Terms and conditions

I. General provisions

 

1. These general terms and conditions (hereinafter referred to as "terms and conditions") are in accordance with the provisions of Act No. 40/1964 Coll. Civil Code, as amended, Act No. 250/2007 Coll. on consumer protection and on the amendment of Act No. 372/1990 Coll. of the Slovak National Council on misdemeanours, as amended (hereinafter referred to as the "consumer protection act"), Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the premises of the seller and on the amendment and supplementation of certain acts (hereinafter referred to as the "consumer protection act in distance selling").
   

 

2. These terms and conditions regulate the mutual rights and obligations between the seller and the natural person who concludes a purchase agreement (hereinafter referred to as the "buyer") through the web interface located on the website accessible at the internet address www.sebestova.sk (hereinafter referred to as the "online store").

3. The provisions of these terms and conditions are an integral part of the purchase agreement. Different agreements in the purchase agreement take precedence over the provisions of these terms and conditions.

4. These terms and conditions and the purchase agreement are concluded in the Slovak language.

II. Ordering goods and conclusion of a purchase agreement

 

1. Information about the goods, including the prices of each item and its main characteristics, is provided for each product in the online store's catalog. Prices of goods are displayed including value-added tax, all related fees, and return costs if the nature of the goods makes it impossible to return them by post. Prices of goods remain valid for the period they are displayed in the online store.

2. All presentations of goods placed in the online store catalog are of informative nature, and the seller is not obliged to conclude a purchase agreement for these goods.

3. The online store provides information about the costs associated with packaging and delivering the goods. Information on the costs associated with packaging and delivering the goods listed in the online store applies only if the goods are delivered within the territory of the Slovak Republic.

4. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed upon by the seller and the buyer.

III. Ordering and conclusion of purchase contract

 

1. The costs incurred by the buyer when using remote communication means in connection with the conclusion of a purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer. These costs do not differ from the basic rate.

2. The buyer places an order for goods in the following ways:

through their customer account, after prior registration in the online store, by filling out the order form without registration.

3. When placing an order, the buyer selects the goods, the number of units, the method of payment and delivery.

4. Before submitting the order, the buyer is allowed to check and modify the information they entered in the order. The buyer sends the order to the seller by clicking the button. The information provided in the order is deemed correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that they have read and agree to these terms and conditions.

5. Immediately upon receiving the order, the seller sends a confirmation of receipt of the order to the email address provided by the buyer during the ordering process. This confirmation is automatic and is not considered the conclusion of the contract. The current terms and conditions of the seller are attached to the confirmation. The purchase contract is concluded only upon acceptance of the order by the seller. Notification of the acceptance of the order is delivered to the buyer's email address. / Immediately upon receiving the order, the seller sends a confirmation of receipt of the order to the email address provided by the buyer during the ordering process. This confirmation is considered the conclusion of the contract. The current terms and conditions of the seller are attached to the confirmation. The purchase contract is concluded by the seller's confirmation of the receipt of the order sent to the buyer's email address.

6. In case the seller cannot meet any of the requirements specified in the order, they will send a modified offer to the buyer's email address. The modified offer is considered a new proposal for the purchase contract and the purchase contract is concluded in this case by the buyer's confirmation of the acceptance of the offer sent to the seller's email address specified in these terms and conditions.

7. All orders accepted by the seller are binding. The buyer may cancel the order until they receive a notification of the acceptance of the order by the seller. The buyer may cancel the order by phone at the telephone number or email address of the seller provided in these terms and conditions, stating their name, email, and description of the ordered goods. This does not affect the right of the seller to compensation for damages incurred by the cancellation of the order.

8. In the event of an obvious technical error on the seller's side in indicating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer for this obviously incorrect price, even if an automatic confirmation of the order receipt has been sent to the buyer in accordance with these terms and conditions. The seller informs the buyer of the error without undue delay and sends a revised offer to the buyer's email address. The revised offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case by the buyer's confirmation of acceptance to the seller's email address.

 

IV. Customer Account

 

1. Based on the registration of the buyer made in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also order goods without registration.

2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The information provided in the user account must be updated by the buyer in case of any changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.

3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.

4. The buyer is not authorized to allow third parties to use their customer account.

5. The seller may cancel the user account, especially if the buyer has not used their user account for a longer period of time, or if the buyer violates their obligations from the purchase contract or these terms and conditions.

6. The buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the hardware and software equipment of the seller, or necessary maintenance of the hardware and software equipment of third parties.

 

V. Payment conditions and delivery of good

1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement by:

• non-cash payment by payment card
• non-cash transfer to the seller's account through a payment gateway
• cash on delivery or payment by card upon delivery of the goods
• cash or payment card upon personal pickup at the dispatch point.

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

3. In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 5 days from the conclusion of the purchase agreement.

4. In the case of payment through a payment gateway, the buyer shall follow the instructions of the relevant electronic payment service provider.

5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the seller's bank account.

6. The seller does not require any advance payment or similar payment from the buyer. Payment of the purchase price prior to dispatch of the goods is not a deposit.

7. According to the Act on Record-keeping of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the revenue received online with the tax administrator, in case of a technical failure, no later than within 48 hours.

8. The goods are delivered to the buyer:

• at the address specified by the buyer in the order, through the dispatch point at the address specified by the buyer
• by personal pickup at the seller's store

9. The method of delivery is chosen during the ordering of the goods.

10. The costs of delivery of the goods, depending on the method of dispatch and receipt of the goods, are stated in the buyer's order and in the order confirmation by the seller. If the method of transport is agreed based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

11. If, according to the purchase agreement, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the different way of delivery.

12. Upon receipt of the goods from the carrier, the buyer is entitled to check the integrity of the packaging of the goods, and in case of any defects and/or damage, to refuse to accept the goods. 

13. The seller issues a tax document - an invoice - to the buyer. The tax document is sent to the buyer's email address.

14. The color representation of the goods on the monitor may not accurately correspond to their real color shades as perceived by the buyer. The display of color shades also depends, among other things, on the quality of the display monitor or other display device used.

15. The buyer acquires ownership rights to the goods by paying the full purchase price for the goods, including the cost of delivery, but only upon receipt of the goods. The risk of damage to the goods passes to the buyer at the moment of receipt of the goods or at the moment when the seller allows the buyer to handle the goods and the buyer fails to take possession of the goods. 

VI. Withdrawal from the contract

1. The buyer who has concluded a purchase contract outside his business activity, employment or profession as a consumer has the right to withdraw from the purchase contract in the manner and under the conditions further specified in these terms and conditions.
2. If the purchase contract is concluded remotely (via an online store) or outside the seller's premises, and if the seller has provided the buyer with information on the right to withdraw from the purchase contract, conditions, deadline and procedure for exercising the right to withdraw from the purchase contract, including a withdrawal form from the purchase contract (in accordance with § 3 paragraph 1 letter h) of the Act on Consumer Protection in Distance Selling) and at the same time meets the requirements required by law, the buyer has the right under the Act on Consumer Protection in Distance Selling to withdraw from the purchase contract without giving any reason and without any sanction.
3. The deadline for withdrawing from the contract is 14 days from the day of receipt of the goods. The goods are considered to have been received by the buyer at the moment when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if: • goods ordered by the buyer in one order are delivered separately, at the moment of taking over the goods that were delivered last, if the subject of the purchase contract is the ordered goods that are delivered separately, • goods consisting of several parts or pieces are delivered, at the moment of taking over the last part or last piece, if several types of goods are the subject of the purchase contract or several parts are delivered, • goods are delivered repeatedly during a defined period, at the moment of taking over the first delivered goods, if the subject of the purchase contract is goods that are delivered during a defined period.

4. This is a paragraph in Slovak language that outlines the circumstances under which a consumer cannot exercise their right to withdraw from a distance selling contract according to § 7 (6) of the Consumer Protection Act. The paragraph lists several scenarios, including:

   • Provision of a service if the service has already started with the explicit consent of the consumer, who has been duly informed that by giving their consent, they waive their right to withdraw from the contract once the service has been fully provided.
   • Sale of goods or provision of a service, the price of which depends on fluctuations in the financial market that the seller cannot control and which may occur during the withdrawal period.
   • Sale of goods made to the consumer's specifications, personalized goods, or goods intended specifically for the consumer.
   • Sale of perishable or deteriorating goods.
   • Sale of goods that are sealed for health or hygiene reasons and whose protective seal has been broken after delivery.
   • Sale of goods that, due to their nature, are inseparably mixed with other goods after delivery.
   • Sale of alcoholic beverages whose price was agreed upon at the time of the contract but whose delivery is possible only after 30 days, and whose price depends on market fluctuations that the seller cannot control.
   • Urgent repairs or maintenance requested by the consumer explicitly.
   • Sale of sound, visual, audiovisual recordings, books, or computer software sold in protective packaging if the consumer has opened the package.
   • Sale of periodicals, except for those sold based on a subscription agreement, and sale of books not delivered in protective packaging.
   • Provision of accommodation services for a purpose other than accommodation, transportation of goods, car rental, provision of catering services, or provision of services related to leisure activities, under which the seller undertakes to provide these services at an agreed time or within an agreed deadline.
   • Provision of electronic content other than on a tangible medium if the provision has started with the explicit consent of the consumer, who has been duly informed that by giving their consent, they waive their right to withdraw from the contract. 

 

5. In order to comply with the deadline for withdrawing from the purchase contract, the buyer must send any clear statement expressing their intention to withdraw from the purchase contract within the deadline specified in Article VI, paragraph 3 of these terms and conditions.

6. The buyer may use the sample withdrawal form from the seller provided as an annex to these terms and conditions to withdraw from the purchase contract. The buyer shall send the withdrawal from the purchase contract to the email or mailing address of the seller specified in these terms and conditions. The seller shall promptly confirm receipt of the form to the buyer.

7. The buyer who withdraws from the purchase contract is obliged to return the goods to the seller within 14 days of withdrawing from the purchase contract. The buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by mail due to their nature.

8. If the buyer withdraws from the purchase contract, the seller shall promptly, but no later than 14 days after the withdrawal from the purchase contract, refund all payments received from the buyer, including the delivery costs, in the same manner. The seller shall refund the received payments to the buyer in another manner only if the buyer agrees to it and if it does not incur any additional costs for the buyer.

9. If the buyer chooses a different delivery method than the cheapest one offered by the seller, the seller will refund the buyer the cost of delivering the goods equivalent to the cheapest offered delivery method

10. If the buyer cancels the purchase agreement, the seller is not obligated to return the received funds to the buyer until the buyer has handed over the goods or proves that they have sent the goods back to the seller.

11. The buyer must return the goods to the seller undamaged, unused, and uncontaminated, and if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for damages caused to the goods against the buyer's claim for a refund.

12. The buyer may cancel the contract for the supply of goods even before the start of the withdrawal period. The withdrawal period will still be preserved if the buyer sends a notification of their intention to cancel the contract before the withdrawal period expires.

13. The seller is entitled to cancel the purchase agreement if their stock has run out, the goods are no longer available, or if the manufacturer, importer, or supplier of the goods has stopped producing or importing them. The seller will immediately inform the buyer via the email address provided in the order, and will return all funds received from the buyer based on the contract, including delivery costs, within 14 days from the notification of cancellation of the purchase agreement, using the same method of payment, or a method agreed with the buyer.

VII. Rights from Defective Performance (Complaint Procedure)

1. The seller is responsible to the buyer for ensuring that the goods do not have any defects at the time of delivery. In particular, the seller is responsible for ensuring that at the time the buyer takes possession of the goods: • the goods have the properties that the parties have agreed upon, and if there are no agreements, the goods have such properties that the seller or manufacturer has described or that the buyer expected based on the nature of the goods and the advertising carried out by the seller, and • the goods are suitable for the purpose for which the seller states they are intended or for which goods of the same type are commonly used, • the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model, • the goods are in the appropriate quantity, amount, or weight, and • the goods comply with legal requirements.

2. The seller's obligations for defective performance are at least to the extent that the manufacturer's obligations for defective performance persist. A consumer buyer (who does not act within the scope of their business, employment, or profession) is entitled to exercise the right to hold the seller liable for defects that occur in consumer goods within twenty-four months from the date of delivery of the goods.

3. If there is a period specified on the sold goods, on its packaging, or in the instructions attached to the goods or in advertising in accordance with other legal regulations, during which the goods may be used, the provisions on warranty for quality apply. The seller undertakes to provide a warranty for quality that the goods will be suitable for use for a certain period of time or that they will retain their normal properties. If the buyer rightfully points out a defect in the goods to the seller, the deadline for asserting rights from defective performance and the warranty period are extended for the time during which the buyer cannot use the defective goods.

4. The provisions of the previous paragraph of the terms and conditions do not apply to goods sold at a lower price due to a defect for which a lower price was agreed, to wear and tear caused by normal use of the goods, to used goods with defects corresponding to the extent of use or wear and tear that the goods had at the time of delivery to the buyer, or if it arises from the nature of the goods. The right to assert rights from defective performance does not apply to the buyer if the buyer knew that the goods had a defect before taking possession of them or if the buyer caused the defect themselves.

5. In case of a defect, the buyer may submit a complaint to the seller and request:

 

VII. Rights from defective performance (complaints procedure)

 

1. The seller is responsible to the buyer that the goods are free from defects at the time of takeover. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:

• the goods have properties that the parties have agreed on, and if there are no agreements, the goods have such properties that the seller or the manufacturer has described or that the buyer expected given the nature of the goods and based on the advertising conducted by the seller, and that

• the goods are suitable for the purpose for which the seller specifies their use, or for which goods of the same type are commonly used,

• the goods correspond to the agreed quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

• the goods are in the corresponding quantity, measure or weight, and

• the goods comply with legal regulations. 

2. The obligations arising from defective performance by the seller are at least in the same scope as the obligations arising from defective performance by the manufacturer. The consumer buyer (who does not act within the scope of his/her business, employment or profession) is entitled to exercise the right to liability for defects that occur in consumer goods within twenty-four months of their receipt.

3. If the sold item, its packaging, the instructions attached to it or the advertisement indicate a period during which the item can be used in accordance with other legal regulations, the provisions on warranty for quality shall apply. The seller guarantees the quality of the item for a certain period of time, i.e. that the item will be fit for its usual purpose or that it will retain its usual properties. If the buyer rightfully complains about a defect in the item, the period for exercising the rights from defective performance and the warranty period shall be extended for the period during which the buyer could not use the defective item.

4. The provisions set out in the previous paragraph of these terms and conditions shall not apply to items sold at a lower price due to a defect for which the lower price was agreed upon, to wear and tear caused by the normal use of the item, to used items for defects corresponding to the extent of use or wear and tear that the item had when it was taken over by the buyer, or if this arises from the nature of the item. The buyer shall not be entitled to the right to claim defective performance if he/she knew before taking over the item that the item had a defect, or if he/she caused the defect himself/herself.

5. In the event of a defect, the buyer may make a complaint to the seller and demand:

• exchange for new goods,
• repair of the goods,
• a reasonable discount from the purchase price, or
• withdraw from the contract.

6. In accordance with the relevant provisions of these terms and conditions, the buyer has the right to withdraw from the contract in the following cases:

• if the defect constitutes a substantial breach of the contract,
• if the defect cannot be removed and prevents the goods from being used as an item without defects according to the order,
• in the case of remediable defects, if the defect recurs after repair or there are a larger number of defects preventing the goods from being used as an item without defects.

7. A breach of the purchase contract is considered significant if the breaching party knew or should have reasonably foreseen, considering the purpose of the contract, its content or the circumstances under which the contract was concluded, that the other party would not be interested in fulfilling its obligations in the event of such a breach. In case of doubt, it is presumed that the breach of the contract is not significant.

8. In the case of a defect that constitutes a minor breach of the contract (regardless of whether it is a removable or non-removable defect), the buyer has the right to have the defect removed or to a reasonable discount off the purchase price.

9. If a removable defect occurs after repeated repairs (usually the third complaint for the same defect or the fourth for different defects) or if the product has multiple faults (usually at least three faults at the same time), the buyer has the right to claim a discount off the purchase price, exchange the product or withdraw from the contract.

10. When making a claim, the buyer must inform the seller of which right he has chosen. A change of choice without the consent of the seller is only possible if the buyer requested a repair of a defect that turns out to be irremovable. If the buyer does not choose his right due to a material breach of the contract in time, he has the same rights as in the case of a minor breach of the contract.

11. If repair or replacement of the product is not possible, the buyer may request a full refund of the purchase price based on withdrawal from the contract.

12. If the seller proves that the buyer knew about the defect before taking over the product or caused it himself, the seller is not obliged to comply with the buyer's claim.

13. The buyer cannot make a claim for discounted products for the reason for which the product is discounted.

14. The seller is obliged to accept a complaint in any outlet where it is possible to accept a complaint, or at the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer stating when the buyer exercised the right to complain, the content of the complaint, the method of handling the complaint requested by the buyer, as well as a confirmation of the date and method of handling the complaint, including a confirmation of the repair and the duration of the repair, or a written justification for rejecting the complaint. The seller has informed the buyer of his rights under Section 622 and Section 623 of the Civil Code by placing these commercial and complaint conditions on the relevant subpage of the seller's online store and the buyer had the opportunity to read them before sending the order. The buyer has been informed of the following rights: if there is a defect that can be removed, the buyer has the right to have it removed free of charge, in a timely and proper manner. The seller is obliged to remove the defect without undue delay. Instead of removing the defect, the buyer may request a replacement of the item, or if the defect concerns only a component of the item, a replacement of the component, provided that this does not result in disproportionate costs to the seller in relation to the price of the goods or the seriousness of the defect. The seller may always replace the defective item with a non-defective one, if this does not cause the buyer serious difficulties. If there is a defect that cannot be removed and which prevents the item from being used properly as an item without defects, the buyer has the right to exchange the item or has the right to withdraw from the contract. The same rights apply to the buyer if there are removable defects, but the buyer cannot use the item properly due to the reoccurrence of the defect after repair or due to a larger number of defects. If there are other non-removable defects, the buyer has the right to a reasonable discount on the price of the item.

15. The seller or an authorized employee shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time necessary to professionally assess the defect, depending on the type of product or service. The complaint, including the removal of the defect, must be handled promptly, no later than 30 days from the date of the complaint, unless the seller agrees with the buyer on a longer period. Failure to meet this deadline is considered a material breach of the contract, and the buyer has the right to withdraw from the purchase contract. The moment of lodging a complaint is considered to be the moment when the buyer expresses his or her will (exercising the right to non-conforming performance) to the seller.

16. The seller shall inform the buyer of the outcome of the complaint in writing.

17. The right to non-conforming performance does not belong to the buyer if the buyer knew before taking over the item that it had a defect, or if the buyer caused the defect himself or herself.

18. In the event of a justified complaint, the buyer has the right to compensation for purposefully incurred costs related to the exercise of the complaint. The buyer may exercise this right against the seller within one month after the expiration of the warranty period; otherwise, the court may not grant it.

19. The buyer has the choice of the method of complaint. Further rights and obligations of the parties relating to the seller's liability for defects are governed by the seller's complaint procedure.

20. The buyer was duly informed of the complaint procedure and informed of the conditions and method of complaint of the goods, including information on where the complaint can be made and on the performance of warranty repairs in accordance with § 18 (1) of the Consumer Protection Act, prior to the conclusion of the purchase contract, by placing these commercial and complaint terms and conditions on the relevant subpage of the seller's e-shop, and the buyer had the opportunity to read them before submitting the order.

XI. Final Provision

 

1. All agreements between the seller and the buyer shall be governed by the laws of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the law of the Slovak Republic. This does not affect the consumer's rights arising from generally binding legal regulations.

2. The seller is not bound by any codes of conduct in relation to the buyer under Section 3(1)(n) of the Act on Consumer Protection in Distance Selling.

3. All rights to the seller's websites, especially copyright to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the websites or their parts without the seller's consent.

4. The seller is not responsible for errors resulting from third-party interference with the online store or its use in violation of its intended purpose. The buyer may not use any procedures when using the online store that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to unlawfully interfere with or use the software or other components comprising the online store and use the online store or its parts or software in a manner that is inconsistent with its intended purpose or purpose.

5. The purchase contract, including the terms and conditions of sale, is archived by the seller in electronic form for 10 years and is not accessible.

6. The seller may change or supplement the wording of the terms and conditions. The obligation to notify in writing of changes to these general terms and conditions is fulfilled by posting them on the seller's online store website. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the terms and conditions.

7. The buyer declares that he/she has read and agreed to these general terms and conditions before filling out or announcing an order.

8. The sample form for withdrawing from the contract is attached to the terms and conditions.

These terms and conditions become effective on February 28, 2022.