1. GENERAL PROVISIONS

The following business and complaint terms and conditions govern the rights and obligations of the contracting parties arising from the purchase agreement concluded between the seller: PLETIAREŇ s.r.o., Company ID: 53420969, 129, 913 03 Drietoma, registered in the Commercial Register of the District Court Trenčín, Section: sro, Insert No.: 40930/R (hereinafter referred to as "the seller") and the buyer.
The subject of this agreement is the purchase and sale of goods on the seller's e-commerce website.

Seller’s contact details:

PLETIAREŇ s.r.o., Company ID: 53420969, 129, 913 03 Drietoma, registered in the Commercial Register of the District Court Trenčín, Section: sro, Insert No.: 40930/R

Tax ID: 2121367237

VAT ID: SK2121367237

Business premises: Drietoma 703, 913 03 Drietoma

Phone: +421 32 649 91 13

Email: obchod@pletiaren.eu

Supervisory authority:
Slovak Trade Inspection (SOI)

SOI Inspectorate for the Trenčín Region
Hurbanova 59, 911 01 Trenčín
Department of Supervision
Phone: 032/640 01 09
Fax: 032/640 01 08

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

1.1. These business and complaint terms and conditions, in the wording valid on the day of concluding the purchase agreement, form an inseparable part of the purchase agreement. In the case of a purchase agreement concluded in written form, in which conditions are agreed that differ from these business and complaint terms and conditions, the provisions of the purchase agreement shall take precedence over these business and complaint terms and conditions. The newly agreed business conditions must not conflict with other legal regulations (e.g., shortening the return period, warranty period, etc.).

1.2. For the purposes of these business and complaint terms and conditions, a supplementary contract shall mean a contract by which the buyer acquires goods or is provided with a service related to the subject of the given purchase agreement, provided that the goods are delivered or the service is provided by the seller or a third party based on their agreement.

1.3. The displayed purchase price of the goods on any e-commerce website operated by the seller includes value-added tax (VAT) at the rate set by the applicable legal regulation of the Slovak Republic. It does not include the cost of delivery or other optional services. All promotional and other sales offers are valid until stocks are sold out, unless stated otherwise for a specific product.

1.4. The seller has the right to adjust the selling price of the goods listed on the e-commerce website or at the seller’s business premises at any time. Such a change does not apply to purchase agreements concluded before the price change, regardless of whether the goods have already been delivered or not.

2. Method of concluding a purchase agreement

2.1. The purchase agreement is concluded based on a proposal sent by the buyer to the seller in the form of a completed and submitted form via the seller’s website, by which the buyer has sent a proposal to conclude the agreement. The subject of the agreement is the paid transfer of ownership rights to the goods specified by the buyer for the purchase price and under the conditions stated in the order (hereinafter referred to as the “order”).

2.2. After submitting the order, an automatically generated message confirming receipt of the order into the seller’s electronic system will be sent to the buyer’s email address (hereinafter referred to as “order receipt confirmation”). If necessary, all additional information regarding the order may also be sent to the buyer’s email address.

2.3. The order receipt confirmation contains information that the order has been received by the seller and also serves as acceptance of the proposal to conclude the purchase agreement (hereinafter referred to as the “order acceptance”).

2.4. The content of the order acceptance includes the name and specification of the goods that are the subject of the purchase agreement, information on the price of the goods and/or other services, information on the estimated delivery period of the goods, the name and data of the place where the goods are to be delivered, and information on the conditions, method, price, and date of transportation of the goods to the agreed place of delivery for the buyer, as well as data about the seller such as company name, registered office, Company ID (IČO), and similar. The notification may also contain other necessary information.

2.5. The conclusion of the purchase agreement occurs upon the delivery of the order acceptance in electronic or written form.

2.6. The seller clearly, unambiguously, comprehensibly, and unmistakably informed the buyer, prior to sending the order, about the pre-contractual information related to complaint, payment, business, transport, and other terms and conditions in such a way that:

• about the main characteristics of the goods or the nature of the service, to an extent appropriate to the means of communication used and to the goods or service, he provided the information on the relevant catalog page of the seller’s e-commerce website,
• about the business name and registered office of the seller, he provided the information on the relevant subpage of the seller’s e-commerce website and in Article 1 of these business and complaint terms and conditions, which are located on the respective subpage of the seller’s e-commerce website,
• about the seller’s telephone number and other information important for the buyer’s contact with the seller, especially the address of his electronic mail and fax number, if available, he provided the information on the relevant subpage of the seller’s e-commerce website and in Article 1 of these business and complaint terms and conditions, which are located on the respective subpage of the seller’s e-commerce website,
• about the address of the seller at which the buyer may submit a complaint regarding the goods or services, file a grievance or other initiative, he provided the information in Article 1 
• of these business and complaint terms and conditions, which are located on the respective subpage of the seller’s e-commerce website, 
• about the total price of the goods or sevices, including the value-added tax and all other taxes, or if the nature of the goods or services des not allow the price to be reasonably determined in advance, the method by which it is calculated, as well as about the costs of transport, delivery, postage, and other expenses and charges, or, if these costs and charges cannot be determined in advance, the fact that the buyer will be obliged to pay them, he provided the information on the relevant catalog page of the seller’s e-commerce website,
• about the payment terms, delivery conditions, the period within which the seller undertakes to deliver the goods or provide the service, and about the information regarding the procedures for asserting and handling complaints, grievances, and suggestions from the buyer, he provided the information in the relevant articles of these business and complaint terms and conditions, which are located on the respective subpage of the seller’s e-commerce website;

• about the information regarding the buyer's right to withdraw from the purchase agreement, the conditions, period, and procedure for exercising the right of withdrawal, he provided the information in Article 10 of these business and complaint terms and conditions, which are located on the respective subpage of the seller’s e-commerce website,
• informed about the provision of the form for withdrawal from the purchase contract in Art. 10 and in the appendix to these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce; the seller also provided the form for withdrawal from the purchase contract itself in the appendix to these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce
• on information that if the buyer withdraws from the purchase contract, he will bear the costs associated with returning the goods to the seller pursuant to Section 10, paragraph 3 of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on amendments to certain acts (hereinafter referred to as the "Consumer Protection Act in Distance Selling"), and if he withdraws from the purchase contract, also the costs of returning the goods, which due to their nature cannot be returned by mail, as informed in Art. 10 of these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
• about the buyer's obligation to pay the seller the price for the performance actually provided pursuant to Section 10, paragraph 5 of the Act on Consumer Protection in Distance Selling, if the buyer withdraws from the service contract after having given the seller explicit consent pursuant to Section 4, paragraph 6 of the Act on Consumer Protection in Distance Selling, informed in Article 10 of these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
• the circumstances under which the buyer loses the right to withdraw from the contract are stated in Article 10 of these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce site,
• about the information on the seller's liability for defects in goods or services pursuant to the provisions of Sections 622 and 623 of the Civil Code, in Article 8 of these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
• on the existence and details of the guarantee provided by the manufacturer or seller according to stricter principles than those set out in the provisions of Section 502 of the Civil Code, if the manufacturer or seller provides it, as well as information on the existence and conditions of assistance and services provided to the buyer after the sale of goods or provision of services, if such assistance is provided, is provided on the relevant catalogue page of the seller's e-commerce and Article 9 of these business and complaint terms and conditions, which are located on the relevant sub-page of the seller's e-commerce,
• the existence of relevant codes of conduct that the seller has undertaken to comply with, and the manner in which the buyer can become familiar with them or obtain their text, is informed on the relevant catalogue page of the seller's e-commerce,
• about the duration of the contract, if it is a contract concluded for a fixed period; if it is a contract concluded for an indefinite period or if it is a contract whose validity is automatically extended, also information about the conditions for terminating the contract was provided on the relevant catalogue page of the seller's e-commerce and in these business and complaint terms and conditions, which are located on the relevant sub-page of the seller's e-commerce,
• the minimum duration of the buyer's obligations arising from the purchase contract, if the purchase contract implies such an obligation for the buyer, was informed on the relevant catalog page of the seller's e-commerce and in these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
• about the buyer's obligation to pay an advance or provide other financial security at the seller's request and about the conditions that apply to its provision, if the purchase contract implies such an obligation for the buyer, informed on the relevant catalog page of the seller's e-commerce and in these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
• about the functionality, including applicable technical protection measures to secure electronic content, if appropriate, informed on the relevant catalog page of the seller's e-commerce and in these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
• about the compatibility of electronic content with hardware and software that the seller knows or can reasonably be expected to know about, if appropriate, has informed on the relevant catalog page of the seller's e-commerce and in these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
• about the possibility and conditions of resolving the dispute out of court through an alternative dispute resolution system, if the seller has undertaken to use this system, he/she has informed on the relevant catalogue page of the seller's e-commerce and in these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
• about the necessary actions to conclude a purchase contract by describing these necessary actions in these business and complaint terms and conditions, which are placed on the relevant subpage of the seller's e-commerce,
• that the purchase contract will be stored in electronic form with the seller and is available to the buyer after the buyer requests it in writing, as informed on the relevant catalog page of the seller's e-commerce and in these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,

that the language offered for concluding the contract is Slovak is informed on the relevant catalogue page of the seller's e-commerce and in these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce.

2.7. If the seller has not fulfilled his information obligation pursuant to point 2.6. letter e) of these business and complaint terms and conditions, the buyer is not obliged to pay these additional costs or fees.

3. Rights and obligations of the seller

3.1. The seller is obliged to:

a) in the event of confirmation of the order in the form of acceptance, the seller is obliged to deliver the goods to the buyer in the agreed quantity, time period, quality and to package and transport them in a manner necessary for their preservation and protection,

b) ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic,

c) send confirmation of the conclusion of the purchase contract on a durable medium, such as via e-mail. The confirmation must be sent without delay and must contain all the information specified in 2.6. including the form for withdrawal from the purchase contract.

d) at the latest, together with the goods, hand over to the buyer in electronic or written form all necessary documents for the receipt and use of the purchased goods, as well as other documents prescribed by the applicable legal regulations of the Slovak Republic, such as instructions in the Slovak language, delivery note, warranty certificate and tax document.

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

3.3. In the event of unavailability of goods or stock shortages, the seller is unable to deliver the goods to the buyer within the period agreed in the purchase contract, determined by these business and complaint terms and conditions or for the agreed purchase price, the seller is obliged to offer the buyer a substitute performance, or the possibility of withdrawal from the purchase contract for the buyer (order cancellation). Withdrawal from the purchase contract or order cancellation is possible by sending an e-mail to the buyer. In the event of payment of the purchase price by the buyer or part thereof, the seller is obliged to return the already paid purchase price or part thereof within 14 days from the date of delivery of the e-mail on withdrawal from the purchase contract or. order cancellation to the buyer to the account specified by him, unless the contracting parties agree otherwise. If the buyer does not accept the substitute performance offered by the seller and does not withdraw from the purchase contract, the seller is entitled to withdraw from the purchase contract. In the event that the buyer has paid the purchase price or part thereof, the seller is obliged to return the already paid purchase price or part thereof within 14 days from the date of delivery of the withdrawal from the purchase contract to the buyer.

4. Buyer's rights and obligations

4.1. The seller has informed the buyer of the obligation to pay the purchase price. This obligation is part of the order..

4.2. Buyer's rights: The buyer has the right to delivery of goods in the quantity, quality, date and place agreed upon by the contracting parties.

4.3. Buyer's obligations:

a) pay the agreed purchase price to the seller within the agreed maturity period, including the costs of delivering the ordered goods,

b) take over the goods that have been ordered and delivered

c) confirm receipt of goods in the delivery note with your signature or the signature of a person authorized by you.

5. Delivery and payment terms

5.1. For each product on the e-commerce website, the usual availability of the product is indicated, along with the date of its shipment.

5.2. The seller is obliged to deliver the item to the buyer without delay, no later than 30 days from the date of conclusion of the purchase contract, unless otherwise agreed in the purchase contract. If the seller has not fulfilled this obligation, the buyer may request him to deliver the item within a reasonable additional period specified by him. If the item is not delivered within this additional reasonable period, the buyer is entitled to withdraw from the contract.

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

5.4. The display of goods on any e-commerce website operated by the Seller is not for illustrative purposes only. The dimensions, weight and other information about the goods contained in the Seller's catalogues, brochures and other documents placed on the Seller's e-commerce website are provided by the manufacturer and may differ from the actual value by +- 1% of the stated value.

5.5. The buyer is obliged to take over the goods at the agreed place, according to the purchase contract or in another way at a time before the delivery of the goods (hereinafter referred to as the "place"). The buyer is obliged to take over the goods within the time frame agreed by the seller or his representative, authorized to deliver the goods, and the buyer in the purchase contract or in another way at a time before the delivery of the goods (hereinafter referred to as the "Time Frame").

5.6. If the seller delivers the goods to the buyer at the place and within the time limit, it is the buyer's obligation to take over the goods in person or to arrange for the goods to be taken over by a person authorized by the buyer. The buyer is obliged to sign a protocol on payment of the purchase price, delivery and handover of the goods. The obligation of a third party authorized to take over the goods is to submit a copy of the order acceptance to the seller. The goods are considered delivered at the moment of delivery of the goods to the buyer. Delivery of the goods to the buyer means delivery of the goods to the Place, their acceptance by the buyer or a third party authorized by the buyer and signing of the protocol on payment of the purchase price and delivery and handover of the goods by the buyer or a third party authorized by the buyer.

5.7. If it is necessary to repeat the delivery of the goods due to the absence of the buyer at the location and within the time limit or if the buyer does not take over the goods within 7 days after the time limit has expired in vain, without prior written withdrawal from the purchase contract, the seller is entitled to claim compensation in the amount of the actual costs for the damage incurred for the attempt to unsuccessfully deliver the goods to the location.

5.8. The buyer is obliged to check the received shipment, the packaging of the goods and the goods themselves, immediately after delivery in the presence of the seller's representative, for example a courier. If a defect in the goods is detected, it is the seller's representative's obligation to enable the buyer to make a record of the nature and extent of the defect in the goods, the accuracy of which will be confirmed by the seller's representative. With the record thus made and delivered to the seller, the buyer may refuse to accept the delivered goods with a defect or confirm the delivery of the goods with a defect and subsequently, in accordance with Art. 8 of these business and complaint terms and conditions, file a complaint about the defects of the goods with the seller or a person designated by him. If the buyer refuses to accept the delivered goods with defects, all reasonably incurred costs for returning the goods to the seller shall be borne by the seller.

5.9. In the event of non-delivery of the goods by the seller, the buyer is entitled to withdraw from the purchase contract within the period specified in point 5.2. of these terms and conditions and the seller is obliged to return to the buyer the purchase price already paid or its part within 14 days from the moment of delivery of the withdrawal from the purchase contract. The funds will be transferred to a bank account specified by the buyer.

6. Purchase price

6.1. The purchase price for the goods, which was agreed in the purchase contract between the buyer and the seller, is stated in the order acceptance (hereinafter referred to as the "purchase price"). If the purchase price stated in the order delivery confirmation is higher than the price for identical goods stated in the e-commerce offer at the time the order was sent by the buyer, the seller will deliver to the buyer an electronic message with information about the offer of a new purchase price at a different amount, which is considered a proposal by the seller to conclude a new purchase contract, which the buyer must explicitly confirm by e-mail or in writing in order for the purchase contract to be validly concluded.

6.2. The buyer is obliged to pay the seller the purchase price, including the costs of delivering the goods, in cash on delivery at the place of delivery of the goods or by bank transfer to the seller's account specified in the order acceptance or on the seller's website before receiving the goods.

6.3. When paying the purchase price by bank transfer to the seller's account, the date of payment is considered to be the moment when the entire purchase price was credited to the seller's account.

6.4. The buyer's obligation is to pay the seller the purchase price for the agreed goods within the period specified in the purchase contract, but no later than upon receipt of the goods.

6.5. The Seller is entitled to refuse delivery of the goods to the Buyer if the Buyer does not pay the Seller the full purchase price by the time the goods are delivered to the Location and the contracting parties have not agreed to pay the purchase price for the goods in installments.

6.6. Assembly, removal of goods and related costs are not included in the purchase price and the seller is not obliged to provide these services to the buyer.

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

7.1. The buyer acquires ownership of the goods only upon full payment of the purchase price for the goods.

7.2. At the moment of receipt of the goods by the buyer or a third party authorized by the buyer from the seller or from his representative, authorized to deliver the goods, or if he fails to do so in a timely manner, at the time when the seller allows the buyer to handle the goods and the buyer does not take delivery of the goods, the risk of damage to the goods passes to him.

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

8.1. The buyer has the right to have the defect removed free of charge, in a timely and proper manner, insofar as the defect in the goods can be removed. The seller is obliged to remove the defect without undue delay.

8.2. Instead of removing the defect, the buyer may request the replacement of the goods, or if the defect concerns only a certain part of the goods, the replacement of this part, unless this would incur unreasonable costs for the seller considering the price of the goods or the severity of the defect.

8.3. The seller may always exchange defective goods for goods without defects, unless this causes serious difficulties for the buyer.

8.4. If the defect in the goods cannot be removed and prevents the goods from being used properly as a defect-free item, the buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The same rights belong to the buyer if the defects are removable, but the buyer cannot use the goods properly due to the recurrence of the defect after repair or due to a large number of defects.

8.5. In the case of other irremovable defects, the buyer has the right to a reasonable discount on the price of the goods.

8.6. The Seller informed the Buyer about his rights arising from the provisions of Section 622 of the Civil Code (points 8.1. to 8.3. of these Business and Complaints Terms and Conditions) and the rights arising from the provisions of Section 623 of the Civil Code (points 8.4. to 8.5. of these Business and Complaints Terms and Conditions) by placing these Business and Complaints Terms and Conditions on the relevant subpage of the Seller's e-commerce and the Buyer had the opportunity to read them before sending the order.

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

8.8. The handling of complaints is subject to the valid complaint procedure of the seller, i.e. Art. 8. of these business and complaint terms and conditions. The buyer was duly informed of the complaint procedure and informed about the conditions and method of complaint of goods, including information on where the complaint can be made, and about the performance of warranty repairs in accordance with the provisions of Section 18, paragraph 1 of Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended (hereinafter referred to as the "Act") at the time before the conclusion of the purchase contract by placing these business and complaint terms and conditions on the relevant subpage of the seller's e-commerce and the buyer had the opportunity to read them before sending the order.

8.9. The complaints procedure applies to goods purchased by the buyer from the seller in the form of e-commerce on the seller's e-commerce website.

8.10. If the goods show defects for which the manufacturer, supplier or seller is responsible, are covered by a warranty and were purchased from the seller, the buyer has the right to claim liability for defects in the goods from the seller.

8.11. If the goods show defects, the buyer has the right to file a complaint at the seller's premises in accordance with the provisions of Section 18, Paragraph 2 of the Act by delivering the goods to the seller's premises and delivering to the seller the buyer's expression of will to exercise his right under Sections 8.1. to 8.5. of these business and complaint terms and conditions (hereinafter referred to as the "Notice of Claim"), e.g. in the form of a completed claim form, which is located on the relevant subpage of the seller's e-commerce. The seller recommends insuring the goods when sending them for claim. The seller does not accept COD shipments. The buyer is obliged to truthfully state all required information in the Notice of Claim, in particular to precisely indicate the type and extent of the defect in the goods; the buyer shall also state which of his rights arising from the provisions of Sections 622 and 633 of the Civil Code he is exercising. The buyer has the right to file a complaint also with a person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as the "designated person"). The list of designated persons is included in the warranty certificate or will be sent to the buyer by the seller at his request.

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

a) delivery of notification of claim to the buyer, seller

b) delivery of the claimed goods from the buyer to the seller or a designated person

c) delivery of access codes, passwords, etc. to the claimed goods to the seller, if this data is necessary for the proper processing of the claim

8.13. If the subject of the complaint is goods that cannot objectively be delivered to the seller or that are permanently installed, the buyer is, in addition to meeting the conditions under points 8.12 letters a) and c) of these complaint and business terms and conditions, obliged to provide all necessary cooperation for the inspection of the goods complained about by the seller or a third party designated by the seller. The complaint procedure regarding goods that cannot objectively be delivered to the seller or that are permanently installed begins on the day when the inspection of the goods was carried out according to the first sentence. However, if the seller or a third party designated by him, despite the necessary cooperation provided by the buyer, does not ensure the inspection within a reasonable period, but no later than 10 days from the delivery of the Notice of Claim to the seller, the complaint procedure begins on the day of delivery of the Notice of Claim to the seller.

8.14. Predávajúci alebo určená osoba vydá kupujúcemu potvrdenie o uplatnení reklamácie tovaru vo vhodnej forme zvolenej predávajúcim, napr. vo forme mailu alebo v písomnej podobe, v ktorom je povinný presne označiť reklamované vady tovaru a ešte raz poučí spotrebiteľa o jeho právach, ktoré mu vyplývajú z bodu 8.1. až 8.3. týchto obchodných a reklamačných podmienok (ust. § 622 Občianskeho zákonníka) a právach, ktoré mu vyplývajú z bodu 8.4. až 8.5. týchto obchodných a reklamačných podmienok (ust. § 623 Občianskeho zákonníka). Ak je reklamácia uplatnená prostredníctvom prostriedkov diaľkovej komunikácie, predávajúci je povinný potvrdenie o uplatnení reklamácie doručiť kupujúcemu ihneď; ak nie je možné potvrdenie doručiť ihneď, musí sa doručiť bez zbytočného odkladu, najneskôr však spolu s dokladom o vybavení reklamácie; potvrdenie o uplatnení reklamácie sa nemusí doručovať, ak kupujúci má možnosť preukázať uplatnenie reklamácie iným spôsobom.

8.15. The buyer is entitled to decide which of his rights under the provisions of § 622 and § 623 of the Civil Code he will exercise and is obliged to immediately deliver information about his decision to the seller. Based on the buyer's decision as to which of his rights under the provisions of § 622 and § 623 of the Civil Code he will exercise, the seller or a designated person is obliged to determine the method of handling the complaint under the provisions of § 2 letter m) of the Act immediately, in more complex cases within 3 days from the start of the complaint procedure, in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of the complaint. After determining the method of handling the complaint, the seller or a designated person shall handle the complaint immediately, in justified cases the complaint may also be handled later. However, the handling of the complaint may not last longer than 30 days from the date of the complaint. After the period for handling the complaint has expired in vain, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods.

8.16. If the buyer has made a complaint about the goods within the first 12 months from the conclusion of the purchase contract, the seller may handle the complaint by rejecting it only on the basis of an expert's statement or an opinion issued by an authorized, notified or accredited person or an opinion of a designated person (hereinafter referred to as "expert assessment of the goods"). Regardless of the result of the expert assessment, the seller may not require the buyer to pay the costs of the expert assessment of the goods or other costs related to the expert assessment of the goods.

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

8.18. The buyer does not have the right to exercise liability for defects of which the seller notified him at the time of concluding the contract, or of which he should have known, taking into account the circumstances under which the purchase contract was concluded.

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

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

• if it is an obvious defect that the buyer could have discovered by checking the shipment upon delivery of the goods and which he did not notify the seller's representative in accordance with point 5.8 of these complaints and business terms and conditions,
• if the buyer has not exercised his right regarding the seller's liability for a defect in the goods by the end of the warranty period of the goods,
• if the defect in the goods is mechanical damage to the goods caused by the buyer,
• if the defect in the goods arose from the use of the goods in conditions that do not correspond to the natural environment of the goods in terms of intensity, humidity, chemical and mechanical influences,
• if the defect in the goods arose from improper handling, service, or neglect of care for the goods,
• if the defect in the goods arose due to damage to the goods due to excessive loading, or use contrary to the conditions specified in the documentation or general principles of normal use of the goods,
• if the defect in the goods arose due to damage to the goods due to unavoidable and/or unforeseeable events,
• if the defect in the goods arose from damage to the goods due to accidental destruction and accidental deterioration,
• if the defect in the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other force majeure,
• if the defect in the goods was caused by interference with the goods by an unauthorized person.

8.21. The seller's obligation is to handle the complaint and terminate the complaint procedure in one of the following ways:

a) by exchanging goods,

b) by refunding the purchase price of the goods,

c) by handing over the repaired goods,

d) by paying an appropriate discount on the price of the goods,

e) a written request for acceptance of the performance specified by the seller,

f) justified rejection of a complaint about goods.

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

8.23. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for specific cases. The shipped sports nutrition products, food in gift baskets and animal feed have a minimum shelf life of more than 2 months before the expiration date; in the case of a shorter expiration date, the seller contacts the buyer by phone or e-mail and the shipment is sent only with the buyer's consent.

8.24. In the case of warranty repair of goods, the warranty period is extended by the time during which the buyer was unable to use the goods.

8.25. In the event of exchanging goods for new ones, the warranty period will start again from the receipt of the new goods, but only for the new goods. In the event of exchanging goods for new ones, the buyer will receive a document stating information about the exchange of goods, and any further complaints are applied based on the purchase contract and this complaint document.

8.26. In the event of a removable defect, the complaint will be handled at the buyer's discretion pursuant to point 8.15 of these complaint and business terms and conditions in the following manner:

a) the seller will replace the defective goods or

b) the seller will ensure that the defect is removed

8.27. If the defect is removable and the buyer does not immediately determine, in accordance with point 8.15 of these terms and conditions of sale, how the complaint should be handled, the seller will handle the complaint by removing the defect.

8.28. If it is a defect that cannot be removed, or a single, multiple, removable defect, or a larger number of different removable defects that prevent the goods from being used properly as if they were free of defects, the seller will handle the complaint, depending on the buyer's decision, in accordance with point 8.15 of these complaint and business terms and conditions, in the following manner:

• by exchanging the goods for other functional goods of the same or better technical parameters, or
• If the seller cannot exchange the goods for another, he will handle the complaint by refunding the purchase price for the goods.

8.29. In the case of an irremovable defect or a repeatedly repeated removable defect, or in the case of a larger number of different removable defects that prevent the proper use of the goods than without defects and the buyer does not immediately determine, according to point 8.15. of these complaint and business terms and conditions, how the complaint should be handled, the seller will handle the complaint by exchanging the goods for other functional goods with the same or better technical parameters.

8.30. The handling of the complaint applies only to defects stated in the Notification of Claim and in the confirmation of claim for goods pursuant to point 8.14 of these complaint and business terms and conditions.

8.31. For the purposes of a complaint, a multiple-time remediable defect is considered to be the occurrence of one remediable defect more than twice.

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

8.33. The buyer's right to claim a defect in the goods is exhausted after he has exercised his right and requested the seller to remove the defect in the goods according to point 8.1 of these terms and conditions of complaint and business and, regardless of the outcome of the claim, he is no longer entitled to claim the same defect (not a defect of the same type) repeatedly.

8.34. The provisions of Article 8 of these complaint and business terms and conditions expressly do not apply to entities not meeting the definition of consumer set out in the provisions of Section 2, letter a) of Act 102/2014.

9.1. Personal data and its protection

• 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.
• 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.
• The buyer can check and change the personal data provided at any time, as well as cancel their registration after logging in to the e-commerce website in the section https://www.plezuro.com/sk/my-account?_fid=jyb9
• The Seller hereby informs the Buyer that, within the meaning of Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments to Certain Acts, as amended (hereinafter referred to as the "Privacy Act"), the Seller, as the controller, will process the Buyer's personal data in the process of concluding the purchase contract without their consent as the data subject, since the processing of the Buyer's personal data will be carried out by the Seller in 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.
• By checking the appropriate box before sending the order, the Buyer may express his consent pursuant to the Personal Data Protection Act for the Seller to process and store his personal data, in particular those listed above and/or which are necessary for the Seller's activities related to sending information about new products, discounts and promotions on offered goods, and to process them in all of its information systems related to sending information about new products, discounts and promotions on offered goods.
• The Seller undertakes to handle and dispose of the Buyer's personal data in accordance with the applicable legal regulations of the Slovak Republic.
• The Seller declares that, in accordance with the Personal Data Protection Act, it will collect personal data exclusively for the purpose stated in these business and complaint terms and conditions.
• The Seller declares that, in accordance with the Personal Data Protection Act, it will collect personal data for purposes other than those specifically stated in these business and complaint terms and conditions and will ensure that personal data is processed and used exclusively in a manner that corresponds to the purpose for which it was collected and that it will not be associated with personal data that was collected for other purposes.
• The buyer grants the seller consent pursuant to point 9.5. of these terms and conditions for a fixed period until the purpose of processing the buyer's personal data is fulfilled. After fulfilling the purpose of processing, the seller will immediately ensure the destruction of the buyer's personal data. The buyer may revoke the consent to the processing of personal data at any time in writing. The consent shall expire within 1 month of the delivery of the buyer's withdrawal of consent to the seller.
• 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:
• 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 Personal Data Protection Act or other generally binding legal regulations, nor will it circumvent them. The Seller declares that it will not coerce the consent of the data subject or condition it by threatening to refuse the contractual relationship, service, goods or obligation imposed on the Seller.
• The buyer has the right, upon written request, to require the seller to
• The buyer, upon a free written request, has the right to object to the seller against:
• The buyer, upon a free written request, has the right to object to the processing of personal data by the seller in cases pursuant to Section 31 of the Personal Data Protection Act by stating legitimate reasons or by submitting evidence of an unauthorized interference with his or her rights and legally protected interests, which are or may be damaged in a specific case by such processing of personal data; if this is not prevented by legal reasons and it is proven that the buyer's objection is justified, the seller is obliged to block and destroy the personal data, the processing of which the buyer has objected, without undue delay, as soon as circumstances permit.
• The Buyer, upon written request or in person, if the matter cannot be postponed, further has the right to object to the Seller at any time and not to submit to a decision of the Seller that would have legal effects or a significant impact for him, if such a decision is issued solely on the basis of automated processing of his personal data. The Buyer has the right to request the Seller to review the issued decision by a method different from the automated form of processing, while the Seller is obliged to comply with the Buyer's request, namely that an authorized person will have the decisive role in reviewing the decision; the Seller informs the Buyer about the method of review and the result of the finding within the period according to paragraph 9.18. of these Terms and Conditions. The buyer does not have this right only if it is stipulated by a special law that regulates measures to ensure the buyer's legitimate interests, or if, within the framework of pre-contractual relations or during the existence of contractual relations, the seller issued a decision by which he complied with the buyer's request, or if the seller, based on the contract, took other appropriate measures to ensure the buyer's legitimate interests.
• If the buyer exercises his right in writing and the content of his request indicates that he exercises his right, the request shall be deemed to have been submitted in accordance with this Act; the buyer shall deliver a request submitted by e-mail or fax in writing no later than three days from the date of its dispatch.
• If the buyer suspects that his personal data is being processed unlawfully, he may file a report with the Personal Data Protection Office. If the buyer does not have full legal capacity, his rights may be exercised by his legal representative.
• The seller is obliged to process the buyer's request in writing according to this article of these business and complaint terms and conditions, or to comply with the buyer's requirements according to the ZnOOÚ and inform him in writing no later than 30 days from the receipt of the request or requirement.
• The seller shall immediately notify the data subject and the Office for Personal Data Protection of the restriction of the buyer's rights under the Personal Data Protection Act in writing.
• The Seller hereby informs the Buyer that, in accordance with the Personal Data Protection Act, 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:
  
  • the value by which the value of the goods was reduced pursuant to the provisions of Section 457 of the Civil Code in the actual amount
  • costs incurred by the seller in connection with the repair of the goods and their restoration to their original condition, calculated according to the price list for post-warranty service of the goods.

• your identification data, which are listed in Article 1 of these business and complaint terms and conditions,
• identification data of the third party, which is the company that delivers the ordered goods to the buyer, so that this data is stated in the acceptance,
• the purpose of processing personal data is to conclude a purchase contract between the seller and the buyer,
• that it will process the buyer's personal data in the scope of name and surname, permanent address including postal code, telephone number and email address, if the buyer is a natural person and in the scope of business name, registered office address including postal code, company ID, telephone number and email address if the buyer is a legal entity,
• that the buyer is obliged to provide the requested personal data,

• confirmation of whether or not personal data about him/her are being processed,
• the purpose of processing personal data,
• in a generally understandable form, information about the processing of your personal data in the information system and its status to the extent of:
  
  • identification data of the seller and the seller's representative, if appointed,
  • identification data of the intermediary; this does not apply if the seller does not proceed in accordance with Section 34 of the Personal Data Protection Act when obtaining personal data,
• in a generally understandable form, precise information about the source from which he obtained his personal data for processing,
• a copy of his/her personal data that is the subject of processing in a generally understandable form,
• additional information that, taking into account all circumstances and conditions of personal data processing, is necessary for the buyer to guarantee their rights and legally protected interests, in particular
  
  • information on the voluntariness or obligation to provide the requested personal data; if the seller obtains the buyer's personal data based on the buyer's consent pursuant to the Personal Data Protection Act, he will also notify the buyer of the validity period of the consent, and if the buyer's obligation to provide personal data results from a directly enforceable legally binding act of the European Union, an international treaty by which the Slovak Republic is bound, or a law, the seller will notify the buyer of the legal basis that imposes this obligation on him and inform him of the consequences of refusing to provide personal data,
  • information about third parties, if it is expected or obvious that personal data will be provided to them,
  • the group of recipients, if it is assumed or obvious that personal data will be made available to them,
  • the form of disclosure, if personal data are to be disclosed,
  • third countries, if it is expected or obvious that personal data will be transferred to these countries,
• correction of his/her incorrect, incomplete or outdated personal data that are the subject of processing,
• the destruction of his personal data, if the purpose of their processing has been fulfilled; if the subject of processing is official documents containing personal data, he may request their return,
• destruction of his personal data, which are the subject of processing, if there has been a violation of the Personal Data Protection Act or other valid legal regulation of the Slovak Republic.

• processing of his personal data, which he assumes are or will be processed for direct marketing purposes without his consent and to request their destruction,
• the use of personal data referred to in Section 31 for the purposes of direct marketing by post, or
• provision of personal data referred to in Section 31 for direct marketing purposes.

Slovak Post, a. s., with its registered office at Partizánska Cesta 9, 975 99 Banská Bystrica 1, Company ID: 36 631 124, registered in the Commercial Register of the District Court Banská Bystrica, Section Sa, Insert No. 803/S

DHL Parcel Slovensko spol. s r. o., with its registered office at Na pántoch 18, 831 06 Bratislava-Rača, Company ID 47 927 682, registered in the Commercial Register of the District Court Bratislava 1, Section Sro, Insert No. 100759/B

9.21. The seller's e-commerce information systems are registered pursuant to Act No. 122/2013 Coll. on the Protection of Personal Data.

10. Withdrawal from the purchase contract

10.1. If the seller is unable to fulfill its obligations under the purchase contract due to stock shortages, unavailability of goods, or if the manufacturer, importer or supplier of the goods agreed in the purchase contract has suspended production or made such significant changes that it has become impossible to fulfill the seller's obligations under the purchase contract or due to force majeure, or if, despite making all reasonable efforts, it is unable to deliver the goods to the customer within the period specified in these terms and conditions or at the price stated in the order, the seller is obliged to immediately inform the buyer of this fact and is also obliged to offer the buyer a substitute performance or the option for the buyer to withdraw from the purchase contract (cancel the order). If the buyer withdraws from the purchase contract for the reasons stated in this point of these complaints and business terms and conditions, the seller is obliged to return to the buyer the already paid deposit for the goods agreed in the purchase contract within 14 days of the notification of withdrawal from the contract by transfer to the account designated by the buyer.

10.2. The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with the provisions of § 7 et seq. of Act No. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter referred to as the "Consumer Protection Act in Distance Selling") within 14 days from the receipt of the goods, or from the date of conclusion of the contract for the provision of a service or a contract for the provision of electronic content not supplied on a tangible medium, if the seller has timely and properly fulfilled the information obligations pursuant to the provisions of § 3 of the Act on Consumer Protection in Distance Selling.

10.3. The buyer has the right, within this period after receipt, to unpack and test the goods in a manner similar to that usual when purchasing in a classic "brick and mortar" store, to the extent necessary to determine the nature, properties and functionality of the goods.

10.4. The withdrawal period begins on the day on which 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) delivers goods consisting of several parts or pieces, from the date of receipt of the last part or last piece,

b) goods ordered by the buyer in one order are delivered separately, from the date of receipt of the goods that were delivered last,

c) based on the contract, the goods are delivered repeatedly during a defined period, from the date of receipt of the first delivered goods.

10.5. The buyer may withdraw from the purchase contract, the subject of which is the purchase of goods, even before the withdrawal period begins.

10.6. When withdrawing from the contract, a written form is required, in a manner that does not raise any doubts that the withdrawal from the contract occurred by mistake or in the form of a record on another durable medium, or using the form that forms Annex No. 1 to these business and complaint terms and conditions. The withdrawal period is considered to have been observed if the notice of withdrawal from the contract was sent to the seller no later than the last day of the period pursuant to the provisions of Section 7, paragraph 1 of the Act on Consumer Protection in Distance Selling.

10.7. Withdrawal from the purchase contract according to the previous point of these business and complaint terms and conditions must contain the information required in the withdrawal form from the purchase contract, which forms Annex No. 1 to these business and complaint terms and conditions, in particular the identification of the buyer, the order number and date, the exact specification of the goods, the method by which the seller is to return the already received performance, in particular the account number and/or postal address of the buyer.

10.8. In the event of withdrawal from the purchase contract by the buyer, any supplementary contract related to the purchase contract from which the buyer withdrew shall also be cancelled from the beginning. It is not possible to demand any costs or other payments from the buyer related to the cancellation of the supplementary contract, except for the reimbursement of costs and payments referred to in the provisions of Section 9, Paragraph 3, Section 10, Paragraphs 3 and 5 of the Act on Consumer Protection in Distance Selling and the price for the service, if the subject of the contract is the provision of a service and the service has been fully provided.

10.9. Within 14 days from the date of withdrawal from the purchase contract, the buyer is obliged to send the goods back to the address of the operator's registered office or hand them over to the seller or a person authorized by the seller to take over the goods without undue delay. This does not apply if the seller has proposed to collect the goods in person or through a person authorized by him. The period according to the first sentence of this point of these business and complaint terms and conditions is considered to have been observed if the goods were handed over for transport no later than the last day of the period.

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

10.11. Cash on delivery shipments will not be accepted by the seller. It is recommended to insure the goods. The seller is obliged to return to the buyer all payments received from him under or in connection with the purchase contract, including transport, delivery and postage costs and other costs and fees, without undue delay and no later than 14 days from the date of receipt of the notice of withdrawal from the contract. The seller is not obliged to return to the buyer payments under this point of these business and complaint terms and conditions 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 authorized by him.

10.12. The costs of returning the goods to the seller are borne by the buyer. The goods are returned directly to the seller or to a person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear these costs himself or if he has not fulfilled his obligation under Section 3, paragraph 1, letter i) of the Act on Consumer Protection in Distance Selling.

10.13. The buyer is only liable for any reduction in the value of the goods resulting from handling of the goods that goes beyond the handling necessary to establish the properties and functionality of the goods. The consumer is not liable for any reduction in the value of the goods if the seller has not fulfilled the information obligation on the consumer's right to withdraw from the contract pursuant to Section 3(1)(h) of the Act on Consumer Protection in Distance Selling.

10.14. The seller is obliged to refund the purchase price for the goods to the buyer in the same way that the buyer used for his payment, unless the seller agrees with the buyer on another method of refunding payments without the buyer being charged additional fees in this regard.

10.15. In the event that the buyer withdraws from the contract and delivers goods to the seller that are used, damaged or incomplete, the buyer undertakes to pay the seller:

The buyer is obliged, pursuant to this point of the complaint and business terms and conditions, to pay the seller compensation not exceeding the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.

10.16. In accordance with the provisions of Section 7, Paragraph 6 of the Act on Consumer Protection in Distance Selling, the buyer cannot withdraw from a contract whose subject matter is:

• sale of goods made according to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer,
• sale of goods enclosed in protective packaging that is not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
• sale of sound recordings, video recordings, audiovisual recordings, books or computer software sold in protective packaging, if the consumer has opened this packaging,
• provision of electronic content other than on a tangible medium, if its provision began with the consumer's express consent and the consumer declared that he was duly informed that by expressing this consent he loses the right to withdraw from the contract.
• sale of goods that, after the conclusion of the contract and the receipt of the goods from the seller to the buyer, have been assembled, folded or used in such a way that their restoration to their original condition by the seller is not possible without increased effort and increased costs, e.g. folded or assembled furniture, etc.

10.17. The provisions of Article 10 of these business and complaint terms and conditions expressly do not apply to entities that do not meet the definition of consumer specified in the provision of Section 2, letter a) of the Act.

11. Final Provisions

11.1. In the case of a purchase contract concluded in writing, any change to it must be in writing.

11.2. The parties have agreed that communication between them will be carried out in the form of e-mail messages.

11.3. The relevant provisions of the Civil Code, the Act, Act No. 22/2004 Coll. on electronic commerce and amending Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and amending certain acts as amended by Act No. 284/2002 Coll. as amended by later regulations and Act No. 102/2014 Coll. on consumer protection in distance selling apply to relationships not regulated by these business and complaint conditions.

11.4. These business and complaint terms and conditions come into effect for the buyer upon conclusion of the purchase contract.

11.5. Before submitting the order, the buyer will be asked to confirm by checking the box that he has become familiar with these business and complaint terms and conditions, has read them, understands their content and agrees with them in full.

12. Alternative dispute resolution

12.1. The buyer has the right to request redress from the seller if he feels that the seller has violated his rights or has not resolved the complaint to his satisfaction. If the seller does not respond to the request within 30 days or responds negatively to it, the consumer may submit a proposal to initiate alternative dispute resolution with an alternative dispute resolution entity (hereinafter referred to as the ADR entity) pursuant to Act 391/2015 Coll. According to Section 3 of Act 391/2015 Coll., ADR entities are authorities and authorized legal entities. The consumer may submit a proposal in the manner specified in Section 12 of Act 391/2015 Coll. The application may also be submitted online via the alternative dispute resolution platform RSO.

Alternative dispute resolution is reserved exclusively for individual consumers, not business buyers. Dispute resolution takes place between a consumer and a seller who have concluded a distance contract and whose dispute has a value higher than EUR 20. The maximum fee that ADR can request is EUR 5 from the buyer, to cover costs.