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Terms & Conditions

1. General regulations

These business and warranty conditions regulate the rights and obligations of the contracting parties arising from the purchase contract concluded between the seller, which is Florbal sro, with its registered office at Tomášikova 13, 821 01 Bratislava, ID number: 44887001, registered in the Commercial Register of the Bratislava I District Court, Section: Sro., Insert no. 121506 / B (hereinafter referred to as the "seller") and the buyer, the object of which is the purchase and sale of goods on the seller's e-commerce website.

Contact information of the seller:

Florbal s.r.o., with its registered office at Tomášikova 13, 821 01 Bratislava, Business ID: 44887001, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert no. 121506 / B

Tax ID: 2022868793
VAT reg. no.: SK2022868793
Shop: Tomášikova 13, 821 01 Bratislava
Phone number: +421 948 495 924
E-mail: obchod@florbal4u.com

Supervisory Authority:

Slovak Trade Inspection (SOI)
The Inspectorate of the Slovak Trade Inspection with the seat in Bratislava for the region of Bratislava
Prievozská 32, P.O. Box 5,820 07 Bratislava 27
Department of Technical Product Inspection and Consumer Protection and Legal Department
tel. number.: 02/ 58272 172, 02/58272 104 fax number.: 02/ 58272 170

http://www.soi.sk

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

 

  1. These business and warranty conditions, as amended on the day of concluding the purchase contract, are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written purchase agreement in which they agree on conditions deviating from these business and warranty conditions, the regulations of the purchase contract will take precedence over these business and complaint conditions. The conditions agreed in this way must not be in conflict with other legal regulations (shortening the period for returning the goods, warranty period, etc.). All contractual relations are concluded in accordance with the law of the Slovak Republic.

  2. For the purposes of these terms and conditions, the supplementary contract means a contract under which the buyer acquires goods or is provided with a service related to the subject of the purchase contract, if the goods are delivered or a service provided by the seller or a third party under their agreement.

  3. The purchase price for the goods displayed on any e-commerce website operated by the seller also includes value added tax in the amount specified by the applicable legislation of the Slovak Republic and does not include the price for the transport of goods or other optional services. All discounts are valid until stocks are sold out, unless otherwise stated for a specific product.

  4. The seller reserves the right at any time to adjust the price of the goods listed on any e-commerce website operated by the seller. The change in the price of the goods does not apply to purchase contracts concluded before the change in the price, regardless of the fact that the goods have not yet been delivered.

  5. In the event that the seller does not comply with its obligations set out in the applicable legislation of the Slovak Republic or the European Communities or in these terms and conditions, the buyer may exercise his right against the seller through the competent court.

 

2. Method of concluding the purchase contract

  1. The proposal to conclude the purchase contract is sent by the buyer to the seller in the form of a completed and sent form on the seller's website, which sent a proposal to conclude a purchase contract, the subject of which is the transfer of ownership hereinafter referred to as the "order").

  2. Following the sending of the order, the buyer will receive to his e-mail address an automatically executed notification of receipt of the order in the electronic system of the seller (hereinafter "confirmation of delivery of the order"). If necessary, all other information regarding his order can be sent to the buyer's e-mail address.

  3. The delivery confirmation contains information that the order has been delivered to the seller, but it is not an acceptance of the proposal to conclude a purchase contract.

  4. The seller will then send to the buyer's e-mail address information on whether the buyer's order has been accepted (hereinafter referred to as "order acceptance"). Acceptance of the order contains information on the name and specification of the goods, the sale of which is the subject of the purchase contract, as well as information on the price of goods and / or other services, information on the expected delivery time, name and information on where the goods are to be delivered and information on any price, conditions, method and date of transport of goods to the agreed place of delivery of goods for the buyer, details of the seller (business name, registered office, ID number, registration number in the commercial register, etc.), or other necessary information.

  5. The purchase contract is concluded by delivering the acceptance of the order in electronic or written form to the buyer.

  6. Prior to sending the order, the seller has informed the buyer of the pre-contractual information concerning the complaint, payment, business, transport and other conditions in a clear, unambiguous, comprehensible and irreplaceable manner, by:

  1. providing the main characteristics of the goods or services to the extent appropriate to the means of communication and goods or services used. informed on the relevant e-commerce catalog page of the seller,

  2. informing the Seller's trade name and registered office on the relevant sub-page of the Seller's e-shop and in part 1 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

  3. the Seller's telephone number and other data important for the Buyer's contact with the Seller, in particular the address of his e-mail and the fax number, if he has them, informed them on the relevant subpage of the seller's e-commerce and in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

  4. submitting a complaint to the Seller's address at which the Buyer may file a claim for goods or services or another initiative informed in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

  5. by the total price of the goods or services including value added tax and all other taxes or if due to the nature of the goods or services, the price cannot be reasonably determined in advance, the way in which it is calculated, as well as transport, delivery, postage and other costs and charges, or if these costs and charges cannot be determined in advance will be obliged to pay informed on the relevant e-commerce catalog page of the seller,

  6. the payment terms, delivery conditions, the period within which the seller undertakes to deliver the goods. or provide the service, the information on the procedures for the application and handling of complaints, grievances and suggestions of the buyer in the relevant articles of these terms and conditions and complaints, which are located on the relevant sub-page of the seller's e-commerce,

  7. informing about the buyer's right to withdraw from the purchase contract, conditions, period and procedure and exercise of the right of withdrawal was informed in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

  8. informing about the provision of the form for withdrawal from the purchase contract in Art. 10 and in the appendix to these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce; the seller also provided the form for withdrawal from the purchase contract in the enclosure to these terms and conditions and complaints, which are located on the relevant subpage of the seller's e-shop

  9. the information that if the buyer withdraws from the purchase contract will bear the costs of return goods to the seller according to § 10 par. 3 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the seller's premises and amending certain laws (hereinafter "Act on consumer protection in distance selling"), and if it withdraws from the purchase contract the cost of returning the goods, which due to its nature cannot be returned by post informed in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

  10. the Buyer's obligation to pay the Seller the price for the fulfillment provided under § 10 para. 5 of the Act on Consumer Protection in Distance Selling, if the buyer withdraws from the service contract after giving the seller explicit consent under § 4 para. 6 of the Act on Consumer Protection in Distance Selling informed in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

  11. informing the Buyer of the circumstances in which the Buyer loses the right to withdraw from the Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

  12. informing the Seller of liability for defects of goods or services pursuant to Art. § 622 and 623 of the Civil Code informed in Art. 8 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

  13. the existence and details of the warranty provided by the manufacturer or the seller according to stricter principles than stipulated by para. § 502 of the Civil Code, if provided by the manufacturer or seller, as well as information on the existence and conditions of assistance and services provided to the buyer after the sale of goods or provision of services, if such assistance is provided on the relevant e-commerce catalog page of the seller and Art. 9 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

  14. the existence of the relevant codes of conduct which the seller has undertaken to comply with and the way in which the buyer can acquaint them with them or get their wording informed on the relevant catalog page of the seller's e-shop,

  15. the fact that the duration of the contract, if it is a contract concluded for a definite period; in the case of a contract concluded for an indefinite period or in the case of a contract in which its validity is automatically extended, he also informed the information about the conditions of termination of the contract on the relevant e-commerce catalog page of the seller and these terms and conditions, which are located on the relevant subpage the seller's business,

  16. the minimum duration of the buyer's obligations under the purchase contract, if the purchase contract the buyer has been informed of such an obligation on the relevant catalog page of the seller's e-commerce and in these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

  17. the Buyer's obligation to pay an advance or provide other financial security at the Seller's request and the conditions apply to its provision if the purchase contract implies such an obligation for the buyer to inform on the relevant catalog page of the seller's e-commerce and in these terms and conditions, which are located on the relevant subpage of the seller's e-commerce,

  18. informing about the functionality, including applicable technical protection measures to secure electronic content, if appropriate. on the relevant catalog page of the seller's e-shop and in these business and complaint conditions, which are located on the relevant subpage of the seller's e-shop,

  19. the fact that the compatibility of electronic content with hardware and software of which the seller knows or reasonably expects that he knows about them, if appropriate, he informed about it on the relevant catalog page of the seller's e-commerce and in these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

  20. by the possibility and conditions of out-of-court dispute resolution through ADR, if the seller undertook to use this system informed on the relevant catalog page of the seller's e-commerce and in these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

  21. describing the necessary actions for concluding the purchase contract in these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,

  22. the fact that the purchase contract will be stored in electronic form at the Seller and is available to the Buyer, after the buyer requests it in writing on the relevant catalog page of the seller's e-shop and in these business and complaint conditions, which are located on the relevant subpage of the seller's e-shop,

  23. informing on the relevant catalog page that the language offered for concluding the contract is the Slovak language on the seller's e-commerce and in these terms and conditions and complaints, which are located on the relevant subpage of the seller's e-commerce.

  1. If the seller has not fulfilled the information obligation on the payment of additional fees or other costs according to point 2.6. point. e) these business and complaint conditions or the costs of returning the goods in accordance with point 2.6. point. i) of these business and complaint conditions, the buyer is not obliged to pay these additional costs or fees.

 

3. Rights and obligations of the Seller

  1. The seller is obliged:

    1. to deliver on the basis of the order confirmed by acceptance to the buyer the goods in the agreed quantity, quality and time and pack it or equip it for transport in the manner necessary for its preservation and protection,

    2. to ensure that the delivered goods comply with applicable Slovak legislation,

    3. to provide the buyer with a confirmation of the conclusion of the purchase contract on a durable medium, for example by e-mail, immediately after the conclusion of the purchase contract, but no later than together with the delivery of the goods. The certificate must contain all the information mentioned in point 2.6. including the form for withdrawal from the purchase contract,

    4. to hand over to the buyer at the latest 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 Slovak legislation (instructions in Slovak, warranty card, delivery note, tax document).

  2. The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.

  3. If, due to the sale of stock or unavailability of goods, the seller is unable to deliver the goods to the buyer within the period agreed in the purchase contract or determined by these terms and conditions or at the agreed purchase price, the seller is obliged to offer the buyer a substitute fulfillment or cancel order). The buyer can withdraw from the purchase contract or cancel the order by delivering an e-mail. In the event that the buyer has already paid the purchase price or part thereof, the seller will return the already paid purchase price or part thereof within 14 days from the date of delivery of the e-mail on withdrawal from the purchase contract or cancellation of the order to the buyer on the account designated by him, unless the parties agree otherwise. If the buyer does not accept the replacement fulfillment offered by the seller or withdraws from the purchase contract within a reasonable time, the seller is entitled to withdraw from the purchase contract and if the buyer has already paid the purchase price or part thereof, the seller is obliged to return the already paid purchase price or part thereof within 14 days from the date of delivery of the withdrawal from the purchase contract to the buyer.

 

4. Rights and obligations of the Buyer

  1. The buyer was informed by the seller that part of the order is the obligation to pay the price.

  2. Buyer is obliged:

    1. to take over the ordered and delivered goods,

    2. to pay the seller the agreed purchase price within the agreed due date, including the cost of delivery of goods,

    3. to confirm the receipt of the goods in the delivery note with his signature or the signature of the person authorized by him.

  3. The buyer has the right to have the goods delivered in quantity, quality, date and place agreed by the parties.

 

5. Delivery and payment terms

  1. The usual availability of goods with the date of their shipping is stated for each product on the e-commerce website.

  2. Unless the seller and the buyer have agreed otherwise in the purchase contract, 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. If the seller has not fulfilled his obligation to deliver the item within the period under the first sentence, the buyer shall invite him to deliver the item within the additional reasonable period provided by him. If the seller does not deliver the item even within this additional reasonable period, the buyer is entitled to withdraw from the contract.

  3. The seller is entitled to invite the buyer to take over the goods even before the expiration of the delivery period agreed in the purchase contract.

  4. The color display of the goods on the monitor may not exactly match the actual color shades as the buyer will actually perceive them. The display of color shades depends, among other things, on the quality of the display monitor, resp. another display device used.

  5. The Buyer is obliged to take over the goods at the place which is the seller or his representative, authorized to deliver the goods and the Buyer agreed in the purchase contract or otherwise in the time before delivery of the goods (hereinafter "Place"). The buyer is obliged to take over the goods in the time range that is the seller or his representative, authorized to deliver the goods and the buyer agreed in the purchase contract or otherwise in the time before delivery of the goods (hereinafter "Time Range").

  6. If the seller delivers the goods to the buyer to the Place and within the Time Range, the buyer is obliged to take over the goods in person or ensure that the goods are taken over by a person authorized in case of absence to take over the goods and sign a protocol on payment of purchase price and delivery and delivery of goods. The third party authorized to take over the goods is obliged to submit to the seller a copy of the acceptance of the order. The goods are considered delivered and taken over at the time of delivery of the goods to the buyer. Delivery of the goods to the Buyer means delivery of the goods to the Place, taking over by the Buyer or a third party authorized by the Buyer and signing a protocol on payment of the purchase price and delivery and delivery of the goods by the Buyer or a third party authorized by the Buyer.

  7. If it is necessary to repeat the delivery of goods due to the buyer's absence at the Place and within the time range or if the buyer without prior written withdrawal from the purchase contract within 7 days after the futile expiration of the time range, the seller is entitled to compensation for damages in the amount the actual cost of an attempt at unsuccessful delivery of the goods to the Place.

  8. The purchase contract is concluded with an untying condition, provided that if the buyer does not pay the seller the agreed purchase price in accordance with clause 4.2 of these terms and conditions within 15 days of the seller's invitation to take over the contract, the contract is canceled, the parties return or replace all accepted fulfillment and the seller acquires the right to freely dispose of the ordered goods.

  9. The buyer is entitled to inspect the shipment, ie the goods and their packaging immediately after delivery in the presence of the seller's representative. In case of finding the existence of a defect of the goods and / or in case the shipment is not complete (lower number of pieces of goods, or the ordered goods are missing), the seller's representative is obliged to allow the buyer to make a record of the extent and nature of the defect. On the basis of such a record delivered to the seller, the buyer may subsequently refuse to take over the delivered goods with a defect or confirm the delivery of goods with a defect and subsequently in accordance with Art. 8 of these business and complaint conditions to file a claim for defects in the goods with the seller or a designated person. In the event that the buyer refuses to take over the delivered goods with a defect, all purposefully incurred costs of returning the goods to the seller shall be borne by the seller.

  10. The buyer is entitled in case of non-delivery of goods by the seller within the period specified in point 5.2. of these terms and conditions to withdraw from the purchase contract and the seller is obliged to return to the buyer already paid part of the purchase price within 14 days of delivery of the withdrawal from the purchase contract by cashless transfer to the buyer's bank account designated by the buyer.

 

6. Purchase price

  1. The purchase price for the goods agreed in the purchase contract between the seller and the buyer is stated in the acceptance of the order (hereinafter referred to as the "purchase price"). If the purchase price stated in the order delivery confirmation is higher than the price for identical goods stated in the e-commerce offer at the time of sending the order to the buyer, the seller will deliver to the buyer an electronic message informing the offer of a new purchase price in another amount to make a new purchase contract, which the buyer must explicitly confirm by e-mail or in writing in order for a valid conclusion of the purchase contract.

  2. The buyer is obliged to pay the seller the purchase price, including the cost of delivery of goods in cash, respectively by payment card upon personal collection of the goods, cash on delivery at the place of delivery of the goods or by non-cash transfer to the seller's account specified in the order acceptance or on the seller's website at the time before receiving the goods.

  3. In the event that the buyer pays the seller the purchase price by non-cash transfer, the day of payment is considered to be the day when the entire purchase price was credited to the seller's account.

  4. The buyer is obliged to pay the seller the purchase price for the agreed goods within the period specified in the purchase contract, but no later than when receiving the goods.

  5. In the event that the Buyer does not pay the Seller the full purchase price by the time the goods are delivered to the Place and the parties have not agreed to pay the purchase price for the goods in installments, the Seller is entitled to refuse delivery to the Buyer.

  6. Costs associated with the installation and delivery of goods 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 the risk of damage to the goods

  1. By taking over the goods at the agreed place, the ownership of the goods passes to the buyer. A buyer who does not meet the definition of a consumer set out in para. § 2 letter a) of Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on Offenses, as amended (hereinafter referred to as the "Act"), acquires ownership of the goods only upon full payment of the full purchase price for the goods.

  2. The risk of damage to the goods passes to the buyer at the time when the buyer or a third party authorized by the buyer takes over the goods from the seller or his representative authorized to deliver the goods, or if he does not do so in time, at the time the seller allows the buyer to use the goods and the buyer does not take the goods.

 

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

  1. In the case of a defect in the goods that can be removed, the buyer has the right to have them removed free of charge, in a timely manner and properly. The seller is obliged to eliminate the defect without undue delay.

  2. The buyer may, instead of remedying the defect, request a replacement of the goods or, if the defect concerns only a part of the goods, a replacement of the part, if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect.

  3. Instead of eliminating the defect, the seller can always replace the defective goods with perfect ones, if this does not cause serious difficulties for the buyer.

  4. In the case of a defect in the goods which cannot be removed and which prevents the goods from being properly used as a thing without defects, the buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the goods due to the recurrence of the defect after repair or for a larger number of defects.

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

  6. The seller instructed the buyer about his rights, which arise from the stat. § 622 of the Civil Code (points 8.1. to 8.3. of these business and complaint conditions) and the rights arising from the provisions of Art. § 623 of the Civil Code (points 8.4. to 8.5. of these business and complaint conditions) by placing these business and complaint conditions on the relevant subpage of the seller's e-shop and the buyer had the opportunity to read them before sending the order.

  7. The seller is responsible for defects in the goods in accordance with applicable regulations of the Slovak Republic and the buyer is obliged to file a complaint with the seller or a designated person. Information on designated persons and service points for warranty and post-warranty service is provided on the back of the warranty card or will be provided by the seller to the buyer upon request by telephone or e-mail.

  8. The handling of complaints is governed by the valid complaint procedure of the seller, ie Art. 8 of these business and complaint conditions. The buyer was duly acquainted with the complaint procedure and informed about the conditions and method of claiming the goods, including information on where the claim can be made, and about the fulfillment of warranty repairs in accordance with Art. § 18 par. 1 of the Act in the time before concluding the purchase contract by placing these business and complaint conditions on the relevant subpage of the seller's e-shop and the buyer had the opportunity to read them before sending the order.

  9. The complaint procedure applies to goods purchased by the buyer from the seller in the form of an e-shop on the seller's e-shop website.

  10. During the warranty period, the buyer has the right to claim from the seller liability for defects in the goods purchased from the seller, for which the manufacturer, supplier or seller is responsible.

  11. If the goods show defects, the buyer has the right to file a complaint at the seller's premises in accordance with Art. § 18 par. 2 of the Act by delivering the goods to the seller's premises and delivering to the seller a statement of the buyer's will to exercise his right under points 8.1. to 8.5. of these business and complaint conditions (hereinafter referred to as the "Notice of Complaint"), e.g. in the form of a completed complaint form, which is located on the relevant subpage of the seller's e-commerce. The seller recommends insuring the goods when sending them for a complaint. The seller does not accept cash on delivery. The Buyer is obliged to state all the required information truthfully in the Notice of Complaint, in particular to precisely indicate the type and extent of the defect in the goods; the buyer shall also state which of his rights arising from para. Sections 622 and 633 of the Civil Code apply. The buyer has the right to file a complaint with a person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as the "designated person"). The list of designated persons is given in the warranty card or the seller will send it to the buyer at his request.

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

    1. delivery of the Notice of Complaint to the Seller,

    2. delivery of the claimed goods from the buyer to the seller or a designated person,

    3. delivery of access codes, passwords, etc. to the claimed goods to the seller, if these data are necessary for the proper handling of the complaint;

  13. If the subject of the complaint is goods that cannot be objectively delivered to the seller or that are permanently installed, the buyer is, in addition to meeting the conditions under points 8.12 a) and c) of these complaint and business conditions, he is obliged to provide all necessary co-operation for the inspection of the claimed goods by the seller or by a third party designated by the seller. The complaint procedure concerning goods which cannot be objectively delivered to the seller or which are permanently installed begins on the day when the inspection of the goods was carried out in accordance with the first sentence. However, if the Seller or a third party designated by him, despite the necessary cooperation provided by the Buyer, does not ensure the inspection within a reasonable time, but no later than 10 days from delivery of the Notice to the Seller, the complaint procedure begins on the day of delivery of the Notice to the Seller.

  14. The seller or a designated person shall issue to the buyer a confirmation of the claim for the goods in a suitable form chosen by the seller, e.g. in the form of an e-mail or in writing, in which he is obliged to accurately indicate the claimed defects of the goods and once again inform the consumer of his rights under point 8.1. to 8.3. these business and complaint conditions (provisions of § 622 of the Civil Code) and the rights arising from point 8.4. to 8.5. of these business and complaint conditions (provisions of § 623 of the Civil Code). If the complaint is made by means of long-distance communication, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint; The confirmation of the claim need not be delivered if the buyer has the opportunity to prove the claim in another way.

  15. The buyer is entitled to decide which of his rights in accordance with Art. § 622 and par. § 623 of the Civil Code applies and at the same time is obliged to immediately deliver information about its decision to the seller. Based on the decision of the buyer, which of his rights in accordance with Art. § 622 and par. § 623 of the Civil Code is applied by the seller or a designated person obliged to determine the method of handling complaints pursuant to Art. § 2 letter m) of the Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complex technical assessment of the condition of the goods is required no later than 30 days from the day of the complaint procedure. After determining the method of handling the complaint, the seller or the designated person will handle the complaint immediately, in justified cases, the complaint can be resolved later. However, the settlement of the complaint may not take longer than 30 days from the date of the complaint. After the expiration of the time limit for settling the complaint in vain, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods.

  16. If the buyer has made a claim for the goods within the first 12 months from the conclusion of the purchase contract, the seller may settle the claim only on the basis of an expert opinion or opinion issued by an authorized, notified or accredited person or the opinion of a designated person (hereinafter "expert assessment of goods"). Irrespective of the result of the professional assessment, the seller may not require the buyer to pay the costs of the professional assessment of the goods or other costs related to the professional assessment of the goods.

  17. If the buyer has made a product complaint 12 months after the conclusion of the purchase contract and the seller has rejected it, the person who handled the complaint is obliged to state in the complaint document to whom the buyer can send the goods for professional assessment. If the buyer sends the goods for expert assessment to the designated person specified in the document on the handling of the complaint, the costs of expert assessment of the goods, as well as all other related purposefully incurred costs shall be borne by the seller, regardless of the result of expert assessment. If the buyer proves by professional assessment the responsibility of the seller for the claimed defect of the goods, he can file a complaint again; the warranty period does not expire during the professional assessment of the goods. The seller is obliged to reimburse the buyer within 14 days from the date of the re-filed complaint all costs incurred for the professional assessment of the goods, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.

  18. The warranty does not cover defects of which the buyer was notified by the seller at the time of concluding the contract, or which, taking into account the circumstances under which the purchase contract was concluded, must have known.

  19. The seller reserves the right to replace the defective goods with other perfect goods with the same or better technical parameters, if this does not cause serious difficulties for the buyer.

  20. The seller is not responsible for defects in the goods:

    1. if the buyer has not exercised his right, concerning the seller's liability for a defect in the goods by the end of the warranty period of the goods,

    2. if the defect of the goods is mechanical damage to the goods caused by the buyer,

    3. if the defect of the goods was caused by the use of the goods in conditions that do not correspond in their intensity, humidity, chemical and mechanical influences to the natural environment of the goods,

    4. if the defect of the goods was caused by improper handling, operation or neglect of care of the goods,

    5. if the defect of the goods was caused by damage to the goods by excessive loading or use in violation of the conditions specified in the documentation or the general principles of normal use of the goods,

    6. if the defect of the goods was caused by damage to the goods by unavoidable and / or unforeseeable events,

    7. if the defect of the goods was caused by damage to the goods by accidental damage and accidental deterioration,

    8. if the defect of the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other force majeure,

    9. if the defect of the goods was caused by an interference with the goods by an unauthorized person.
      If the shipment is not complete, resp. in the case of an obvious defect which the buyer could find by inspecting the shipment upon delivery of the goods and which did not notify the seller's representative in accordance with point 5.9 of these complaint and business conditions, later claims of this kind will be accepted only if the buyer proves that the claimed defects time of its takeover by the buyer.

  21. The seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:

    1. by handing over the repaired goods,

    2. exchange of goods,

    3. by returning the purchase price of the goods,

    4. by paying a reasonable discount on the price of the goods,

    5. a written invitation to take over the fulfillment specified by the seller,

    6. by justified refusal of warranty claim of the goods.

  22. The seller is obliged to issue a written document to the buyer about the method of determining the handling of the complaint and the handling of the complaint no later than 30 days from the date of the complaint in person, through the provider of postal or courier or delivery service. The seller will inform the buyer about the result of handling the complaint immediately after the end of the complaint procedure by phone or e-mail and at the same time he will be together with the goods, resp. proof of complaint handling delivered via e-mail.

  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 animal feed have a minimum shelf life of more than 2 months before the expiration date, in case of a shorter expiration date, the seller contacts the buyer by phone or e-mail and the shipment is sent only with the buyer's consent.

  24. The warranty period is extended by the period during which the buyer could not use the goods due to warranty repair of the goods.

  25. In the case of an exchange of goods for a new one, the buyer will receive a document stating information about the exchange of goods, and any other complaints are applied on the basis of the purchase contract and this complaint document. In the case of exchange of goods for new goods, the warranty period begins to run again from the receipt of new goods, but only for new goods.

  26. With regard to a remediable defect, the complaint will be settled depending on the decision of the buyer according to point 8.15. these complaint and business conditions as follows:

    1. the seller ensures the elimination of the defect, or

    2. the seller replaces the defective goods.

  27. In the case of a remediable defect and the buyer shall not immediately determine in accordance with point 8.15. of these complaint and business conditions, how the complaint should be handled, the seller will handle the complaint by eliminating the defect.

  28. In the case of a defect that cannot be remedied, or one more repetitive remediable defect, or a number of different remediable defects that prevent the goods from being properly used as without a defect, the seller will equip, depending on the buyer's decision under 8.15. these complaint and business conditions, the complaint is as follows:

    1. by exchanging goods for other functional goods of the same or better technical parameters, or

    2. in the event that the seller cannot exchange the goods for another, he will settle the complaint by refunding the purchase price for the goods.

  29. Complaint handling applies only to defects listed in the Notice of Complaint and in the confirmation of the claim of the goods according to point 8.14. these complaint and business conditions.

  30. For the purposes of a complaint, the occurrence of one remediable defect more than twice is considered to be a recurring remediable defect.

  31. For the purposes of a complaint, the occurrence of more than three different remediable defects at the same time is considered to be a larger number of different remediable defects.

  32. The right of the buyer to file a claim for a defect in the goods is after he has exercised his right and asked the seller to remove the defect in the goods according to point 8.1. of these complaint and business conditions consumed and regardless of the result of the complaint, any re-application of the complaint of the same unique defect (not a defect of the same kind) will be rejected.

  33. The provisions of Art. 8 of these complaint and business conditions do not explicitly apply to entities that do not meet the definition of consumer set out in Art. § 2 letter a) of the Act.

 

9. Personal data and their protection

  1. The contracting parties have agreed that the buyer is obliged to notify the seller of his name and surname, address of permanent residence, including postal code, telephone number and e-mail address, for the purposes of proper execution and delivery of the order.

  2. The contracting parties have agreed that the buyer is obliged to notify the seller of his business name, registered office address, including postal code, ID number, VAT number (if assigned), telephone number and e-mail address for the purposes of proper execution and delivery of the order. 

  3. A buyer who has registered in the online store can check and change the personal data provided at any time, as well as cancel his registration after logging in to the e-shop website in the "Account Settings" section.

  4. The seller hereby notifies the buyer that in accordance with Art. 6 (1) letter (b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation), hereinafter referred to as the “Regulation”), the seller as an information system operator will process the buyer's personal data in the process of concluding the purchase contract without his consent as the data subject, as the buyer's personal data processing will be performed by the seller for fulfillment of the purchase contract in which the buyer acts as one of the parties.

  5. Pursuant to Art. 6 par. 1 letter f) The seller may after delivery of the ordered goods, resp. services to the buyer, on the basis of a legitimate interest to process the buyer's personal data also for the purposes of direct marketing and send to the buyer's e-mail address information about new products, discounts and promotions on the offered goods, resp. services.

  6. The Seller undertakes to handle and dispose of the Buyer's personal data in accordance with the valid legal regulations of the Slovak Republic.

  7. The seller declares that in accordance with Art. 5 (1) letter a) and letter b) of the Regulation, the personal data of the buyer will be obtained exclusively for the purpose stated in these business and complaint conditions.

  8. The Seller declares that for purposes other than those stated in these terms and conditions and complaints, it will always collect the personal data of the buyer separately on an adequate legal basis and at the same time ensure that these personal data will be processed and used exclusively in a manner appropriate to the purpose for which they were collected and will not associate them with personal data obtained for another purpose or for the purpose of fulfilling the purchase contract.

  9. Before sending the order, the buyer will be asked to confirm by checking the box before sending the order that the seller has notified him in a sufficient, comprehensible and irreplaceable way:

    1. their identification data, which are listed in Art. 1. of these business and complaint conditions proving the identity of the seller,

    2. contact details of the seller, resp. responsible person of the seller,

    3. the purpose of personal data processing, which is the conclusion of a purchase contract between the seller and the buyer and the legal basis for personal data processing,

    4. that the required personal data for the purposes of concluding the purchase contract and proper execution and delivery of the order, the buyer is obliged to provide,

    5. if the processing is based on Art. 6 (1) letter f) Regulations that the legitimate interest pursued by the seller is direct marketing,

    6. identification data of a third party, which is a company that delivers the ordered goods to the buyer, resp. identification data of other recipients or categories of recipients of personal data, if any,

    7. period of storage of personal data, resp. criteria for its determination,

  10. The seller declares that he will process personal data in accordance with good morals and will act in a way that does not contradict the Regulation or other generally binding legal regulations, nor will he circumvent them.

  11. In accordance with the Regulation, the Seller provides the Buyer, whose data it processes, with the following information:

    1. the identity and contact details of the seller and, where applicable, the seller's representative,

    2. contact details of any responsible person,

    3. the purposes of the processing for which the personal data are intended, as well as the legal basis of the processing,

    4. if the processing is based on Art. 6 par. 1 letter f) legitimate interests pursued by the seller or a third party,

    5. circle of recipients, or categories of recipients of personal data, if any,

    6. where relevant, information that the seller intends to transfer personal data to a third country or international organization,

    7. period of storage of personal data, resp. criteria for its determination,

    8. information on the existence of the right to request from the seller access to his personal data and the right to correct or delete or restrict the processing or the right to object to the processing, as well as the right to data portability,

    9. the right to lodge a complaint to the supervisory authority,

    10. information on whether the provision of personal data is a legal or contractual requirement, or a requirement necessary for the conclusion of the contract, whether the buyer is obliged to provide personal data, as well as the possible consequences of not providing such data,

    11. the existence of automated decision-making, including profiling;

    12. The buyer has the right to obtain from the seller a copy of the personal data being processed and has the right to obtain all the above information. For any additional copies requested by the buyer, the seller may charge a fee corresponding to the administrative costs of making the copy.

  12. If the buyer exercises his right under point 9.11 in writing or electronically and the content of his application shows that he exercises his right under point 9.11, the application shall be deemed to have been filed under this Regulation.

  13. The buyer has the right to object to the seller against the processing of his personal data, which he assumes is or will be processed for the purposes of direct marketing, including profiling to the extent that it is related to such direct marketing. If the Buyer objects to such processing, the Seller shall terminate the processing of personal data for direct marketing purposes from the date of delivery of such objection to the Seller and the personal data of the Buyer concerned may no longer be and will not be processed for such purposes.

  14. If the buyer suspects that his personal data is being processed unjustifiably, he may file a complaint about it with the Office for Personal Data Protection of the Slovak Republic. If the buyer does not have full legal capacity, his rights can be exercised by a legal representative.

  15. The seller shall take appropriate measures to provide the buyer with all the information referred to in point 9.11 in a concise, transparent, comprehensible and easily accessible form, clearly and simply worded. The seller will provide the information electronically or in accordance with the Regulation by other means agreed with the buyer.

  16. Information on the measures taken at the request of the buyer shall be provided by the seller to the buyer without undue delay, in any case within one month of receipt of the request.

  17. The Seller notifies Buyer that due to the fulfillment of the concluded contract, when processing the Buyer's personal data, it is assumed that the Buyer's personal data will be provided and made available to the following third parties, resp. circle of recipients:

    1. GLS General Logistics Systems Slovakia s.r.o., with its registered office at Budča 1039, 962 33 Budča, Slovak Republic, Business ID: 36624942, entered in the Commercial Register of the District Court of Banská Bystrica, Section Sro, File no. 9084 / S

    2. Zásielkovňa s.r.o., with its registered office at Muchovo námestie 3624/8, 851 01 Bratislava, Slovak Republic, Business ID: 48136999, entered in the Commercial Register of the District Court Bratislava I, Section Sro, File no. 105158 / B

    3. HOPIN s.r.o., with is registered office at Pribinova 4/17952, 811 09 Bratislava, Slovak Republic, Business ID: 45 643 423, entered in the Commercial Register of the District Court Bratislava I, Section Sro, File no. 66329/B.

 

10. Withdrawal from purchase contract

  1. If the seller is unable to fulfill his obligations under the purchase contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer or supplier of goods agreed in the purchase contract has discontinued production or made major changes that prevented the fulfillment of the seller's obligations under the purchase contract or for reasons of force majeure or if, even with all efforts that can be reasonably required 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 and at the same time he is obliged to offer the buyer a substitute performance or the possibility for the buyer to withdraw from the purchase contract (cancel the order). In the event that the buyer withdraws from the purchase contract for the reasons stated in this point of these complaint and business conditions, the seller is obliged to return to the buyer the deposit already paid for the goods agreed in the purchase contract within 14 days of notification of withdrawal by transfer to the account specified by the buyer.

  2. The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with Art. § 7 et seq. Act no. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter referred to as the “Act on Consumer Protection in Distance Selling”) within 14 days of receipt of the goods, resp. from the date of concluding the contract for the provision of the service or the contract for the provision of electronic content not delivered on a tangible medium, if the seller has fulfilled the information obligations pursuant to Art. § 3 of the Act on Consumer Protection in Distance Selling.

  3. Within this period, the buyer has the right to unpack and test the goods after receiving in a manner similar to the usual purchase in a classic store, to the extent necessary to determine the nature, properties and functionality of the goods.

  4. The period for withdrawal from the contract begins on the day when the buyer or a third party designated by him, with the exception of the carrier, receives all parts of the ordered goods, or if

    1. the goods ordered by the buyer in one order are delivered separately from the day of taking over the last delivered goods,

    2. the goods are delivered consisting of several parts or pieces, from the day of taking over the last part or last piece,

    3. the goods are delivered repeatedly under a contract for a specified period, from the date of receipt of the first delivered goods.

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

  6. Withdrawal from the contract must be made by the buyer in writing in a manner that does not raise doubts that there has been a withdrawal from the contract, or in the form of a record on another durable medium or using the form that forms Enclosure no. 1 of these business and complaint conditions. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the seller no later than the last day of the period under Art. § 7 par. 1 of the Act on Consumer Protection in Distance Selling.

  7. Withdrawal from the purchase contract according to the passing point of these business and complaint conditions must contain the information required in the form of withdrawal from the purchase contract, which forms Enclosure no. 1 of these business and complaint conditions, in particular the identification of the buyer, the number and date of the order, the exact specification of the goods, the manner in which the seller is to return the fulfillment already received, in particular the account number and / or postal address of the buyer.

  8. If the buyer withdraws from the purchase contract, any additional contract related to the purchase contract from which the buyer withdrew is also canceled from the beginning. It is not possible to demand from the buyer any costs or other payments in connection with the cancellation of the supplementary contract, except for the payment of costs and payments specified in Art. § 9 par. 3, Art. § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Prices for a Service, if the subject of the contract is the provision of a service and the full provision of the service has taken place.

  9. The buyer is obliged without undue delay, but no later than within 14 days from the date of withdrawal from the purchase contract to send the goods back to the address of the operator's registered office or hand it over to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller has proposed to pick up the goods in person or through a person authorized by him. The time limit according to the first sentence of this point of these terms and conditions of business and complaint shall be deemed to have been observed if the goods were handed over for transport no later than on the last day of the time limit.

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

  11. It is recommended to insure the goods. The seller does not accept cash on delivery. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the buyer to return to the buyer all payments received from him under the purchase contract or in connection with it, including shipping, delivery and postage and other costs and fees. . The seller is not obliged to return the payments to the buyer under this point of these terms and conditions before delivery of the goods or until the buyer proves the return of the goods to the seller, unless the seller suggests that he picks up the goods in person or through a person authorized by him.

  12. The buyer bears the cost of returning the goods to the seller or the person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled the obligation under § 3 para. 1 letter i) of the Act on Consumer Protection in Distance Selling.

  13. The buyer is only responsible for the reduction in the value of the goods, which arose as a result of such handling of the goods, which is beyond the scope of treatment necessary to determine the properties and functionality of the goods. The consumer is not responsible for the reduction in the value of the goods if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract under § 3 para. 1 letter h) of the Act on Consumer Protection in Distance Selling.

  14. The seller is obliged to return the purchase price for the goods to the buyer in the same way as the buyer used in his payment, unless he agrees with the buyer on another method of refund without charging additional fees to the buyer.

  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 undertakes to pay the seller:

    1. the value by which the value of the goods was reduced in accordance with Art. § 457 of the Civil Code in the actual amount

    2. costs incurred by the seller in connection with the repair of the goods and their restoration to the original condition calculated according to the price list for post-warranty service of the goods.
      Pursuant to this point of the complaint and business conditions, the buyer is obliged to pay the seller compensation in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.

  16. In accordance with para. § 7 par. 6 of the Act on Consumer Protection in Distance Selling, the buyer may not withdraw from the contract with subject of:

    1. the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for one consumer,

    2. the sale of goods enclosed in a protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery,

    3. the sale of sound recordings, video recordings, videosound recordings or computer software sold in protective packaging, if the consumer has unpacked that packaging,

    4. the provision of electronic content other than on a tangible medium, if its provision began with the express consent of the consumer and the consumer has stated that he has been duly informed that by expressing this consent he loses the right to withdraw from the contract.

    5. the provision of the service, if the provision of the service began with the express consent of the consumer and the consumer has stated that he has been duly informed that, by expressing this consent, he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place.,

  17. The provisions of Art. 10 of these business and complaint conditions do not explicitly apply to entities that do not meet the definition of consumer set out in Art. § 2 letter a) of the Act.

 

11. Final regulations

  1. If the purchase contract is concluded in written form, any change must be in written form.

  2. The contracting parties have agreed that communication between them will take place in the form of e-mail messages.

  3. To relations not regulated by these business and complaint conditions apply relevant provisions of the Civil Code, the Act, Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll. as amended and Act no. 102/2014 Coll. on consumer protection in distance selling.

  4. If the consumer is not satisfied with the way in which the seller has handled his complaint or if he considers that the seller has infringed his rights, he has the opportunity to turn to the seller for redress. If the seller responds to the request for redress in a negative manner or does not respond to it within 30 days from the date of its dispatch, the consumer has the right to file a motion to initiate an alternative solution to his dispute under the provisions of § 12 of Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Laws.
    Competent entity for alternative resolution of consumer disputes with the seller Florbal s.r.o. is the Slovak Trade Inspection P.O.Box 29, Bajkalská 21 / A, 827 99 Bratislava, www.soi.sk or another relevant authorized legal entity registered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http: // www.mhsr.sk); the consumer has the right to choose which of these ADR entities to turn to.

  5. The consumer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit an alternative dispute resolution proposal.

  6. These business and complaint conditions take effect with the buyer by concluding a purchase contract.

  7. Before sending the order, the buyer will be asked to confirm by checking the box that he has read these business and complaint conditions, read them, understand their content and fully agrees with them.

 

Enclosure no. 1

Contract withdrawal form

(fill in and send this form only if you wish to withdraw from the contract)

Florbal s.r.o.

Tomášikova 13

821 01, Bratislava

obchod@florbal4u.com

+421 948 495 924

I hereby announce (*) that I withdraw (*) from the purchase contract for these goods / from the contract for the provision of this service (*): ..............

Date of order / date of receipt (*) ..............

Name of consumer(s) (*) ...............

Address of consumer(s) (*) ..............

Signature of the consumer(s) (*) (only if this form is submitted in paper form) ..........................

Date ..................

(*) Cross out that which does not apply

 

Enclosure no. 2

Instruction on the exercise of the buyer's right to withdraw from the purchase contract

1. Right to withdraw from the purchase contract

You have the right to withdraw from this purchase agreement without giving a reason within 14 days.

The period for withdrawal from the contract expires 14 days from the day when you or a third party designated by you, with the exception of the carrier, receives the goods.

When exercising the right to withdraw from the purchase agreement, please inform us of your decision to withdraw from this purchase agreement by making a clear statement (for example, by letter sent by post, fax or e-mail) at Florbal s.r.o., Tomášikova 13, 821 01 Bratislava, obchod@florbal4u.com, +421 948 495 924.

For this purpose, you can use the sample form for withdrawal from the purchase contract, which is located as Enclosure no. 1 of these business and complaint conditions. If you are interested, you have the opportunity to fill in and send a sample form for withdrawal from the purchase contract or any other unambiguous statement of withdrawal from the purchase contract also electronically via our website. If you use this option, we will immediately confirm the receipt of the withdrawal from the purchase contract by e-mail, resp. on another durable carrier.

The period for withdrawal from the purchase contract is maintained if you send a notice of the exercise of the right to withdraw from the purchase contract before the period for withdrawal from the purchase contract expires..

2. Consequences of contract withdrawal

In the event of withdrawal from the purchase contract, we will refund all payments you have made in connection with the conclusion of the purchase contract, in particular the purchase price, including the cost of delivery of goods to you. This does not apply to additional costs if you have chosen a different type of delivery than the cheapest standard delivery method we offer, nor to the costs of additional services, if they have been the subject of a contract and if they have been provided in full. Payments will be returned to you without undue delay and in any case no later than 14 days from the date on which we receive your notice of withdrawal from this purchase agreement. They will be paid in the same way as you used for your payment, unless you have explicitly agreed to another method of payment, without charging any additional fees.

Payment for the purchased goods will be paid to you only after delivery of the returned goods back to our address or upon presentation of a document proving the return of the goods, whichever comes first.

Send the goods back to us or bring them to the address of the company's registered office without undue delay and in any case no later than 14 days from the date of exercising the right to withdraw from the contract. The period is considered to be observed if you return the goods before the expiration of the 14-day period. The direct costs of returning the goods are borne by you.

Please note that in the event of withdrawal from the purchase contract, you are responsible for any reduction in the value of the goods due to handling in the period from its delivery to the moment of its return in a manner other than necessary to determine the nature, properties and functionality of the goods.

 
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