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Terms and Conditions

1. General Provisions and Definitions

1.1. These Terms and Conditions regulate the rights and obligations of the contracting parties arising out of the purchase contract entered into by and between the seller being VermiVital s. r. o., Cirovská 370, 991 06 Záhorce, Slovakia, Company ID No.: 47562463 (the “seller”) and buyer covering the purchase and sale of goods through the seller’s e-commerce site.

Seller’s contact data:

Postal address: Cirovská 370, 991 06 Záhorce, Slovakia
Account number for cashless payments: Tatrabanka, a. s., account No.: 2922908372/1100
Phone: +421 47 4893 111
E-mail: info@vermivital.sk

Surveillance authority:

Slovak Trade Inspection (SOI)
Slovak Trade Inspection Inspectorate for the Banská Bystrica Region

1.2. The parties agree that by submitting an order, the buyer accepts these Terms and Conditions and agrees that the conditions and provisions thereof shall apply to all purchase contracts entered into on any e-commerce site operated by the seller based on which the seller shall supply the goods offered on said e-commerce site (the “purchase contract”) and to all relations between the seller and the buyer arising particularly at execution of the purchase contract and complaints concerning the goods.

1.3. The Terms and Conditions form an integral part of the purchase contract. If the seller and the buyer enter into a written purchase contract containing conditions deviating from the Terms and Conditions, the provisions of the purchase contract shall prevail over the Terms and Conditions.

1.4. The range of goods in any e-shop operated by the seller constitutes the range normally supplied by the seller and the seller does not warrant immediate availability of all goods shown on the site. The availability of the goods will be confirmed at buyer’s request. Images may be informative only.

2. Method of Purchase Contract Execution

2.1. The purchase contract is deemed to have been executed upon seller’s binding acceptance of buyer’s contracting proposal made in the form of buyer’s e-mail message sent to the seller and/or in the form of a form filled in and submitted by the buyer through the seller’s web site and/or in the form of an order placed by the buyer with the seller by phone (the “order”).

2.2. Binding acceptance of buyer’s order by the seller means seller’s confirmation given by phone or e-mail to the buyer accepting the order upon prior receipt of the order by the buyer and verification of the availability and delivery date for the goods requested by the buyer designated as “Order confirmation”. Automatic notifications of order receipt in the seller’s electronic system delivered to your e-mail address immediately after you submit the order does not constitute a binding acceptance of the order. Any further information concerning your order will be sent to your e-mail address as necessary.

2.3. Binding acceptance of the order contains the name and specification of the goods under the purchase contract, the price for the goods and/or other services, delivery time for the goods, name and data of the place where the goods are to be delivered, and the price, conditions, method and date of transportation of the goods to the agreed place of delivery of the goods for the buyer, seller’s data (business name, registered office, company ID No., incorporation in the business register, etc.), or other data.

2.4. The buyer may send the seller within 24 hours of order delivery to the seller an e-mail notifying the seller of order cancellation. The buyer shall state in the notification of order cancellation the name, e-mail and description of the goods ordered. If the buyer decides to cancel the order, the seller shall not charge the buyer any fees relating to the order cancellation. The costs of returning the goods already accepted shall be borne fully by the buyer. If the purchase price, or a part thereof, has already been paid by the buyer before cancellation of the order, the seller shall refund the purchase price, or a part thereof, in 7 days of order cancellation by a transfer to the buyer’s bank account, unless the parties agree on a different method of purchase price refund.

3. Rights and Obligations of the Seller

3.1. The Seller shall:

  • based on the order accepted by the seller, deliver the goods to the buyer in the agreed quantity, quality and time, and pack or prepare it for transportation in a manner suitable for storage and protection thereof;
  • ensure that the goods comply with the Slovak legal regulations in force;
  • handover to the buyer, no later than at delivery of the goods, all documents, in paper or electronic form, necessary for takeover and use of the goods, and other documents requested under legal regulations in force (manuals in the Slovak language, warranty certificate, delivery note, tax document);
  • if the goods are not available in the requested quantity, forthwith inform the customer that the quantity of the goods ordered exceeds the quantity in stock or that the goods are out of stock, as the case may be.

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

3.3. The seller may cancel the order if the seller is unable to deliver the goods to the buyer within the time limit under these Terms and Conditions or for the price listed on the e-commerce site because the stocks were exhausted or the goods are unavailable, unless they agree on alternative solution. The customer will be informed of order cancellation by phone or e-mail and if the purchase price, or a part thereof, has been paid, the money will be refunded in 15 days to the account designated by the buyer, unless they agree otherwise.

4. Rights and Obligations of the Buyer

4.1. The buyer shall:

  • accept the goods purchased or ordered;
  • pay the seller the agreed purchase price including the cost of goods delivery by the agreed due date;
  • not damage seller’s reputation;
  • confirm takeover of the goods in the delivery note with buyer’s signature or the signature of buyer’s authorised person and a stamp, where applicable.

4.2. The buyer has the right to delivery of the goods in the quantity, quality, time and place agreed by the parties in the binding acceptance of the order.

5. Delivery and Payment Terms

5.1. The goods sold are in line with the seller’s samples, catalogues, type sheets and sample books shown in the seller’s e-commerce site.

5.2. The seller shall perform the buyer’s order and deliver the goods to the buyer in 5 business days of delivery of the goods by the supplier or producer of the goods to the seller.

5.3. The buyer shall takeover the goods in the place specified in the seller’s acceptance of the buyer’s order. If the seller defaults on delivery of the goods, the seller may unilaterally extend the delivery time, including repeatedly, and shall issue a confirmation thereof for the buyer. If the buyer fails to takeover the goods in 7 days of expiry of the time period specified in the purchase contract, binding acceptance of the order, or unilateral extension, the seller may charge the buyer the storage charge of EUR 20.00 for each day of warehousing of the goods. After 14 days of the day when the buyer was obligated to takeover the goods, the seller may withdraw from the purchase contract and sell the goods to a third person. When the agreed goods are sold to a third person, the down-payment for the agreed goods paid by the buyer shall be offset in full extent against the contractual penalty the buyer is requested to pay to the seller.

5.4. The seller may call upon the buyer to takeover the goods before expiry of the time period agreed in the purchase contract.

5.5. The weight, dimensions and other data about the goods contained in catalogues, leaflets, and other seller’s documents available on the seller’s e-commerce site are not binding data.

5.6. The place of goods delivery is the place specified in the seller’s acceptance of the order, unless the parties agree otherwise in the purchase contract.

5.7. If the seller delivers the goods to the buyer to a place specified by the buyer in the purchase contract, the buyer shall takeover the goods alone or through a person the buyer shall authorise to takeover the goods under the purchase contract in buyer’s absence and sign the goods delivery and handover report. The third person authorised to accept the goods under the purchase contract shall present the seller with the original purchase contract, or a copy thereof, a proof of payment for the goods, and a written power of attorney. If repeated delivery is necessary due to buyer’s absence from the place specified in the purchase contract, all costs incurred therefrom shall be paid by the buyer including, without limitation, repeated delivery of the goods to the place of destination under the purchase contract and the storage fee in the amount under paragraph (2) of this article. The goods shall be considered to have been delivered on the moment when the goods are delivered to the address specified in the binding acceptance of the order and taken over on the moment of physical takeover of the goods by the buyer or buyer’s authorised representative, or refusal to takeover the goods; such refusal shall be recorded by the forwarder in the goods delivery and handover report.

5.8. The buyer shall check the goods and its packaging immediately after its delivery. If the buyer finds the goods or packaging to be mechanically damaged, the buyer shall inform the forwarder thereof and check the condition of the goods together with the forwarder. If any damage to the goods is found, the buyer shall put down a record capturing the extent and nature of the damage, the accuracy of which shall be certified by the forwarder. Based on this record delivered to the seller, the seller may either remove the defect, provide a discount or, if the defects are not removable, supply new goods to the buyer.

5.9. If the seller fails to deliver the goods in the time period under paragraph 5.2 of the Terms and Conditions, the buyer may withdraw from the purchase contract and the seller shall refund the paid portion of the purchase price back to the buyer in 15 days of delivery of the notice of withdrawal from the purchase contract by a transfer to the buyer’s account specified by the buyer.

5.10. The buyer shall receive the invoice for each shipment by e-mail. Where applicable, the warranty certificate will be included in the packaging.

5.11. Payment methods: In cash on delivery, on-line by card (Cardpay), or by transfer to the account.

6. Purchase Price

6.1. The buyer shall pay the seller the purchase price for the goods agreed in the purchase contract and/or set in the seller’s price list valid at the time of execution of the purchase contract including the costs of delivery of the goods (the “purchase price”) in cash at the seller’s establishment, by way of cash on delivery in the place of delivery of the goods, by way of cash on delivery through the company providing postal services, by cashless transfer to the seller’s account specified in the binding acceptance of the order, by cashless transfer to the seller’s account by way of the TatraPay service, or on-line by card through the CardPay service.

6.2. The seller reserves the right to change the purchase price should the legal regulations, prices of producers or suppliers of the goods change.

6.3. If the buyer pays the purchase price by a cashless transfer, the day when the full amount of the purchase price is credited to the seller’s account shall be deemed to be the day of payment.

6.4. The buyer shall pay the seller the purchase price for the agreed goods in the time limit agreed in the purchase contract, but no later than at takeover of the goods.

6.5. If the buyer pays the seller the purchase price for the goods agreed in the purchase contract, the buyer may only withdraw from the purchase contract and request refund of the purchase price in accordance with the Slovak legal regulations in force.

6.6. If the buyer withdraws from the purchase contract prior to payment of the entire purchase price, the parties agree to offset the down-payment paid against the contractual penalty the buyer is obligated to pay to the seller, unless agreed otherwise in the purchase contract.

6.7. If the buyer fails to pay the seller the full amount of the purchase price at takeover of the goods, the parties agree that the seller may withdraw from the purchase contract and the down-payment paid shall be offset against the contractual penalty the buyer is obligated to pay to the seller, unless agreed otherwise in the purchase contract.

6.8. The costs associated with assembly and in-home delivery are not included in the purchase contract of the goods, and the seller has no obligation to provide these services to the buyer.

6.9. All campaigns are valid until stocks are exhausted, unless provided otherwise for a specific product.

7. Acquisition of Title and Passage of the Risk of Damage to the Goods

7.1. The buyer shall acquire title to the goods only after the purchase price has been paid in full extent.

7.2. The risk of damage to the goods shall pass to the buyer upon takeover of the goods from the seller or, if the buyer fails to do so in time, at the time when the goods are ready to be taken over by the buyer and the buyer fails to takeover the goods.

8. Complaints Procedure (Liability for Defects, Warranty, Complaints)

8.1. REPLACEMENT GUARANTEE …………..– all complaints under warranty where defects are detected in 30 days of takeover of the goods are resolved by replacement of the goods with a new piece. If the goods are out of stock at the moment, they will be ordered as soon as possible or you will be allowed to choose different goods of the same value. To accelerate the complaint resolution process consisting in replacement with a new piece in 30 days of purchase, the goods claimed and returned must be complete (this means including all accessories, manuals, etc.). The replacement guarantee does not apply to mechanic damage to the goods. VermiVital s. r. o. offers the option of returning unused goods within the statutory time limit of 7 days. However, the goods must be packed in original packaging, unused and complete. If you wish to return the used goods, we will offer you refund corresponding to the value of the used goods. Customers buying the goods within the normal course of their business and not for resale may withdraw from the contract in 7 days of takeover of the goods. The option to use the time limit for returning the goods is not available for products obtained by customers within a complaints procedure (replacement with a new piece).

8.2. The seller is held liable for defects in the goods and the buyer is obliged to forthwith lodge a complaint with the seller in accordance with the complaints procedure rules in force. Information about the servicing points for the warranty and post-warranty service is contained on the back page of the warranty certificate or, eventually, will be provided at request by phone or e-mail.

8.3. Complaints are resolved in accordance with the complaints procedure in force. By submitting the order, the buyer confirms to the seller that the buyer was duly informed of the conditions and method of lodging complaints concerning the goods including the place where to lodge complaints, and of performance of repairs under warranty in accordance with Section 18(1) of Act 250/2007 Coll. on consumer protection and on amendments to the Act of the Slovak National Council 372/1990 Coll. on misdemeanours as amended (the “Act”).

8.4. The complaints procedure applies to the goods purchased by the buyer from the seller by way of electronic commerce on the seller’s e-commerce site.

8.5. This complaints procedure applies to all business transactions, unless different warranty conditions are agreed under a contract.

8.6. The buyer may exercise warranty with the seller only for the goods having defects caused by the producer, supplier or seller, being under warranty, and purchased from the seller.

8.7. The buyer shall check the goods at takeover. If the buyer fails to do so, the buyer may claim defects found during such check only when the buyer proves that the goods had already had the defects at takeover of the goods.

8.8. During the warranty period, the customer has the right to free removal of defect after delivery of the goods and its accessories, documentation, and manual to an authorised representative of the seller along with the warranty certificate and proof of payment.

8.9. If the goods have defects, the customer may lodge a complaint through the seller’s establishment in accordance with Section 18(2) of the Act by delivering the goods to the seller’s establishment at the customer’s expense and completing complaints form and delivering the same to the seller. The form shall be as determined by the seller and the template thereof shall be posted on the seller’s web site. The buyer shall specify the exact type and scope of defects in the goods. The complaint may also be lodged with a person authorised by the goods producer to perform repairs under warranty (the “designated person”). The list of designated persons is contained in the warranty certificate or shall be sent by the seller at buyer’s request. The complaint procedure for the goods objectively deliverable to the seller shall start on the day when all of the following conditions have been met:

  • delivery of a completed complaints form by the buyer to the seller;
  • delivery of the claimed goods from the buyer to the seller;
  • delivery of access codes, passwords, etc. for the goods from the buyer to the seller.

The complaints procedure for the goods which objectively cannot be delivered to the seller and which are firmly installed shall start on the day when all of the following conditions have been met:

  • delivery of a completed complaints form by the buyer to the seller;
  • inspection of the claimed goods by a third person appointed by the seller which shall issue a written certificate of the inspection to the buyer;
  • delivery of access codes, passwords, etc. for the goods from the buyer to the seller.

The beginning of the complaints procedure also constitutes the day of lodging the complaint. The claimed goods need to be delivered to the seller’s registered office, unless the seller or the designated person determines otherwise (e.g. deliver the goods directly to the designated person).

8.10. The seller is obligated to accept the complaint at any establishment where the complaint may be accepted, i.e. at its registered office or at the premises of the designated person in accordance with Section 18(2) of the Act.

8.11. The seller shall ensure that a person authorised to address complaints in accordance with Section 18(3) of the Act be present in the place specified under 8.9 hereof to accept complaints.

8.12. The buyer shall claim defects in the goods with the seller without any undue delay, or the right to free removal of a defect enforceable from the seller shall become extinct.

8.13. The seller or the designated person shall issue a confirmation of a complaint lodged to the buyer in an appropriate form of seller’s choice, e.g. in the form of an e-mail or on paper, in which the seller shall exactly identify the defects in the goods in accordance with Section 18(5) of the Act and inform the consumer of his or her rights under the provisions of Sections 622 and 623 of the Civil Code. If the complaint is lodged using remote communication means, the seller shall forthwith deliver the acknowledgement of complaint to the buyer; if the acknowledgement cannot be delivered forthwith, it must be delivered without any undue delay, but no later than with the complaint resolution document; the acknowledgement of complaint receipt does not have to be delivered if the buyer is able to prove buyer’s lodging the complaint in a different manner.

8.14. Based on buyer’s decision on the right under Sections 622 and 623 of the Civil Code the buyer wishes to exercise, the seller or the designated person shall forthwith choose the method of complaint resolution under Section 2(m) of the Act or, in more complex cases, in 3 days of the beginning of the complaints procedure or, in justified cases and especially when complicated technical assessment of the condition of the goods is necessary, no later than in 30 days of the beginning of the complaints procedure. Once the method of complaint resolution is determined, the seller or the designated person shall forthwith resolve the complaint; in justified cases, the complaint may also be resolved later. Nevertheless, the complaint resolution process must not take more than 30 days of the day when the complaint was lodged. After expiry of the complaint resolution period, the consumer may either withdraw from the contract or shall be entitled to the replacement of the goods with new one. The seller shall inform the buyer of the closure and outcome of the complaints procedure in the form agreed by both parties.

If the buyer lodged the complaint in the first 12 months of execution of the purchase contract, the seller may only resolve the complaint by rejecting it based on an opinion of an expert, or a conclusion issued by an authorised, notified or accredited person, or a conclusion of the designated person (the “expert assessment”). Irrespective of the outcome of the expert assessment, the seller may not request the reimbursement of the costs of expert assessment or other costs relating to such expert assessment from the buyer.

If the buyer lodges the complaint after 12 months of execution of the purchase contract and the seller rejected it, the person who resolved the complaint shall state in the complaint resolution document the entity to which the buyer may send the goods for expert assessment. If the buyer sends the goods for expert assessment to the entity named in the complaint resolution document, the costs of expert assessment and all other related and reasonable costs shall be borne by the seller irrespective of the outcome of the expert assessment. If the expert assessment exercised by the buyer proves the seller to be liable for the defect in the goods claimed, the buyer may lodge the complaint again; the warranty period shall be interrupted during the expert assessment of the goods. The seller shall reimburse the buyer for all costs incurred in expert assessment of the goods as well as all related and reasonable costs in 14 days of a complaint repeatedly lodged. A complaint lodged repeatedly cannot be rejected.

8.15. The buyer may not claim defects of which the buyer was informed by the seller at the time of contract execution or of which the buyer must have been aware considering the circumstances under which the purchase contract was executed.

8.16. The seller reserves the right to replace the defective goods with different, but similar, goods of comparable technical parameters.

8.17. The buyer’s right to exercise warranty with the seller shall become null and void:

  • if the buyer fails to provide the proof of payment, delivery note or warranty certificate, accessories, or documentation pertaining to the goods;
  • if the buyer fails to report obvious defects at takeover of the goods;
  • upon expiry of the warranty period for the goods;
  • if the buyer causes mechanical damage to the goods;
  • if the conditions in which the goods are used do not correspond to a natural environment in terms of dampness, chemical and mechanical impacts;
  • if the buyer handles or operates the goods in an unprofessional manner or neglects care therefor;
  • if the goods are damaged by excessive load or use in conflict with the conditions laid down in the documentation, general rules, technical standards, or security regulations valid in the Slovak Republic;
  • if the goods are damaged in unavoidable and/or unforeseeable events;
  • if the goods are damaged by accidental decay and accidental deterioration;
  • in case of unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity, or other force majeure event;
  • in case of intervention by a person not authorised therefor.

8.18. The seller shall resolve the complaint and close the complaints procedure in one of the following ways:

  • by handover of repaired goods;
  • by replacement of the goods;
  • by refunding the purchase price for the goods;
  • by payment of a reasonable discount on the price for the goods;
  • by written invitation to takeover substitute goods of seller’s choice;
  • by justified rejection of the complaint.

8.19. The seller shall issue a written document to the buyer containing the complaints resolution determination method and the complaint resolution no later than in 30 days of the day when the complaint was lodged, through a provider of postal or courier or door-to-door service, or by e-mail.

8.20. The warranty period is 24 months of execution of the purchase contract, unless a different warranty period has been established in specific cases, and shall start on the day of takeover of the goods and confirmation of the requested documents relating to the goods by the authorised person.

8.21. The warranty period shall be extended by the time during which the buyer was unable to use the goods due to repair of the goods under warranty.

8.22. If the goods are replaced with new goods, the buyer shall receive a document stating the goods replaced and any further complaints shall be lodged based on the original delivery note and this complaints document. In the event of goods replacement with new one, the warranty period shall re-start upon takeover of the new goods and shall only apply to the new goods.

8.23. All warranty repairs lodged for cause are free of charge.

8.24. If the defect is irreparable, the complaint shall be resolved depending on the decision of the buyer under paragraph 8.13 hereof as follows:

  • the seller shall remove the defect; or
  • the seller shall replace the defective goods.

8.25. If the defect is irreparable or the defect is repairable but occurs repeatedly or there are several various repairable defects and, at the same time, the goods cannot be properly used because of such defects, the seller shall resolve the complaint taking into consideration the buyer’s decision under paragraph 8.13 hereof as follows:

  • by replacement of the goods with different and functional goods having the same or better technical parameters;
  • if the seller is unable to replace the goods, the seller shall resolve the complaint by issuing a credit note for the defective goods.

8.26. The complaint resolution only applies to the defects contained in the complaint form.

8.27. For the purposes of the complaints procedure, a repairable defect occurring repeatedly means one repairable defect which occurs more than three times.

8.28. For the purposes of the complaints procedure, several various repairable defects mean the occurrence of more than three various repairable defects at a time.

8.29. For the purposes of the complaints procedure, the time period during which the buyer is unable to properly use the goods means the time period after execution of the purchase contract during which the buyer is unable to use the goods due to defects therein together for more than 100 days.

8.30. The buyer’s right to lodge a complaint concerning a defect in the goods shall be deemed consumed after the buyer has exercised its right and requested the seller to remove the same in accordance with paragraph 8.8 hereof and, notwithstanding the complaints procedure outcome, the buyer may not lodge a claim repeatedly with regard to the same unique defect (not including a defect of the same type).

8.31. If the complaints procedure results in justified rejection, but the defect objectively exists and was not removed, the buyer may exercise the right to defect removal in a court.

9. Personal Data and Privacy

9.1. The parties agree that the buyer which is a natural person shall provide to the seller the buyer’s name and surname, permanent address including the postal code, birth certificate number, phone number and the e-mail address.

9.2. The parties agree that the buyer which is a legal person shall provide to the seller the buyer’s business name, address of the registered office including the postal code, company ID No., phone number and the e-mail address.

9.3. In accordance with Section 7(1) of Act 428/2002 Coll. on personal data protection as amended (the “Data Protection Act”), by entering into the purchase contract the buyer gives the seller the consent to the processing and retaining buyer’s personal data including, without limitation, the data mentioned above and/or the data which are necessary for the seller to conduct its business, and process the same in the seller’s information systems. At the same time, the buyer gives the seller consent to the provision of buyer’s personal data to another person. The seller undertakes to treat and handle buyer’s personal data in accordance with the Slovak legal regulations in force. The buyer grants this consent to the seller for a definite period of time until fulfilment of the purpose of buyer’s data processing. Once the purpose of the processing has been fulfilled, the seller shall forthwith destroy the buyer’s personal data. The buyer may at any time withdraw the consent to the processing of personal data in writing. The consent shall expire 1 month after delivery of buyer’s consent withdrawal to the seller.

9.4. The seller represents that in accordance with Section 6(1)(a) of the Data Protection Act the seller shall only obtain personal data for the purposes of execution of the purchase contract between the seller and the buyer.

9.5. The seller represents that in accordance with Section 6(1)(e) of the Data Protection Act the seller shall collect personal data for purposes other than the purposes under paragraph 9.4. hereof separately and shall ensure that the personal data be only processed and used in a manner corresponding to the purpose for which they were collected and separately from the personal data that were obtained for other purposes.

9.6. The seller represents that in accordance with Section 6(1)(i) of the Data Protection Act the seller shall process personal data in accordance with the principles of morality and shall not act in breach of, or try to circumvent, the Data Protection Act or other generally binding legal regulations. The seller represents that the seller shall not force the consent out of the data subject or make the contractual relationship, services, goods or obligation imposed on the seller conditional upon such consent.

9.7. The buyer may, based on a written notice, request the seller:

  • to provide, in a generally understandable form, information about the processing status of buyer’s personal data in the information system in the extent under Section 26(3) of the Data Protection Act; if a decision under point (4)(b) of the Data Protection Act is issued, the buyer is entitled to request information about the processing procedure and evaluation of operations;
  • to provide, in a generally understandable form, precise information about the source from which buyer’s personal data was obtained for processing;
  • provide, in a generally understandable form, transcript of the buyer’s personal data being processed;
  • to correct incorrect, incomplete or outdated personal data being processed;
  • to destroy buyer’s personal data if the purpose of the processing under Section 13(1) of the Data Protection Act has been fulfilled; if documents containing personal data are subject to processing, the buyer may request the seller to return such documents;
  • to destroy buyer’s personal data being processed if law was breached.

9.8. The buyer’s right may only be restricted under point (1)(d) and (e) of the Data Protection Act if such restriction results from a special regulation or the protection of the buyer or the rights and freedoms of other persons would be breached by the exercise thereof.

9.9. The buyer may object, based on a written request submitted to the seller, against

  • processing of buyer’s personal data, if the buyer believes that such data are or will be processed for the purposes of direct marketing without buyer’s consent, and the buyer may request that such data be destroyed;
  • use of personal data under Section 7(4)(d) 9.8 for the purposes of direct marketing by way of postal service; or
  • provision of personal data under Section 7(4)(d) 9.8 for the purposes of direct marketing.

9.10. The buyer may, based on a written request or in person if the matter bears no delay, object at any time

  • against processing of personal data in cases under Section 7(4)(a), (e), (f) or (g) of the Data Protection Act for good reasons or by submitting evidence proving unauthorised infringement of buyer’s rights and legitimate interests which are or may be violated by such processing in a specific case; if not precluded by statutory provisions and the buyer’s objection is proved to be reasonable, the seller shall block and destroy the personal data the processing of which was contested by the buyer without any undue delay and destroy them as soon as circumstances permit;
  • and not to submit to the decision of the seller which would have legal effects for or significant impact on the buyer, should such decision be made only based on automated processing of buyer’s personal data. The buyer may request the seller to review the decision made using a method other than the automated processing, and the seller is obligated to comply with the buyer’s request; in this case, the decisive role in the review of the decision shall be played by the authorised person; the seller shall inform the buyer of the review method and findings in the time limit under Section 21(3) of the Data Protection Act. The buyer shall not have this right only if so provided under special regulation laying down measures to secure legitimate interests of the buyer, or if the decision was made at execution or performance of the contract entered into by and between the seller and the buyer; provided, however that the buyer’s requirement contained in the contract was complied with or, based on agreement, the buyer was granted the right to pursue buyer’s opinion at any time during the term of the contract.

Should the buyer suspect unauthorised processing of buyer’s personal data, the buyer may report the suspicion to the Office for Personal Data Protection. If the buyer lacks legal capacity, buyer’s rights may be exercised by a legal guardian. If the buyer deceased, buyer’s rights under the Data Protection Act may be enforced by a relative. Buyer’s requests under Section 20(1)(a), (d) through (f) of the Data Protection Act shall be complied with by the seller free of charge. The information under Section 20(1)(b) and (c) of the Data Protection Act shall be provided by the seller to the buyer free of charge, except the fee amounting no more than the material costs associated with preparation of copies, procurement of technical carriers, and sending the information to the buyer, unless otherwise provided in a special regulation. The seller shall comply with the buyer’s requests under Section 20 of the Data Protection Act and inform the buyer in writing no later than in 30 days of the receipt thereof. Restriction of buyer’s rights under Section 20(1)(d) and (e) of the Data Protection Act shall be forthwith communicated to the data subject and the Office in writing.

10. Withdrawal from the Purchase Contract

10.1. The seller may withdraw from the purchase contract in case of exhaustion of the stocks, unavailability of the goods or if the producer, importer or supplier of the goods agreed under the purchase contract discontinued production or made so substantial changes that made the seller unable to meet the obligations arising out of the purchase contract, or due to force majeure events, or if, despite all efforts that may be fairly requested from the seller, the seller is unable to deliver the goods to the customer in the time period specified hereunder or for the price shown on the e-commerce site. The seller shall forthwith inform the buyer thereof, and refund the down-payment already paid for the goods agreed in the purchase contract in 15 days of the notice of withdrawal from the contract to the account specified by the buyer.

10.2. In accordance with Section 12(1) of Act 108/2000 Coll. on consumer protection in doorstep selling and in distance selling as amended (the “Distance Selling Protection Act”), the buyer may withdraw from the purchase contract for convenience in 7 business days of takeover of the goods as set forth in paragraph 5 hereof.

10.3. By submitting the order to the seller, the buyer acknowledges that the seller has met the information obligations under Section 10 of the Distance Selling Protection Act in a timely and proper manner.

10.4. Withdrawal from the contract must be made by the buyer in writing by completing the form the content of which shall be determined by the seller and posted on the seller’s web site.

10.5. Withdrawal from the purchase contract as set forth in the previous paragraph of these Terms and Conditions must contain the buyer’s identification data, order number and date, exact specification of the goods, method how the seller should refund the payment already received, and particularly the account number and/or postal address. At the same time, the buyer shall deliver the notice of withdrawal from the purchase contract along with the goods and the accessories including the documentation, manual, warranty certificate, proof of payment, etc. packed in the original packaging in the form of insured shipment.

10.6. If the buyer withdraws from the contract and delivers to the seller goods that have not been used, are packed in the original packaging, and are not damaged or incomplete, the seller shall refund to the buyer the purchase price already paid for the goods and specified in the binding acceptance of the order, or a part thereof, within 15 days of delivery of the notice of withdrawal from the purchase contract and the goods to the seller by a wire transfer to the buyer’s account specified by the buyer.

10.7. If the buyer withdraws from the contract and delivers goods to the seller which have been used and are damaged or incomplete, the seller shall refund to the buyer the purchase price already paid for the goods specified in the binding acceptance of the order, or a part thereof, reduced as set forth in Section 457 of the Civil Code by the value of their wear and tear amounting to 1% of the total price for the goods for each day of usage of the goods, and by the value of repair and the costs of bringing the goods to the original condition, within 15 days of delivery of the withdrawal from the purchase contract and the goods to the seller by a wire transfer to the buyer’s account specified by the buyer.

10.8. In case of valid withdrawal from the contract, the seller shall refund to the buyer the purchase price and the costs expended by the buyer in connection with placement of an order for the goods; provided, however, that along with the goods the buyer provides to the seller written documents of the costs incurred the buyer expended in connection with placement of the order for the goods. The costs of returning the goods shall not be borne by the buyer only if the goods failed to fully comply with the quality requirements and also were defective. Goods complying with quality requirements are the goods of the same or similar specifications as contained in the offer of the goods on the seller’s web site.

10.9. The costs expended by the buyer in connection with placement of the order for the goods include the costs incurred in placing the order, particularly the price for the phone call the buyer made to express the wish to execute the purchase contract or the price for connection to the seller’s web site during which the buyer completed and submitted the order form on the web site or wrote and sent the e-mail containing the order for the goods, taking 30 minutes.

10.10. If the buyer fails to meet any of the obligations under paragraphs 10.4 and 10.5 hereof, withdrawal from the purchase contract shall not be deemed to be in force and effect, and the seller shall not be obliged to refund the purchase price to the buyer and, at the same time, shall be entitled to a compensation of the costs associated with shipment of the goods back to the buyer.

11. Final Provisions

11.1. The seller reserves the right to change these Terms and Conditions. The obligation to give written notice of the changes of these Terms and Conditions shall be deemed to have been met when posted on the seller’s e-commerce site.

11.2. If the purchase contract is executed on paper, any amendment thereof must be made in writing.

11.3. To avoid doubt, the parties agree that the time of use means the time from delivery of the goods to the buyer under paragraph 5.7 hereof to the day of delivery of the goods to the seller under 11.4 hereof.

11.4. The parties agree on communication in the form of e-mail messages.

11.5. The relations not treated hereunder shall be governed by the applicable provisions of the Civil Code, the Act, the Act 22/2004 Coll. on electronic commerce and on amendments and supplements to the Act 128/2002 Coll. on the state control of the internal market in the consumer protection issues and on amendments and supplements of certain acts as amended by Act 284/2002 Coll., as amended, and the Distance Selling Protection Act.

11.6. These Terms and Conditions take effect towards the buyer upon execution of the purchase contract.

11.7. By submitting the order, the buyer acknowledges that the buyer has read and agrees to the fullest extent with these Terms and Conditions.

These Terms and Conditions are valid from 1 May 2018. The controller reserves the right to change the Terms and Conditions without prior notice.