General terms and conditions

General terms and conditions of Lumigreen, sro, conditions for exercising liability for defects and instructions on alternative dispute resolution

for e-commerce operated on the website tekovske-lumigreen.sk

(hereinafter referred to as the “Terms”)

1. General provisions

Lumigreen, sro, within its own operations, ensures the cultivation of plants, the sale of related goods, or the sale of other goods, while the plants are subject to regular and strict inspection before delivery to the buyer, which is a guarantee that the buyer receives viable plants of the best possible quality.

These terms and conditions govern the rights and obligations of the seller and the buyer arising from the purchase contract concluded between the seller, which is the company Lumigreen, sro (hereinafter referred to as the “seller”) and the buyer, the subject of which is the purchase of goods on the website within the seller’s e-commerce operation www.lumigreen.sk (hereinafter referred to as the “goods” for the aforementioned goods, and in the event that the provisions of the terms and conditions deal with goods with specific properties or a specific type of goods, a specific specification of the goods will be stated instead of the term “goods”).

These conditions shall apply to all/any legal relationships where the buyer has the legal status of a consumer within the meaning of the provisions of Section 52, paragraph 4 of the Civil Code ( A consumer is a natural person who, in connection with a consumer contract, an obligation arising from it or in a commercial practice, does not act within the scope of his business activity or profession. ), or the legal status of the buyer pursuant to Sections 612 to 626 of the Civil Code, as well as the legal status of a consumer pursuant to Act No. 108/2024 Coll. on Consumer Protection , who, on the basis of a purchase contract concluded remotely through electronic commerce, enters into a contractual relationship with the seller.

These terms and conditions shall also apply to all/any other legal relationships where the buyer does not have the legal status of a consumer, except for the provisions of Articles 9 to 12 (which shall not apply in the case of a buyer who does not have the legal status of a consumer), where the relevant provisions of the Commercial Code or other generally binding legal regulations shall apply to the relevant legal relationships.

Seller details:

Lumigreen, sro
registered office: Hradská 535, Tekovské Nemce, 966 54
Company ID: 50698427
Tax ID: 2120450321
VAT ID: SK2120450321

company registered in the Commercial Register of the District Court of Nitra, Section: Ltd., File number: 42632/N
account number: SK3475000000004024584918

Responsible manager: Justyna Ślichcin

e-mail address: justyna@tekovske-lumigreen.sk
phone number: +421455400349

Seller’s supervisory authority:

Central Inspectorate

Slovak Trade Inspection

info@soi.sk

P.O. Box 29

Bajkalska 21/A

827 99 Bratislava

Inspectorate of the SOI for the Nitra Region

Staničná 9, PO BOX 49A, 950 50 Nitra 1

Supervision Department

phone number: 037/772 02 16

link to contact details within the internet connection:

https://www.soi.sk/sk/Kontakt.soi

1.1. These terms and conditions as amended on the date of placing the order are an integral part of the purchase contract.

1.2. Displayed purchase price for goods on on the e-commerce website www.lumigreen.sk (hereinafter referred to as the “website” for the aforementioned website and the “e-commerce” for the aforementioned e-commerce), which is operated by the seller, also includes value added tax in the amount set by generally binding legal regulations, and (before the order is placed by the buyer) does not include the price for shipping (point 6.5) and the price for cash on delivery (point 6.6 letter a)), or the price for other optional services. All promotions on goods are valid until stocks last, unless otherwise stated for a specific product.

1.3. The Seller reserves the right to adjust the purchase price for the goods listed on the e-commerce website at any time. The change in the purchase price for the goods does not apply to orders placed before the change in the purchase price for the goods. The Seller also publishes all purchase prices for the goods in accordance with the conditions under Act No. 108/2024 Coll. on Consumer Protection (in particular pursuant to Section 7 of Act No. 108/2024 Coll. on Consumer Protection).

1.4. In the event that the seller fails to comply with its obligations set out in the applicable legal regulations of the Slovak Republic or the European Communities or in these terms and conditions, the buyer may exercise its rights against the seller through the competent court.

1.5 For the purposes of this article (as well as for the purposes of other provisions of these terms and conditions and the purchase contract), the seller and the buyer shall perform all actions and submissions via e-mail messages. The seller and the buyer shall perform submissions and actions via a postal carrier only in cases where: 1. these terms and conditions directly state so, 2. generally binding legal regulations require it, or 3. the specified method of delivery results from the decision or requirements of the buyer.

1.6. All relationships between the seller and the buyer that are not regulated by these terms and conditions are governed by the relevant provisions of the Civil Code and Act No. 108/2024 Coll. on Consumer Protection.

2. Placing an order

2.1. The buyer selects the goods based on the current offer published on the e-commerce website and confirms this selection by clicking on the button or box “ADD TO CART” (where the buyer also selects the number of goods using the relevant functionality of the virtual space of the website). After completing the purchase of all goods, the buyer checks the contents of the virtual “shopping cart” and goes to the virtual “cashier” as part of placing and completing the order, where he fills in the information that is listed as “mandatory” within the virtual space of the website (in particular, name and surname, address, e-mail address, telephone number, method of delivery, method of payment).

2.2. Orders placed through the e-commerce website are binding. By checking the box (in the wording or in a similar wording: I confirm that I have familiarized myself with the terms and conditions, I have read them, I have understood their content and I agree with them in their entirety. ) before sending the order, the buyer confirms that he has familiarized himself with and agrees to the terms and conditions.

2.3 To fully complete the order (as well as to properly conclude the purchase contract), the buyer must click on the box or button marked “SEND ORDER WITH PAYMENT OBLIGATION” (or with a similar wording that clearly states that sending the order includes the buyer’s obligation to pay the purchase price) .

3. Method of concluding a purchase contract

3.1. The proposal to conclude a purchase contract is sent by the buyer to the seller in the form of a completed and sent order form, where the buyer has duly clicked on the box or button marked “SEND ORDER WITH PAYMENT OBLIGATION” (or with a similar wording that clearly states that sending the order includes the buyer’s obligation to pay the purchase price). By clicking on the specified box or button, the buyer confirms that he has selected the goods (which are the subject of the purchase) himself and is ready to take them over and pay the purchase price.

3.2. After sending the order, the buyer will receive a notification of receipt of the order (or similar notification) (hereinafter referred to as the “order confirmation”) to his/her e-mail address. If necessary, all further information regarding his/her order or the terms and conditions of the purchase contract may be sent to the buyer’s e-mail address.

3.3. The order confirmation contains information that the order has been delivered to the seller and is also an acceptance of the proposal to conclude a purchase contract. The order confirmation contains information about the goods and the purchase price (including all items that make up the purchase price). The following documents are attached to the order confirmation (or other documents within the selected type of goods, where, for example, special care for plants is necessary, etc.): 1. conditions, 2. growing instructions (care for plants after delivery) (point 5.3), 3. sample form for withdrawal from the purchase contract according to point 11.4., 4. instructions on exercising the right to withdraw from the contract pursuant to Article 11.

If the seller, due to force majeure or even after making all reasonable efforts, is unable to deliver the goods to the buyer at the price stated in the order and notifies the buyer of this fact before binding acceptance of the order, the seller is not obliged to accept the buyer’s proposal to conclude a purchase contract.

3.4. If the seller has not informed the buyer in advance or before placing the order about the need to pay additional fees or other costs, the buyer is not obliged to pay these additional costs or fees.

4. Rights and obligations of the seller

4.1. The seller is obliged to deliver the goods to the buyer in the agreed quantity, package them or prepare them for transport in a manner necessary for their preservation and protection.

4.2. The Seller has the right to proper and timely payment of the purchase price.

4.3 The Seller delivers the goods within the following countries: Slovak Republic, Czech Republic, Hungary, Austria, Germany, while the Buyer selects the country of delivery of the goods within the order form.

5. Buyer’s rights and obligations and special provisions concerning the buyer

5.1. The buyer is obliged to take over the ordered and delivered goods and pay the purchase price in full.

5.2. The buyer has the right to delivery of goods in the quantity and quality according to the order.

5.3. In the event that the goods are plant products, the buyer is obliged to always comply with and follow the document marked “Plant Care After Delivery” , which was delivered to the buyer together with the order confirmation. The said document “Plant Care After Delivery” may contain a description of the cultivation interventions that the buyer is obliged to carry out properly and in a timely manner.

5.4. The Buyer may also receive from the Seller a special “plant planting guide” (if the goods are in the nature of a plant product), which should significantly contribute to the plants taking root well and bringing the desired benefit, and the Buyer is obliged to proceed according to the said guide. The said “plant planting guide” may contain a description of the cultivation interventions that the Buyer is obliged to carry out properly and in a timely manner.

5.5. The Seller informs the Buyer that due to frost or improper care, the “death” of plant goods may occur, or usually does occur. The Buyer is therefore obliged to act in such a way that proper care of the plants is observed and the plants are not exposed to excessive frost.

5.6. In the case of plant goods, the buyer is obliged to ensure the fastest possible receipt of the shipment of plant goods, and after receipt, immediately open the shipment of plant goods and unpack and water the individual plants. If the delivered plants have not been taken despite proper care, it is necessary for the buyer to immediately contact the seller at the e-mail address justyna@tekovske-lumigreen.sk or by phone at +421455400349 (where the buyer will subsequently receive instructions from the seller on how to proceed in this situation). Likewise, any damage to the plant goods caused during transport must be immediately reported to the seller by the buyer in the manner indicated.

5.7. The Seller informs the Buyer that the photographs provided on the e-commerce website (in the case of plant goods) depict typical representatives of the plant species sold. The photographs show adult plants that are grown under optimal growing conditions (i.e. required watering, light, substrate, climatic conditions, season, etc.). Deciduous plants are shown in the photographs during the main growing season, and in the early spring and autumn periods they are usually delivered without leaves. The Seller informs the Buyer that the sales size indicated for individual plant goods may vary slightly due to the period of the growing season and the need for cultivation operations on the plant (e.g. spring pruning).

5.8. The Seller informs the Buyer that the falling of leaves in the autumn period is a natural part of the life cycle of deciduous plants.

6. Delivery and payment terms

6.1. The availability of goods is stated for each product on the e-commerce website, and in the case of stock availability, the term “IN STOCK” is stated.

6.2. Goods that the seller has in stock will usually be delivered to the buyer within 3 to 5 working days. In the spring months, this delivery time may be extended, and the goods will be delivered to the buyer no later than 30 days. The delivery period for goods – bare-root products or products that are not perennial plants is listed below.

In the event that the order contains goods – free-rooted products or products that are not of the nature of perennial plants , the order will be automatically divided, or free-rooted products and products that are not of the nature of perennial plants will be delivered to the buyer separately. Free-rooted products and products that are not of the nature of perennial plants will be delivered to the buyer within 60 days (the order confirmation message delivered to the buyer may also indicate an earlier deadline that applies or takes precedence over the stated 60-day deadline).

If the buyer expresses a desire for the goods to be delivered later (or only after the above-mentioned deadlines have expired), it is necessary to indicate this fact in the notes within the order.

The seller will inform the buyer about the shipment of the ordered goods in an e-mail message.

The deadlines for delivery of goods under this clause shall commence on the date of payment of the purchase price (specified in Article 7) (except for payment by “cash on delivery” pursuant to clause 6.6. letter a)). In the case of “cash on delivery”, the stated deadlines shall commence on the date of delivery of the order confirmation.

The tax document (invoice) is delivered with the goods.

6.3. Due to the size of the warehouse and the quantity of goods, personal collection of goods at the seller’s headquarters or premises is not possible. This also applies to purchases without placing an order.

6.4. The vast majority of plants are containerized, which allows for their rapid year-round shipment.

6.5. Transport or delivery of goods to the buyer is provided by courier companies: 1. Slovak Parcel Service sro, with registered office: Senecká cesta 1, 900 28 Ivanka pri Dunaji, 2. Smart Delivery Service SK sro, with registered office: Dunajská 46, 811 08 Bratislava, 3. General Logistics Systems Slovakia sro, with registered office: Budča 1039, 962 33 Budča (hereinafter referred to as the “courier companies”, and in the singular also as the “courier company”).

The price for shipping (by courier company) is 5.99 Euros.

For orders that only contain virtual products (online gift voucher), delivery is free.

6.6. Payment of the purchase price is made in the following ways (where the buyer selects the method of payment of the purchase price within the order form, where he marks the relevant box on the order form):

a) Payment in the form of “cash on delivery”, where the purchase price is paid upon delivery of the goods to the courier company (in cash or via a payment card at a payment terminal).

In the case of “cash on delivery”, the buyer pays the cash on delivery price in the amount of EUR 1.

b) Payment via the Stripe payment gateway (online payment).

c) Payment via GooglePay or ApplePay payment gateway (online payment).

d) Payment by credit card via the MAESTRO, MAESTRO CARD, VISA payment gateway (online card payment).

e) Payment by bank transfer to the seller’s bank account.

The buyer will receive the seller’s bank account in a separate e-mail message (which will usually be delivered to the buyer immediately after receiving the order confirmation), where the buyer will receive a payment order for the payment of the purchase price containing the seller’s bank account and the validity period of the payment order (which is considered the maturity period of the purchase price, and is 7 days from the date of placing the order).

f) Payment in the form of a gift voucher.

Payments under letters b) to d) of this point will be made via an e-commerce transaction (the buyer shall mark one of the options under letters b) to d) of this point in the order form), where an e-commerce transaction is a cashless transfer without the presence (or physical use) of the buyer’s payment card, carried out electronically by providing card details (listed below), or other buyer data within the connection with the buyer’s payment gateway and/or electronic wallet (e.g. e-mail address, etc.) directly via the electronic payment gateway, to which the buyer will be immediately redirected from the order form after selecting the specified payment method (where the buyer will also select the national language if this option is not offered to the buyer immediately).

As part of the transfer of funds pursuant to letter d) of this point (the same may apply to the method pursuant to letter b) of this point), the buyer enters the necessary card details: payment card number, card validity, CV/CVV code – a three-digit numerical verification code that is listed on the back of the payment card near the signature strip, and/or other data (in cases pursuant to letter c) of this point).

At the same time, within the framework of an e-commerce transaction pursuant to letter d) of this point (the same may apply to the method pursuant to letter b) of this point), the buyer always proceeds according to the current security instructions of the payment gateway, where in the event of a request for identity verification, he enters all necessary data (e.g. current e-PIN, security code sent to the buyer in the form of an SMS message).

A payment gateway means a payment connection between a website and a payment service provider within an e-commerce transaction platform.

In the above cases, the purchase price is payable at the moment of performing the above-mentioned actions within the framework of the implementation of the e-commerce transaction, or within the framework of using the payment gateway and/or virtual “wallet”.

For the avoidance of doubt, it is stated that the seller also has no direct influence on the above-mentioned payment systems, cannot control and/or modify any payment data entered by the buyer, and does not store them in any way.

Payment under letter f) of this point will be made by the buyer entering the code, password and/or other required security features indicated on the gift voucher (hereinafter referred to as the “voucher” for the purposes of this article) into the order form, while the monetary value stated in the text of the voucher (or the monetary expression stated as a whole number in EURO on the voucher) will be deducted from the purchase price of the goods. The voucher does not apply to the payment of the shipping price (point 6.5.) and the price for cash on delivery (point 6.6. letter a)). The voucher is not exchangeable for cash and cannot be divided for multiple orders, while the value of the voucher can only be used within one order.

In the event of withdrawal or other cancellation of the purchase contract, the buyer will be refunded the amount (which was applied as part of the voucher) via a replacement voucher or by creating an adequate “credit”, or by determining another option for the further purchase of goods in the amount of the voucher.

The validity of the voucher is stated on the back of the voucher, and after the expiry date of the voucher, the voucher becomes invalid, and it is no longer possible to pay for the purchase price of the goods using the voucher. The voucher can only be used for purchases on the e-commerce website.

The voucher cannot be used repeatedly, i.e. using the voucher within one order makes the voucher invalid (even if the monetary value stated in the voucher text does not cover the entire purchase price of the goods).

The voucher cannot be replaced in any way in case of loss or damage.

6.7. On the day of delivery of the goods, an employee of the courier company will contact the buyer by phone or via SMS about the time of delivery of the goods, and the buyer is obliged to be at the place of delivery of the goods (which he stated in the order) at the specified time.

6.8. Plant goods are marked with the genus and species name and packed in a sturdy cardboard box. Individual plants in the box are wrapped in special packaging to prevent damage during transport. Shipments of goods are prepared on the day of shipment so that the plant goods are delivered in the freshest possible condition.

6.9. The Buyer is obliged to take delivery of the goods at the location specified by the Buyer in the order. The Buyer is obliged to take delivery of the goods within the delivery period specified in point 6.2.

6.10. In the event that the seller (through a courier company) delivers the goods to the buyer, the buyer is obliged to take over the goods in person or ensure that the goods are taken over by a person designated by him, and is also obliged (if requested to do so by an employee of the courier company) to sign a protocol on the delivery and handover of the goods (usually in the form of a simple electronic signature). Delivery of the goods to the buyer means the delivery of the goods to the place specified by the buyer in the order, its receipt by the buyer or a person designated by him and the signing of the protocol on the delivery and handover of the goods to the buyer.

6.11. The buyer is entitled to inspect the shipment of goods as well as its packaging immediately after delivery of the goods.

7. Purchase price

7.1. The purchase price agreed in the purchase contract between the seller and the buyer is stated in the order and in the order acceptance, while the purchase price for the purposes of these terms and conditions (unless a special provision of the terms and conditions states otherwise, or unless it is clear that it is a different or separate component of the purchase price) is considered to be the purchase price of the goods, including the price for transport (point 6.5.) and the price for cash on delivery (point 6.6. letter a)) (hereinafter collectively referred to as the “purchase price”).

7.2. The Buyer is obliged to pay the purchase price to the Seller in the manner chosen in the order form (point 6.6.).

7.3. The buyer is obliged to pay the seller the purchase price before delivery of the goods, and if the purchase price is not paid in full, the seller is not in delay with the delivery of the goods. In the case of “cash on delivery” (in the manner according to point 6.6. letter a)), the buyer pays the purchase price upon delivery of the goods, and if the buyer refuses to pay the purchase price (based on a request from an employee of the courier company), the goods will not be delivered or handed over to the buyer.

7.4. Any services associated with the removal of the goods or further handling of the goods after delivery to the buyer are not included in the purchase price and the seller is not obliged to provide these services to the buyer.

8. Acquisition of ownership and transfer of risk of damage to the goods

8.1. Ownership of the goods and the risk of accidental destruction, accidental deterioration and loss shall pass to the buyer upon delivery.

9. Conditions for exercising liability for defects in goods

9.1. The goods sold must comply with the agreed requirements (point 2 of this article) and general requirements (point 3 of this article). The goods may not comply with the general requirements if the seller, when concluding the purchase contract (or when placing the order), expressly informed the buyer that a certain property of the goods does not comply with the general requirements, and the buyer expressly and specifically agreed to the non-compliance. The provisions of this point are also interpreted in connection with and in connection with the provisions of points 5.4. to 5.8., where the buyer acknowledges that if facts arise and/or the buyer’s obligations under points 5.4. to 5.8. are not met, the seller’s liability for defects or for the resulting condition of the plant goods may be excluded in these cases.

9.2. The goods sold are in accordance with the agreed requirements if, in particular: 1. they correspond to the description, type, quantity and quality specified in the purchase contract (or when placing the order), 2. they are suitable for a specific purpose, with which the buyer informed the seller no later than when concluding the purchase contract, and with which the seller agreed, 3. they are characterized by the ability to perform functions defined in the contract with regard to their purpose (hereinafter referred to as “functionality”), 4. they are characterized by other properties defined in the purchase contract (or when placing the order), 5. they are delivered with all accessories defined in the purchase contract (or when placing the order), 6. the buyer is delivered “instructions for growing (plant care after delivery)” . The provisions of this point are also interpreted in connection with and in connection with the provisions of point 5.4. to 5.8., where the buyer acknowledges that if facts arise and/or the buyer’s obligations under points 5.4. to 5.8. are not met, the seller’s liability for defects or for the resulting condition of the plant goods may be excluded in these cases.

9.3. The goods sold are in compliance with the general requirements if: 1. they are suitable for all purposes for which goods of the same type are normally used, taking into account in particular the legal regulations, technical standards or codes of conduct applicable to the relevant sector, if technical standards have not been drawn up, 2. they correspond to the description and quality of the sample or model that the seller made available to the buyer before the conclusion of the purchase contract, 3. they are delivered with accessories, packaging and “growing instructions (plant care after delivery)” that the buyer can reasonably expect, and 4. they are delivered in the quantity, quality and with the properties, including functionality, compatibility, safety and the ability to maintain their functionality and performance in normal use (hereinafter also referred to as “lifespan”), which are normal for goods of the same type and which the buyer can reasonably expect given the nature of the goods sold and taking into account any public statement by the seller or another person in the same supply chain, including the manufacturer, or in their name, especially when promoting the goods or on their label. The manufacturer is considered to be the manufacturer of the goods, the importer of the goods to the European Union market from a third country or another person who identifies himself as the manufacturer by placing his name, trademark or other distinguishing mark on the goods. The provisions of this point are also interpreted in connection with and in connection with the provisions of points 5.4. to 5.8., where the buyer acknowledges that if facts occur and/or the buyer’s obligations under points 5.4. to 5.8. are not met, in these cases the seller’s liability for defects or for the resulting condition of the plant goods may be excluded.

9.4. The Seller is not bound by a public statement pursuant to point 9.3. (paragraph 4.) if, for a justified reason, he was not aware or could not have been aware of the public statement, by the time of the conclusion of the purchase contract, the public statement was corrected in the same or comparable manner as it was declared, or the Buyer’s decision to conclude the purchase contract could not have been influenced by the public statement (the burden of proof of these facts lies with the Seller).

9.5. The goods sold are defective if they do not comply with the requirements under point 9.1. or if their use is prevented or restricted by the rights of a third party, including intellectual property rights.

9.6. The seller is liable for any defect in the goods sold at the time of delivery and which becomes apparent within two years of delivery of the goods.

9.7. If a defect becomes apparent before the expiry of the period specified in point 9.6, it is assumed that the defect was already present in the goods at the time of delivery. This does not apply if the contrary is proven or if this assumption is incompatible with the nature of the goods or the defect.

9.8. If the seller is liable for a defect in the goods sold, the buyer has the right to have the defect removed by repair or replacement (points 9.17 to 9.21), the right to an appropriate discount on the purchase price or the right to withdraw from the purchase contract (points 9.22 to 9.30 of this article).

9.9. The Buyer may refuse to pay the purchase price or part thereof until the Seller has fulfilled its obligations arising from liability for defects, unless the Buyer is in default of payment of the purchase price or part thereof at the time of the defect being pointed out (this applies only if, based on a special agreement, the purchase price was not paid before delivery or handover of the goods to the Buyer). The Buyer shall pay the purchase price without undue delay after the Seller has fulfilled its obligations.

9.10. The Buyer may exercise rights arising from liability for defects, including the right under point 9.9, only if he has reported the defect within two months of discovering the defect (and at the same time, no later than the expiry of the period under point 9.6).

9.11. The exercise of rights under liability for defects does not exclude the buyer’s right to compensation for damage caused by the defect.

9.12. The defect can be reported at any of the seller’s establishments, at the address specified in Article 1. – Seller’s details, or by electronic message (to the e-mail address specified in Article 1. – Seller’s details or to another address published on the website).

9.13. If the buyer has complained about a defect in a postal item that the seller has refused to accept, the item is considered delivered on the date of refusal.

9.14. The Seller shall provide the Buyer with a written confirmation of the defect immediately after the Buyer has pointed out the defect. In the confirmation of the defect, the Seller shall state the period within which the defect shall be removed in accordance with Section 507, Paragraph 1 of the Civil Code ( If it is a defect that can be removed, the Buyer may request its removal free of charge. The Seller shall remove the defect within a reasonable period. A reasonable period shall be understood as the shortest time that the Seller needs to assess the defect and to repair or replace the item, taking into account the nature of the item and the nature and severity of the defect. ) shall be removed. The period notified in accordance with the previous sentence may not be longer than 30 days from the date of the defect being pointed out, unless a longer period is justified by an objective reason that the Seller cannot influence.

9.15. If the Seller refuses liability for defects, it shall notify the Buyer of the reasons for the refusal. If the Buyer proves the Seller’s liability for a defect by means of an expert opinion or a professional opinion issued by an accredited person, an authorized person or a notified person, it may repeatedly allege the defect and the Seller may not refuse liability for the defect; the provisions of point 9.10. shall not apply to repeated allegation of a defect. The Buyer’s costs associated with the expert opinion and professional opinion shall be subject to Section 509(1). 2 of the Civil Code ( The Buyer has the right to compensation from the Seller for the costs reasonably incurred in connection with the detection of a defect for which the Seller is responsible and the exercise of rights arising from liability for the defect. The Buyer must exercise the aforementioned right with the Seller no later than two months after the delivery of the repaired or replacement item, payment of a discount on the price or refund of the price after withdrawal from the contract, otherwise the right shall lapse. ).

9.16. The Buyer has the right to choose to eliminate the defect by exchanging the goods or repairing the goods . The Buyer cannot choose a method of eliminating the defect that is not possible or that would cause the seller disproportionate costs compared to the second method of eliminating the defect, taking into account all the circumstances, in particular the value that the goods would have without the defect, the severity of the defect and the fact whether the second method of eliminating the defect would cause the buyer significant difficulties. Given the nature of the goods offered on the e-commerce website, it is stated that the seller will (given the provisions of the previous sentence of this point) usually eliminate the defect by exchanging the goods (where, however, the possibility of eliminating the defect by repairing the goods is not excluded).

9.17. The Seller may refuse to remove the defect if repair or replacement is not possible or if it would require unreasonable costs taking into account all the circumstances, including the circumstances under point 9.16. second sentence of this article.

9.18. The Seller shall repair or replace the goods within a reasonable period (clause 9.14.) after the Buyer has pointed out the defect, free of charge, at its own expense, and without causing significant inconvenience to the Buyer, taking into account the nature of the goods and the purpose for which the Buyer requested the goods.

9.19. For the purposes of repair or replacement, the buyer shall hand over or make the goods available to the seller (the above does not apply if the seller expressly confirms to the buyer that this is not necessary due to the nature of the goods) . The costs of taking over the goods shall be borne by the seller.

9.20. The Seller shall deliver the repaired goods or replacement goods to the Buyer at its own expense in the same or similar manner as the Buyer delivered the defective goods, unless the Seller and the Buyer agree otherwise. If the Buyer does not take delivery of the goods within six months of the date on which they were to be taken delivery, the Seller may sell the goods. If the goods are of greater value, the Seller shall notify the Buyer of the intended sale in advance and shall grant him a reasonable additional period for taking delivery of the goods. The Seller shall pay the Buyer the proceeds from the sale of the goods immediately after the sale, after deducting the costs reasonably incurred by him for their safekeeping and sale, if the Buyer exercises his right to a share of the proceeds within a reasonable period specified by the Seller in the notice of the intended sale of the goods. The seller may destroy the goods at his own expense if he has not been able to sell them or if the expected proceeds from the sale are not sufficient to cover the costs that the seller has reasonably incurred in storing the goods and the costs that the seller would necessarily have to incur in selling them.

9.21. When eliminating a defect by replacing the goods, the seller is not entitled to compensation for damage caused by normal wear and tear of the goods and to compensation for normal use of the goods before their replacement.

9.22. The buyer has the right to a reasonable discount on the purchase price or may withdraw from the purchase contract without providing an additional reasonable period of time pursuant to Section 517(1). 1 of the Civil Code ( A debtor who fails to fulfill his debt properly and on time is in default. If he fails to fulfill it even within an additional reasonable period provided to him by the creditor, the creditor has the right to withdraw from the contract; if it is a divisible performance, the creditor’s withdrawal may under these conditions also only concern individual performances. ), if: 1. the seller has not repaired or replaced the goods, 2. the seller has not repaired or replaced the goods, 3. the seller has refused to remove the defect pursuant to point 9.17., 4. the goods have the same defect despite the repair or replacement of the goods, 5. the defect is of such a serious nature that it justifies an immediate discount on the purchase price or withdrawal from the purchase contract, or 6. the seller has declared or it is obvious from the circumstances that he will not remove the defect within a reasonable period or without causing serious difficulties for the buyer.

9.23. When assessing the buyer’s right to a discount on the purchase price or withdrawal from the purchase contract pursuant to point 9.22. (paragraphs 4 and 5), all circumstances shall be taken into account, in particular the type and value of the goods, the nature and severity of the defect and the possibility of objectively requiring the buyer to trust in the seller’s ability to eliminate the defect.

9.24. The discount on the purchase price must be proportionate to the difference between the value of the goods sold and the value that the goods would have had if they were free of defects.

9.25. The buyer may not withdraw from the purchase contract under point 9.22. if the buyer participated in the occurrence of the defect or if the defect is negligible. The burden of proof that the buyer participated in the occurrence of the defect and that the defect is negligible is borne by the seller. Cases of the buyer’s participation in the occurrence of the defect are also considered to be cases under points 5.4. to 5.6. if the unfavorable condition of the goods arose as a result of the buyer’s actions and/or omissions.

9.26. If the purchase contract concerns the purchase of several goods, the buyer may withdraw from it only in relation to the defective goods. In relation to the other goods, he may withdraw from the purchase contract only if he cannot reasonably be expected to be interested in keeping the other goods without the defective goods.

9.27. After withdrawing from the purchase contract or part thereof, the buyer shall return the goods to the seller at the seller’s expense (the above does not apply if the seller expressly confirms to the buyer that this is not necessary due to the nature of the goods).

9.28. After withdrawing from the purchase contract, the seller will refund the purchase price to the buyer no later than 14 days from the date of return of the goods to the seller or after proving that the buyer sent the goods to the seller, whichever occurs first.

9.29. The Seller shall refund the purchase price to the Buyer or pay him a discount on the purchase price in the same manner as the Buyer used to pay the purchase price, unless the Buyer expressly agrees to another method of payment. All costs associated with the payment shall be borne by the Seller.

9.30. The seller is not entitled to compensation for damage caused by normal wear and tear of the goods and to compensation for normal use of the goods before withdrawal from the purchase contract.

10. Personal data and its protection

10.1. The contracting parties have agreed that the buyer, if he is a natural person, is obliged to notify the seller in the order of his name and surname, permanent address including postal code, telephone number and email address.

10.2. The contracting parties have agreed that the buyer, if he is a legal entity, is obliged to notify the seller in the order of his business name, registered office address including postal code, company ID, telephone number and email address.

10.3. The Buyer may at any time check and change the personal data provided, as well as cancel their registration after logging in to the e-commerce website in the My Data section.

10.4. The Seller hereby informs the Buyer that, pursuant to Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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 the 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, since the processing of the Buyer’s personal data will be carried out by the Seller within the framework of pre-contractual relations with the Buyer and the processing of the Buyer’s personal data is necessary for the performance of the purchase contract in which the Buyer acts as one of the contracting parties.

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

10.6. The Seller undertakes to handle and dispose of the Buyer’s personal data in accordance with the applicable legal regulations of the Slovak Republic.

10.7. The Seller declares that, in accordance with Article 5, paragraph 1, letters a) and b) of the Regulation, it will collect the Buyer’s personal data exclusively for the purpose specified in these business and complaint terms and conditions.

10.9. The Seller declares that for purposes other than those specified in these business and complaint terms and conditions, it will always collect the Buyer’s personal data separately on an adequate legal basis and will also ensure that this personal data will be processed and used exclusively in a manner that corresponds to the purpose for which it was collected and will not associate it with personal data that was collected for another purpose or for the purpose of fulfilling the purchase contract.

10.10. 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, understandable and unmistakable manner:

your identification data, which are listed in Article 1 of these business and complaint terms and conditions, proving the identity of the seller,
contact details of the seller or the seller’s responsible person,
the purpose of processing personal data, which is the conclusion of a purchase contract between the seller and the buyer and the legal basis for processing personal data,
that the buyer is obliged to provide the required personal data for the purposes of concluding the purchase contract and properly processing and delivering the order,
if the processing is based on Article 6(1)(f), that the legitimate interest pursued by the seller is direct marketing,
identification data of a third party, which is the company that will deliver the ordered goods to the buyer, or identification data of other recipients or categories of recipients of personal data, if any,
the period of retention of personal data, or the criteria for determining it,

10.11. The Seller declares that it will process personal data in accordance with good morals and will act in a manner that does not contradict the Regulation or other generally binding legal regulations, nor will it circumvent them.

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

the identity and contact details of the seller and, where applicable, the seller’s representative,
contact details of any responsible person,
the purposes of the processing for which the personal data are intended, as well as the legal basis for the processing,
if the processing is based on Article 6(1)(f), the legitimate interests pursued by the seller or a third party,
the circle of recipients, or categories of recipients of personal data, if any,
where relevant, information that the seller intends to transfer personal data to a third country or international organization,
the period of retention of personal data, or the criteria for determining it,
information about the existence of the right to request access to his/her personal data from the seller and the right to rectify or erase them or restrict processing or the right to object to processing as well as the right to data portability, and the right to file a complaint with the supervisory authority,
information on whether the provision of personal data is a legal or contractual requirement, or a requirement that is necessary for the conclusion of a contract, whether the buyer is obliged to provide personal data, as well as the possible consequences of failure to provide such data,
the existence of automated decision-making, including profiling;

The Buyer has the right to obtain from the Seller a copy of the personal data that is 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.

10.13. If the buyer exercises his right under point 10.11 in writing or electronically and the content of his request indicates that he exercises his right under point 10.11, the request shall be deemed to have been submitted under this Regulation.

10.14. The Buyer has the right to object to the Seller’s processing of his personal data, which he assumes are or will be processed for direct marketing purposes, 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.

10.15. The Buyer, if he suspects that his personal data is being processed unlawfully, may file a complaint with the Office for Personal Data Protection of the Slovak Republic. If the Buyer does not have the capacity to perform legal acts in full, his rights may be exercised by a legal representative. The Seller shall take appropriate measures to provide the Buyer with all the information specified in point 10.11. in a concise, transparent, understandable and easily accessible form, clearly and simply formulated. The Seller shall provide the information electronically or, in accordance with the Regulation, by other means agreed upon with the Buyer.

10.16. The seller shall provide the buyer with information on the measures taken based on the buyer’s request without undue delay, in any case within one month of receipt of the request.

10.17. The Seller hereby informs the Buyer that, due to the performance 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 or groups of recipients:

Slovak Parcel Service sro

Registered office: Senecká cesta 1, 900 28 Ivanka pri Dunaji
Company ID: 31329217
Tax ID: 2020351993
VAT ID: SK 2020351993
Registered in the Commercial Register of the District Court Bratislava I, Section Ltd. File No. 3215/B

SDS – Smart Delivery Service SK sro

Registered office: Dunajská 46, 811 08 Bratislava

ID: 45487880

VAT number: 2023009505

VAT ID: SK2023009505

Registered in the Commercial Register of the Municipal Court Bratislava III, Section Ltd. File No. 75262/B

GLS General Logistics Systems Slovakia s.r.o

Registered office: Budča 1039, 962 33 Budča

ID: 36624942

VAT number: 2021797140

VAT ID: SK2021797140

Registered in the Commercial Register of the District Court in Banská Bystrica, file no. 9084/S, section: Ltd.

11. Withdrawal from the purchase contract

11.1. Every buyer (who is a consumer) has the right to withdraw from the purchase contract within 14 days from the date of receipt of the goods (even without giving a reason), pursuant to Sections 19 to 22 of Act No. 108/2024 Coll. on Consumer Protection, with the goods being deemed to have been received at the moment when the buyer or a third party designated by him, except for the carrier, receives all parts of the ordered goods, or if: 1. the goods ordered by the buyer in one order are delivered separately, at the moment of receipt of the goods that were delivered last, 2. the goods consisting of several parts or pieces are delivered, at the moment of receipt of the last part or piece, 3. the goods are delivered repeatedly over a certain period of time, at the moment of receipt of the first goods. At the same time, the provisions of point 11.23 always apply.

11.2. The provisions of this article apply exclusively to withdrawal from the purchase contract made pursuant to point 11.1. within the legally stipulated 14-day period.

11.3. The buyer may withdraw from the purchase contract, the subject of which is the delivery of goods, even before the period for withdrawal from the purchase contract begins to run.

11.4. The Buyer may exercise the right to withdraw from the purchase contract in written form or in the form of a record on another durable medium, and if the purchase contract was concluded orally, any clearly formulated statement of the Buyer expressing the Buyer’s will to withdraw from the contract (hereinafter referred to as the “notice of withdrawal from the contract”) is sufficient to exercise the Buyer’s right to withdraw from the purchase contract. The Buyer may at any time use the sample form for withdrawal from the purchase contract , which is continuously published on the website, or which was sent to the Buyer as part of the order confirmation by the Seller.

11.5. The period for withdrawal from the purchase contract is deemed to have been observed if the buyer sends a notice of withdrawal from the purchase contract to the seller no later than the last day of the period.

11.6. In case of doubt about delivery, the notice of withdrawal sent by the buyer shall be deemed to have been delivered after the expiry of a period appropriate to the method of delivery used, if the buyer can prove that the notice of withdrawal was sent to the address notified to the buyer by the seller before or after the conclusion of the purchase contract. The notice of withdrawal shall be deemed to have been delivered on the date of its sending to the seller at the address referred to in the first sentence of this point, if the postal item containing the notice of withdrawal cannot be delivered to the seller for reasons pursuant to a special regulation.

11.7. The Seller is obliged to provide the Buyer with a confirmation of its delivery on a durable medium immediately after the delivery of the notice of withdrawal from the contract, if the Buyer withdrew from the purchase contract using a special function or form for withdrawal from the purchase contract (applies only if the virtual space of the website contains such functionality or form).

11.8. The buyer may withdraw from the purchase contract only in relation to a specific good or goods if the seller has delivered or provided multiple goods under the purchase contract.

11.9. The effects of withdrawal from the purchase contract also apply to any supplementary contract to the purchase contract from which the buyer has withdrawn; this does not apply if the seller and the buyer expressly agree on the further duration of the supplementary contract. A supplementary contract is understood to be any contract for the delivery or provision of additional goods that are related to the subject of the purchase contract, regardless of whether the goods are delivered or provided by the seller or another person based on an agreement with the seller.

11.10. In connection with the termination of the supplementary agreement pursuant to point 11.9., the seller or another person may only demand reimbursement of the costs pursuant to points 11.13. and 11.18. from the buyer.

11.11. The burden of proof regarding the exercise of the right to withdraw from the purchase contract lies with the buyer.

11.12. The buyer is obliged to return the goods or hand them over to the seller or a person designated by the seller to collect the goods within 14 days from the date of withdrawal from the purchase contract (this does not apply if the seller proposes to collect the goods in person or through a person designated by him, while the aforementioned option is exclusively by agreement between the seller and the buyer). The period according to the first sentence is considered to have been observed if the buyer sends the goods to the seller no later than the last day of the period.

11.13. When withdrawing from the purchase contract, the buyer only bears the costs of returning the goods to the seller or to the person designated by the seller to take over the goods; this does not apply if the seller has agreed to bear the costs himself.

11.14. The seller is liable for any reduction in the value of the goods resulting from handling the goods that goes beyond the handling necessary to determine the properties and functionality of the goods.

11.15. The Buyer shall not incur any further obligations or costs from exercising the right to withdraw from the purchase contract, except for the obligations under points 11.12. and 11.13. and the obligation to pay additional costs under point 11.18.

11.16. The Seller is obliged to return to the Buyer all payments received from him on the basis of or in connection with the purchase contract, with the supplementary contract (according to point 11.9.), including the costs of transport, delivery, postage and other costs and fees, within 14 days from the date of receipt of the notice of withdrawal from the contract.

11.17. The Seller is obliged to refund to the Buyer all payments under point 11.16. to the extent corresponding to the withdrawal from the purchase contract, if the Buyer has not withdrawn from the entire purchase contract. The Seller cannot charge the Buyer additional costs for transport, delivery, postage and other costs and fees.

11.18. The Seller is not obliged to pay the Buyer additional costs if the Buyer has explicitly chosen a delivery method other than the cheapest standard delivery method offered by the Seller. Additional costs are understood to be the difference between the delivery costs chosen by the Buyer and the costs of the cheapest standard delivery method offered by the Seller.

11.19. The seller is not obliged to return the payments to the buyer under point 11.16 when withdrawing from the purchase contract before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller, unless the seller proposes to collect the goods in person or through a person designated by him.

11.20. The Seller is obliged to refund the Buyer the payments pursuant to point 11.16. in the same manner as the Buyer used to pay them; this does not affect the Seller’s right to agree with the Buyer on another method of payment, provided that the Buyer is not charged any fees in connection with the payment.

11.21. The seller is obliged to ensure the collection of the goods at his own expense within the period according to point 11.16. of this article, if, based on the purchase contract, the goods were delivered to the buyer’s home at the time of conclusion of the purchase contract and, taking into account the nature of the goods, it is not possible to send the goods back to the seller by post.

11.22. Unilateral offsetting of claims of the seller and the buyer arising from withdrawal from the purchase contract is prohibited.

11.23. Withdrawal from the purchase contract pursuant to this article is not possible, pursuant to Section 19, paragraph 1, letter d) of Act No. 108/2024 Coll. on Consumer Protection, in cases where the subject of the purchase contract is the delivery of goods that are subject to rapid deterioration or spoilage (which mainly concerns selected plant products, fertilizers, as well as other goods that are subject to rapid deterioration or spoilage).

12. Alternative Dispute Resolution

12.1. Every Buyer in the position of a consumer has, pursuant to Act No. 391/2015 Coll. on alternative dispute resolution and on amendments and supplements to certain acts, the right to contact an alternative dispute resolution entity in order to ensure the protection of their consumer rights if they believe that their consumer rights have been violated in relations arising from the purchase contract, e.g. when processing an order, claiming liability for defects in goods, etc.

12.2. During alternative dispute resolution, the procedure is carried out in accordance with the relevant regulations governing alternative dispute resolution. The buyer, as a consumer, cooperates with the alternative dispute resolution entity in the interest of a quick resolution of the dispute. In the case of a cross-border consumer dispute, the buyer, as a consumer, has the right to contact the European Consumer Centre, which will provide him with a delivery address, e-mail address or telephone contact for the alternative dispute resolution entity that is competent to resolve his dispute.

12.3. Alternative dispute resolution entities are published on the website of the Ministry of Economy of the Slovak Republic (the list is available on the website: www.mhsr.sk, specifically see point 12.5.), while the Slovak Trade Inspection is also an alternative dispute resolution body (which provides all relevant information on its website: www.soi.sk, specifically see point 12.5.), where the consumer always has the right to choose which of the listed alternative dispute resolution entities to contact.

12.4. According to Act No. 391/2015 Coll. on alternative dispute resolution and on amendments and supplements to certain acts, the consumer has the right to file a complaint also via the RSO platform (online consumer dispute resolution), which is available online on the website: http://ec.europa.eu/consumers/odr/ (where the Consumer subsequently chooses the language of electronic communication), if he believes that his consumer rights have been violated.

12.5. Exact link to the list of alternative dispute resolution entities on the website of the Ministry of Economy of the Slovak Republic:

https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1

Exact link to information from the Slovak Trade Inspection on alternative dispute resolution:

https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi

13. Final provisions

13.1. These terms and conditions are the contractual terms and conditions exclusively of those purchase contracts that were concluded at the time of the effectiveness of these terms and conditions. The provisions of the previous contractual and/or commercial terms and conditions of the seller shall apply to purchase contracts concluded earlier.

13.2. The Seller reserves the right to change and/or supplement these terms and conditions at any time. Changes or supplements to these terms and conditions shall enter into force on the date of their publication on the website. Purchase contracts concluded during the validity and effectiveness of the terms and conditions published before their change and/or supplement shall be subject to the terms and conditions published on the website in the wording at the time of conclusion of the purchase contract.

13.3. If any provision of these terms and conditions is or becomes invalid or ineffective, such invalidity and/or ineffectiveness shall not affect the remaining provisions of these terms and conditions, which shall remain valid and effective. The Seller undertakes, in the event of such invalidity and/or ineffectiveness of any provision of these terms and conditions, to replace such invalid and/or ineffective provision with a new provision that best corresponds to the intended content of the original invalid and/or ineffective provision, and in the event that such invalid and/or ineffective provision affects a purchase contract already concluded between the Buyer and the Seller, the Seller and the Buyer shall be obliged to replace such provisions by mutual agreement with a provision that best corresponds to the intended content of the replaced provision.

13.4. In the event that any provision of these terms and conditions is in conflict with a provision of a generally binding legal regulation from which the seller and the buyer may deviate by agreement or exclude its application, it is deemed that the seller and the buyer have deviated from such a provision of the legal regulation, or that, depending on the nature of the matter, they have excluded the application of such a provision.

13.5. On the effective date of the new terms and conditions, the previous contractual and/or terms and conditions of the seller relating to the sale of goods shall lose their validity and effect.

These terms and conditions come into force and effect on 20.9.2024.