value of the dispute does not exceed 20 EUR including VAT. The ARS entity may request a fee for initiating the alternative dispute resolution from the consumer up to a maximum of 5 EUR including VAT.
4.6 The detailed regulation of ARS is contained in Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and Amendments to Certain Acts, and Regulation of the European Parliament and Council (EU) No. 524/2013, and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Services Based on a Distance or Off-Premises Contract and Amendments to Certain Acts.
4.7 The competent entity for alternative dispute resolution with the seller Programme Health a.s. is the Slovak Trade Inspection Bajkalská 21/A, P.O.BOX 29, 827 99 Bratislava 27, www.soi.sk, or another competent authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the website http://www.mhsr.sk); the consumer has the right to choose which of the mentioned alternative dispute resolution entities to contact.
Article 5: Delivery and Payment Terms
5.1 Goods are sold according to the displayed samples, catalogs, type sheets, and sample books of the seller placed on the website of the seller's online store.
5.2 After issuing the invoice, the goods will be sent to the customer if they have ordered this service. The seller will send the tax document - invoice, possibly also the delivery note and warranty card (if delivered with the goods) together with the goods.
5.3 Unless otherwise agreed, the operator undertakes to deliver the goods within 30 days of the email confirmation of the order to the customer. If the operator has not fulfilled his obligation to deliver the goods within the period according to the first sentence, the buyer will invite him to deliver the goods within the additional reasonable period he provides. If the seller does not deliver the goods even within this additional reasonable period, the buyer is entitled to withdraw from the contract.
5.4 In the case that the package is delivered by a courier company, the buyer must visually inspect the package. If the customer finds incompleteness or damage to the package, a record will be made with the delivery person. The customer is obliged to unpack the goods completely and check for any mechanical damage immediately after receiving the package. In case of mechanical damage, the customer is obliged to inform the operator immediately, who will agree on the next steps with the customer. Later complaints of mechanical damage will only be recognized if the customer proves that the goods had the claimed defects at the time of receipt from the delivery person. If the delivered package is visibly damaged, the customer should not sign the delivery note for the delivery person until they check the goods under the packaging in their presence. In case of damage to the goods, the customer should document the damage (preferably with a photograph), write a complaint with the delivery person, and inform the operator of this fact without delay.
5.5 If the buyer without reason refuses to accept and pay for the goods on delivery without prior written withdrawal from the contract, the operator of the online store is entitled to claim compensation for the damage incurred in the amount of the actual costs of the attempt to deliver the goods (price charged by the delivery person).
5.6 The place of performance of the contract (delivery of goods) is understood to be the seat (residence), place of business of the buyer, or another place of delivery specified by the buyer, which is specified in the customer information when ordering goods. The goods can be delivered by the operator using third-party services (delivery service). If the buyer, without prior written withdrawal from the contract, does not accept the goods within 7 days after the deadline specified in the purchase contract, the seller has the right to claim compensation for the damage incurred in the amount of the actual costs of the attempt to unsuccessfully deliver the order. After 14 days from the day when the buyer was obliged to take over the goods, the seller is entitled to withdraw from the purchase contract and sell the goods to a third party.
5.7 If the seller delivers the goods to the buyer to the place specified in the purchase contract, the buyer is obliged to accept the goods personally or ensure that the goods are accepted by a person authorized by him in case of his absence to accept the goods specified in the purchase contract and sign the protocol on delivery and receipt of the goods. The third person authorized to accept the goods specified in the purchase contract is obliged to present the seller with the original or a copy of the purchase contract and the payment document for the goods and a written power of attorney. If it is necessary to repeat the delivery of the goods due to the buyer's absence at the place specified in the purchase contract, all costs incurred will be borne by the buyer.
5.8 The seller is entitled to invite the buyer to accept the goods before the expiry of the period agreed in the purchase contract.
5.9 The delivery of the goods is made by handing it over to the buyer at the agreed place.
5.10 The buyer is entitled to withdraw from the purchase contract and the seller is obliged to return the part of the purchase price already paid to the buyer within 14 days of receiving the withdrawal from the purchase contract without cash transfer to the buyer's account specified by the buyer.
5.11 The buyer is obliged to pay the seller the purchase price, including the delivery costs of the goods in cash or by payment card upon personal collection of the goods, by cash on delivery at the place of delivery of the goods, or by bank transfer to the seller's account, specified in the order acceptance or on the seller's website before taking over the goods. The buyer can also use the possibility of consumer installment credit.
5.12 When paying on delivery, the customer is charged an additional fee according to the current delivery price list in addition to the price of the goods. The total payment for the cash on delivery is paid in full to the courier upon receipt of the package.
5.13 In the case of payment by transfer to the account, the customer makes the payment immediately after confirming the order, but no later than within 3 calendar days. Unless expressly agreed otherwise by the parties in a specific case, the purchased goods will be dispatched only after the payment of its price, which means crediting the entire price of the goods including any additional shipping charges to the account of the online store operator. If the payment is not credited to the account of the online store operator within three calendar days from the confirmation of the order, the operator has the right to cancel the order in question.
5.14 In the case that the parties have a mutual right to the return of the provided performances, they will settle these obligations within 14 days from the creation of the right to the return of performances, i.e., from the valid withdrawal from the purchase contract.
Article 6: Purchase Price, Postage, and Packaging
6.1 The buyer is obliged to pay the seller the purchase price of the goods agreed in the purchase contract and/or according to the seller's price list valid at the time of concluding the purchase contract including the delivery costs of the goods (hereinafter referred to as the "purchase price").
6.2 In the case that the buyer pays the purchase price to the seller by bank transfer, the payment day is considered to be the day when the entire purchase price is credited to the seller's account.
6.3 Unless expressly agreed otherwise by the parties in a specific case, the buyer is obliged to pay the seller the purchase price for the agreed goods within the period according to the purchase contract, but no later than upon receipt of the goods.
6.4 In the case that the buyer pays the purchase price to the seller for the goods agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand the return of the purchase price only in accordance with the valid legal regulations of the Slovak Republic and these General Terms and Conditions.
6.5 The price of the goods includes recycling fees. In some cases, the price does not include the costs of delivering the ordered goods to the place of destination, which is provided as an additional service (these cases are specified in the delivery price list published on the website www.ioy.sk). All promotions are valid until stocks are depleted, unless otherwise stated for the specific product.
6.6 The operator may change the price of the goods listed in the online store catalog before confirming the order in case of changes in legal regulations, exchange rate changes, significant inflation increases, and changes in prices from manufacturers or suppliers of goods, or if it finds that the price was erroneously stated. The operator of the online store is obliged to inform the customer of this fact. The operator of the online store is obliged to obtain the customer's consent to the price change according to the current price list before confirming the order. The buyer has the right to withdraw from the contract in such a case.
Article 7: Transfer of Ownership and Risk of Damage to Goods
7.1 By taking over the goods at the agreed place, ownership rights to the goods are transferred to the buyer. The buyer, who does not meet the definition of a consumer as stated in § 2 letter a) of Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act No. 372/1990 Coll. on Offences as amended, acquires ownership rights to the goods only after full payment of the entire purchase price for the goods.
7.2 The risk of damage to the goods passes to the buyer at the time when the buyer or a third person authorized by the buyer takes over the goods from the seller or its representative, authorized to deliver the goods, or if he does not do so in time, then at the time when the seller allows the buyer to handle the goods and the buyer does not take over the goods.
Article 8: Binding Offer, Order Cancellation, Return of Goods
8.1 The operator is bound by the offer including the price of the goods from the confirmation of the order by electronic communication until the expiry of the delivery period agreed with the customer.
8.2 The buyer acknowledges that if the buyer orders goods at a price published by mistake due to an error in the internal information system, the operator is entitled to withdraw from the purchase contract, even after the buyer has received an email confirming his order. In such a case, the operator will inform the buyer of this fact. Examples where the price may be published incorrectly include:
- the price of the goods is obviously incorrect (e.g., it does not take into account the purchase price),
- the price of the goods is missing one or more digits,
- the discount on the goods exceeds more than 50%, without the goods being part of a special marketing campaign or clearance sale marked with a special symbol.
8.3 If the buyer does not take over the goods after telephone or email confirmation of the order without prior written withdrawal from the contract, the seller reserves the right to claim compensation for the damage incurred in the amount of the actual costs of the unsuccessful delivery attempt.
8.4 If the customer cancels the order or withdraws from the contract due to the failure to meet the published price or delivery period by the operator of the online store, no cancellation fee will be charged and the paid deposit or the entire amount will be refunded within 14 calendar days from the date of receipt of the notification of withdrawal from the contract (order cancellation) by non-cash transfer to the bank account specified by the buyer, unless otherwise agreed.
8.5 The customer may cancel the order in accordance with these terms and conditions by sending a request to the operator's email address or in person at the seller's registered office address.
8.6 The operator of the online store has the right to cancel the order if, due to the depletion of stocks or unavailability of goods, even with all reasonable efforts, which can be reasonably demanded from him, he is unable to deliver the goods to the customer within the period specified in these terms and conditions or at the price listed in the online store unless he agrees with the customer otherwise.
8.7 The operator of the online store has the right to cancel the order if he is unable to contact the customer – by phone, email (within 14 working days from receipt of the electronic order from the customer, or from its confirmation).
8.8 The customer will be demonstrably informed of the order cancellation by phone or email.
8.9 If the buyer has already paid for the canceled order for goods in whole or in part, this amount will be refunded to him within 14 calendar days from the date of receipt of the notification of withdrawal from the contract (order cancellation) by non-cash transfer to the account specified by the buyer.
8.10 Only unused, undamaged goods in the original packaging can be returned.
8.11 If the conditions for returning the goods are met, the entire amount paid for the goods will be refunded to the buyer.
Article 9: Processing of Personal Data
9.1 The contracting parties agreed that for the proper processing and delivery of the order, the buyer, if a natural person, is obliged to provide the seller with his name and surname, permanent address including postal code, telephone number, and email address in the order.
9.2 The processing of personal data is subject to the document Conditions of Personal Data Protection, which form part of these General Terms and Conditions and are published on the seller's website www.ioy.sk.
Article 10: Withdrawal from the Purchase Contract
10.1 The customer has the right to withdraw from the purchase contract under the conditions regulated by Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance or Off-Premises Contract and on Amendments to Certain Acts, within 14 days from the date of receipt of the goods. The goods are considered to have been taken over by the buyer at the moment when the buyer or a third person designated by him, excluding the carrier, takes over all parts of the ordered goods.
10.2 The customer – the consumer has the right within this period to unpack and test the goods in a manner customary in a "brick-and-mortar" store. Testing does not mean starting to use the goods and subsequently returning them to the seller. Reasonable care for the goods must be maintained.
10.3 The returned goods must be sent by the customer to the seller complete and undamaged, without obvious signs of unreasonable or excessive use. The goods should be returned with all accessories. The customer must send the goods back in the original packaging, unused and undamaged, including accessories (original tax document for purchase) to the address of the seller's operation: Steinov dvor 2, 811 07 Bratislava.
10.4 If the operator of the online store and the customer do not agree otherwise, the customer cannot withdraw from the contract, the subject of which is
- the sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
- the sale of goods that are subject to rapid quality deterioration or spoilage,
- the sale of goods sealed in protective packaging, which is not suitable to be returned due to health protection or hygienic reasons (e.g., creams, etc.) and whose protective packaging was broken after delivery,
- the sale of goods that can be inseparably mixed with other goods after delivery due to their nature.
10.5 In the case of valid and effective withdrawal from the contract, the operator of the online store will refund the paid purchase price to the customer without undue delay, but no later than within 14 days from the date of receipt of the notification of withdrawal from the contract by bank transfer to the account specified by the customer, or by postal order. If the goods are returned incomplete, damaged, or in a condition indicating non-compliance with reasonable care by the customer, or excessive unreasonable wear and tear by the customer, the customer is obliged to cover the costs incurred by the operator in restoring the product to its original condition.
10.6 The customer exercises his right to withdraw from the contract in writing at the registered office of the company or by email to the address: info@ioy.sk.
10.7 The seller is entitled to withdraw from the purchase contract due to the depletion of stocks, unavailability of goods, or if the manufacturer, importer, or supplier of the goods agreed in the purchase contract has discontinued production or made such significant changes that made it impossible to fulfill the seller's obligations under the purchase contract, or due to force majeure, or if, even with all reasonable efforts that can be reasonably required, he is unable to deliver the goods to the customer within the period specified in these terms and conditions or at the price listed in the online store. The seller is obliged to inform the buyer immediately of this fact and return the already paid deposit for the goods agreed in the purchase contract within 14 days of the notice of withdrawal from the contract by bank transfer to the account specified by the buyer.
10.8 The buyer will be prompted before sending the order to check the box before sending the order to confirm that the seller has sufficiently, understandably, and unambiguously informed him of:
- his identification data, which are listed in Article 1 of these terms and conditions,
- the identification data of the third party, which is the company that will deliver the ordered goods to the buyer, as these data are listed in the acceptance,
- the purpose of processing personal data, which is the conclusion of the purchase contract between the seller and the buyer,
- that the seller will process the buyer's personal data to the extent of name and surname, permanent address including postal code, telephone number, and email address if the buyer is a natural person, and to the extent of business name, registered office address including postal code, company ID, telephone number, and email address if the buyer is a legal entity,
- that the buyer is obliged to provide the required personal data.
10.9 The form for withdrawal from the contract is published on the seller's website www.ioy.sk.
10.10 If the buyer withdraws from the purchase contract, any ancillary contract related to the contract from which the buyer withdrew is also canceled from the beginning.
10.11 The buyer may withdraw from the purchase contract for the delivery of goods even before the withdrawal period begins. The withdrawal period is preserved if the buyer sends a notice of the exercise of the right to withdraw from the contract before the withdrawal period expires.
10.12 Upon withdrawal from the purchase contract, the seller will refund the buyer all payments that the buyer has demonstrably made in connection with the conclusion of the purchase contract. However, the seller is not obliged to refund the buyer additional costs if the buyer has chosen a delivery method other than the cheapest standard delivery method offered by the seller. Additional costs are understood as the difference between the delivery costs chosen by the buyer and the costs of the cheapest standard delivery method offered by the seller. Payments will be refunded to the buyer within 14 days from the day the seller receives the buyer's notice of withdrawal from the purchase contract. The refund will be made in the same way the buyer used to pay the seller unless the buyer agrees with the seller on a different method of refund.
10.13 The seller is not obliged to refund the buyer all payments according to point 10.12 of these General Terms and Conditions before the goods have been returned to the seller or before the buyer proves the sending of the goods back to the seller. The payment for the purchased goods will be refunded by the seller to the buyer after the goods are returned to the address of the seller's registered office.
10.14 In the case that the buyer withdraws from the contract and returns the goods to the seller, which are used and damaged or incomplete or the value of the goods in question is reduced due to handling the goods beyond what is necessary to determine the nature and functionality of the goods, the seller has the right to claim compensation from the buyer for the damage in the amount of the cost of repairing the goods and restoring the goods to their original condition or the seller has the right to demand from the consumer the reimbursement of the reduction in the value of the goods.
10.15 The buyer is obliged to send back or hand over the goods to the seller, including accessories, together with the original tax document for purchase within 14 days from the date of withdrawal from the contract, if possible in the original packaging.
10.16 Upon withdrawal from the contract, the buyer bears the direct costs of returning the goods to the seller or a person authorized by the seller to take over the goods. Based on available information, the estimated cost of these costs, depending on the size, weight of the goods, the distance from which the goods are returned, and the prices for which the selected carrier provides its services, is from 5 to 50 EUR.
10.17 If the buyer does not fulfill any of the obligations stated in these terms and conditions, the withdrawal from the purchase contract is not valid and effective, and the seller is not obliged to refund all demonstrable payments according to point 10.12 of these General Terms and Conditions to the buyer and also has the right to claim the costs associated with sending the goods back to the buyer.
10.18 If the buyer purchased the goods as an entrepreneur: legal entity or natural person, the right to withdraw from the contract does not arise in such a case. In such a case, the withdrawal from the contract regime is governed by the Commercial Code.
Article 11: Complaint Procedure
11.1 If it is not about perishable goods or used goods, the seller is responsible for defects that occur after taking over the goods within the warranty period (warranty). The warranty period is 24 months. If the shelf life is marked on the sold goods, their packaging, or the instructions attached to them, the warranty period does not end before the expiry of this period.
11.2 The buyer makes a complaint in writing, by email at info@ioy.sk or in person at the sales location at Steinov dvor 2, 811 07 Bratislava. The warranty period runs from the date of receipt of the goods.
11.3 The seller is responsible for defects discovered in the sold goods upon receipt by the buyer and for defects that occur after receipt and use of the goods during the warranty period.
11.4 The seller is not responsible for defects caused mainly by mechanical damage, an unavoidable event - natural disaster, incorrect handling - contrary to the instructions for use and usual manner of use.
11.5 The seller will determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the date of the complaint, in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of the complaint. The handling of the complaint will be notified to the buyer by phone or in writing by email. The handling of the complaint must not take longer than 30 days from the date of receipt of the complained goods by the seller. After the expiration of the period for handling the complaint, the buyer has the right to withdraw from the purchase contract or the right to exchange the goods for new goods. The complaint can be handled by delivering the repaired goods, exchanging the goods, refunding the purchase price of the goods, paying an appropriate discount on the price of the goods, a written call to take over the performance, or justifying the rejection.
11.6 If the buyer makes a complaint about the goods within the first 12 months from the purchase, the seller can handle the complaint by rejection only based on an expert assessment; regardless of the result of the expert assessment, the buyer cannot be required to cover the costs of the expert assessment or other costs related to the expert assessment.
11.7 If the buyer makes a complaint about the goods after 12 months from the purchase and the seller rejects it, the person who handled the complaint is obliged to state in the complaint handling document to whom the buyer can send the goods for expert assessment. If the goods are sent for expert assessment to the designated person, the costs of the expert assessment, as well as all other purposefully incurred costs related to the expert assessment, are borne by the seller regardless of the result of the expert assessment. If the buyer proves the seller's responsibility for the defect through the expert assessment, he can make the complaint again; during the performance of the expert assessment, the warranty period does not run. The seller is obliged to reimburse the buyer within 14 days from the date of the renewed complaint all costs incurred for the expert assessment, as well as all other purposefully incurred costs. The renewed complaint cannot be rejected.
11.8 The seller is obliged to issue the buyer a confirmation upon making a complaint as well as to issue a written document on the handling of the complaint no later than 30 days from the date of the complaint. The buyer will be informed of the result of the complaint immediately after the end of the complaint procedure by email, or by phone and will also be delivered by email, or together with the goods, a copy of the complaint protocol. The seller is obliged to provide the buyer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint.
11.9 If the buyer is not satisfied with the way the seller handled his complaint or if he believes that the seller has violated his rights, he has the possibility to contact the seller with a request for remedy. If the seller responds to the request for remedy negatively or does not respond within 30 days from its sending, the buyer has the right to submit a proposal to initiate an alternative resolution of his dispute and has the right to proceed according to points 4.5 to 4.7 of these conditions.
Article 12: Final Provisions
12.1 The seller reserves the right to change these General Terms and Conditions. The obligation to notify changes to these General Terms and Conditions is fulfilled by placing them on the seller's online store website.
12.2 If the purchase contract is concluded in written form, any change must be made in written form.
12.3 In case of doubts, the contracting parties agreed that the duration of use is considered the period from the delivery of the goods to the buyer (including the day of delivery) to the day of returning the goods to the seller, respectively by handing over the goods to the courier service for the purpose of its transport to the seller.
12.4 The contracting parties agreed that communication between them will be conducted mainly in the form of email messages, respectively by mail, or by phone.
12.5 Purchase contracts concluded through the online store are governed by the relevant provisions of Act No. 22/2004 Coll. on Electronic Commerce, Act No. 250/2007 Coll. on Consumer Protection, Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance or Off-Premises Contract and on Amendments to Certain Acts, as well as Act No. 40/1964 Coll. Civil Code and these General Terms and Conditions regulating details of their conclusion and implementation. All contractual relationships between the seller and the buyer are concluded in accordance with the legal order of the Slovak Republic. If the contracting party is not a consumer, the legal relationships not regulated by these General Terms and Conditions are governed by Act No. 513/1991 Coll. Commercial Code, as amended.
12.6 These general terms and conditions take effect for the buyer by sending the electronic order by the buyer.
12.7 By checking the box before sending the order, the buyer confirms that he has read these General Terms and Conditions, including the Conditions of Personal Data Protection, which are part of them, understood their content, and fully agrees with them.