These terms and conditions apply to contracts concluded at a distance in the e-shop <a href = “https://luxurydelikates.com/” between the seller and the buyer according to Act no. 102/2014 Coll. on the protection of consumers in respect of the sale of goods or the provision of services under a distance contract. The seller is: MMM holding, s.r.o., Dubová 5397/13, Bernolákovo 900 27. ID 48067105, VAT number 2120034961, ICDPH: SK2120034961. Tel. 0907 073 035, e-mail: firstname.lastname@example.org Registered in the Commercial Register of the District Court Bratislava I, Section Sro, file no. 102805 / B. The buyer is the consumer, i. a natural person who, in concluding and performing a consumer contract, does not act within the scope of his business activity of employment or occupation. The purchase made by the business entity is governed by the Commercial Code no. 513/1991 Coll. The consumer protection supervisory authority is 1) SOI Inspectorate for the Bratislava Region, Prievozská 32, P.O. Box 5,820 07 Bratislava 27, 2) Regional Veterinary and Food Administration Senec, Svätoplukova 1607/50, 903 01 Senec, 3) Regional Office of Public Health Bratislava, Ružinovská 8, 820 09 Bratislava.
Ordering and concluding a contract.
Sending a completed order to the buyer is considered a proposal to conclude a contract under the Civil Code, based on the offer of the seller in the e-shop. The contract is concluded by confirming the order by the seller.
Prices of goods.
All product prices in the e-shop are final, including all taxes. The seller is a VAT payer. The price of the product does not include delivery costs. These are listed on the website www.ahinsa.sk in the shopping cart before the completion of the order, where the buyer also sees the total price of the order, including the cost of delivery of goods.
Payment for goods.
Payment at the seller can only be made by cash on delivery. Personal collection is possible in Žilina. Shipping: € 3.90 through dpd courier. Part of the order in the e-shop is the buyer’s obligation to pay the price to the seller for the ordered goods.
Supply of goods.
If the delivery time is not specified for the product, it is valid that the seller will deliver the goods to the buyer within 30 days at the latest. The goods are considered to have been taken over by the buyer at the moment when the buyer or a third party designated by him (except the carrier) takes over all parts of the ordered goods, or if a) goods ordered by the buyer in one order are delivered separately at the moment of taking over the last delivered goods; b) delivers the goods consisting of several parts or pieces, at the moment of taking over the last part or the last piece, c) delivers the goods repeatedly during a specified period, at the moment of taking over the first delivered goods.
The seller is responsible for defects in the goods when taken over by the buyer. He is not liable for defects caused by their use or wear. In the case of items sold at a lower price, it is not liable for the defect for which the lower price was agreed. If the items are not perishable or used, the seller is responsible for defects that occur after taking over the item during the warranty period (warranty). The warranty period for new goods is 24 months, which runs from the receipt of the goods by the buyer. The warranty period for used goods is 12 months. The warranty period for services (repair or modification of the item) is 3 months. The warranty period for making the item to order is 24 months. If the period of use is marked on the item sold, its packaging or the instructions attached to it, the warranty period does not end before the expiration of this period. The buyer must file a claim for things that spoil quickly at the latest on the day following the purchase. The warranty card is issued at the request of the buyer. Proof of purchase is sufficient to file a complaint. If the goods have a defect that can be removed, the buyer has the right to have it removed, free of charge and properly. The seller is obliged to eliminate the defect without undue delay. However, the buyer should no longer use the item on which he found the defect. In the case of defects that occur after the purchase, they must be pointed out without undue delay from the discovery of the defect, at the latest until the expiration of the warranty period. After the expiration of the warranty period, the right to make a complaint expires. Wear characteristic of the material or use is not considered a defect. It is not a defect if it follows from the nature of the sold item that its service life is shorter than the warranty period and if in the normal use of such an item it wears out completely before the expiration of the warranty period. The buyer may, instead of remedying the defect, request an exchange of the item or, if the defect concerns only a part of the item, a replacement of the part if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect. Instead of eliminating the defect, the seller can always replace the defective item with a perfect one, if this does not cause serious difficulties for the buyer. If it is a defect that cannot be removed and which prevents the thing from being properly used as a thing without defects, the buyer has the right to exchange the thing or has the right to withdraw from the contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the thing due to the recurrence of the defect after repair or due to a larger number of defects. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the item. Defective situation liability rights apply to the seller, at the following address: MMM Holding s.r.o., Dubová 5397/13, 900 27 Bernolákovo.
However, if the warranty service, which is closer to the seller’s place or to the buyer’s place, is stated in the warranty card, the buyer will exercise the right to repair in the warranty service. The warranty service is obliged to carry out the repair within 30 days at the latest. If exchanged, the warranty period will begin to run again from the receipt of the new item. The same applies if the part for which the warranty has been provided is replaced. Complaint handling means the termination of the complaint procedure by handing over the repaired product, product replacement, return of the purchase price of the product, payment of a reasonable discount on the product price, written request to take over the performance or reasoned rejection. When making a complaint, the seller shall determine the method of handling the complaint immediately or in difficult cases no later than 3 working days from the date of the complaint, in justified cases, especially if a complex technical assessment of the product or service is required, no later than 30 days from the date of the complaint. After determining the method of handling the complaint, the complaint will be settled immediately; in justified cases, the complaint can be settled later; however, the settlement of the complaint may not take longer than 30 days from the date of the complaint. After the deadline for handling the complaint, the buyer has the right to withdraw from the contract or has the right to exchange the product for a new product. If the buyer has made a complaint about the product during the first 12 months from the purchase, the seller can handle the complaint by rejection only on the basis of professional judgment; regardless of the result of the professional assessment, it will not require the buyer to pay the costs of the professional assessment or other costs related to the professional assessment. The seller is obliged to provide the buyer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint. If the buyer has made a product complaint 12 months after the purchase and the seller has rejected it, the seller will state in the complaint handling document to whom the buyer can send the product for professional assessment. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related expediently incurred costs, shall be borne by the seller, regardless of the result of the expert assessment. If the buyer proves the seller’s liability for the defect by professional assessment, he can file a complaint again; the warranty period does not run during the professional assessment. The seller is obliged to reimburse the buyer within 14 days from the date of re-application of the complaint all costs incurred for professional assessment, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected. The seller is obliged to issue a confirmation to the buyer when making a complaint. If the complaint is made by e-mail, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint; The confirmation of the claim need not be delivered if the buyer has the opportunity to prove the claim in another way.
Return of goods – withdrawal from the contract without giving a reason.
The buyer is entitled to withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods. Only the consumer can exercise this right. The goods are considered to have been taken over 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 a) the goods ordered by the buyer in one order are delivered separately delivers goods consisting of several parts or pieces, at the moment of taking over the last part or the last piece, c) delivers the goods repeatedly during a defined period, at the moment of taking over the first delivered goods. The buyer may withdraw from the contract, the subject of which is the delivery of goods, even before the beginning of the period for withdrawal from the contract. The buyer cannot withdraw from the contract, the subject of which is:
the sale of goods made to the consumer’s specific requirements, custom-made goods or goods intended specifically for a single consumer,
the sale of goods which are subject to rapid deterioration or deterioration,
the sale of goods enclosed in protective packaging which cannot be returned for health or hygienic reasons and whose protective packaging has been broken after delivery (for example, foodstuffs which have been damaged or removed by the buyer),
the sale of goods which, by their nature, may be inextricably mixed with other goods after delivery.
The buyer may exercise the right to withdraw from the contract in writing or on another durable medium (eg by e-mail). The right to withdraw from the contract can be exercised by sending a notice of withdrawal from the contract on the last day of the 14-day period. Upon receipt of the notice of withdrawal, the seller shall return to the buyer, within 14 days at the latest, all payments received from him under or in connection with the contract, including transport, delivery and postage and other costs and fees. The seller will return the payment in the same way as the buyer used for his payment. The buyer can agree with the seller on another method of refund. The seller is not obliged to reimburse the buyer for 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 the difference between the delivery costs chosen by the buyer and the costs of the cheapest standard delivery method offered by the seller. Upon withdrawal from the contract, the seller is not obliged to return the payment to the buyer before the goods are delivered to him or until the buyer proves to send the goods back to the seller, unless the seller proposes to pick up the goods in person or through a person authorized by him. The buyer is obliged to return the goods or hand them over to the seller or a person authorized by the seller to take over the goods no later than 14 days from the date of withdrawal from the contract. This time limit shall be deemed to have been observed if the goods were handed over for transport not later than the last day of the time limit. Upon withdrawal from the contract, the buyer bears only the cost of returning the goods to the seller or the person authorized by the seller to take over the goods and also the cost of returning the goods, which due to their nature can not be returned by mail. The buyer is responsible for the reduction in the value of the goods, which arose as a result of such treatment of the goods, which is beyond the treatment necessary to determine the properties and functionality of the goods. After delivery of the goods, the buyer has the opportunity to test its functionality, but can not use the goods if he withdraws from the contract. In order to determine the nature, characteristics and functionality of the goods, the consumer should only handle and inspect the goods in the way that would be possible in the “stone” shop. The buyer is required to handle and inspect the goods with due care during the withdrawal period.
Alternative dispute resolution.
The buyer – the consumer – has the right to contact the seller for redress (for example by e-mail) if he is not satisfied with the way the seller has handled his complaint or if he believes that the seller has violated his consumer rights. If the seller responds to this request in a negative manner or does not respond to it within 30 days of its dispatch, the consumer has the right to file a motion to initiate alternative dispute resolution to the ADR entity (hereinafter referred to as the ADR entity) pursuant to Act 391/2015 Coll. ARS entities are bodies and authorized legal entities according to §3 of Act 391/2015 Coll. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk. The consumer may submit the proposal in the manner specified pursuant to §12 of Act 391/2015 Coll. The consumer can also lodge a complaint through the RSO alternative dispute resolution platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm. Alternative dispute resolution can only be used by the consumer – a natural person who does not act within the scope of his business, employment or profession when concluding and fulfilling the consumer contract. Alternative dispute resolution only concerns a dispute between a consumer and a seller arising out of or in connection with a consumer contract. Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating ADR up to a maximum of EUR 5 including VAT.
The purpose of processing personal data is to use them to fulfill a consumer contract, which the seller concludes with the buyer by creating an order in this online store. This consumer contract is also the legal basis for the processing of the buyer’s personal data. The provision of the buyer’s personal data is a contractual requirement that is necessary for the conclusion of the contract. Provision of personal data is a condition for purchase in the seller’s e-shop. Failure to provide all required personal information to the seller may result in the contract not being concluded. When processing personal data, the Seller proceeds in accordance with Act no. 18/2018 on the protection of personal data and processes only personal data necessary for the conclusion of a consumer contract. The seller processes the buyer’s current personal data. The buyer’s personal data is stored in the seller’s information system for a period of 10 years. The buyer has the right and opportunity to update personal data online on the website of the online store, in the customer section, after logging in, or in another form (by e-mail, in writing). Personal data may be provided to third parties – delivery companies (couriers) and the company that processes the accounting documents for the purposes of fulfilling the consumer contract. Buyer’s personal data is not disclosed. The Seller may provide the customer’s personal data (to the extent: e-mail address) to Heureka Shopping s.r.o., exclusively for the purposes of the “Customer Verified” program, in order to obtain feedback from the Buyer in connection with the purchase made in the Seller’s e-shop. The seller may process personal data for marketing purposes (for example, to send a newsletter or e-mails about news, discounts, promotions, etc.) even without the prior consent of the buyer. For this purpose, the seller processes the necessary data, which is the name, surname and e-mail address of the buyer. If the buyer does not agree with the processing of data for marketing purposes, the buyer can express his disagreement at any time, for example by sending a message to the seller’s e-mail address requesting unsubscribe from the newsletter or by clicking on the link provided in the e-mail message. Personal data used for marketing purposes will not be provided to third parties, nor will it be disclosed. The buyer has the right to obtain confirmation from the seller about what personal data of the buyer are processed in the seller’s e-shop. The buyer has the right to access such data as well as information for what purpose they are processed, what categories of data are processed, to whom personal data are provided, how long personal data are stored, whether there is automated individual decision-making, including profiling.
Form for withdrawal from the proteinmarket.sk contract