General terms and conditions

 

1. Introductory provisions

 

1. 1. These general terms and conditions (hereinafter referred to as "GTC") govern the rights and obligations between the seller and the buyer in the sale of goods through the online store www.vcelobal.sk (hereinafter referred to as "e-shop").

   2. The seller is Mária Gáborová, ID number 52503631, with its registered office at Na barine 2978/15, 84103 Bratislava-Lamač, Slovak Republic, entered in the trade register kept by the Bratislava District Office, under no. 110-264830 (hereinafter referred to as the "seller").

   3. The buyer is any natural or legal person who, by his order under Art. II of these GTC entered into a contractual relationship with the seller (hereinafter referred to as the "buyer").

   4. If the buyer is a natural person who does not act within the scope of his business or other entrepreneurial activity when concluding and fulfilling the contract with the seller, he is also a consumer (hereinafter referred to as "consumer").

   5. By sending an order for goods in accordance with Art. II of these GTC, the buyer confirms that he has read these GTC and agrees with their content.

 

2. Ordering goods and concluding a purchase contract

 

1. 1. The order is created by selecting the goods by the buyer in the e-shop and by filling out and sending the order form. To create an order correctly, it is necessary to fill in the required data in the order form and choose the option of payment for the ordered goods.

   2. By sending the order, the buyer confirms the truthfulness and accuracy of his data. Sending the order is considered a binding proposal to conclude a purchase contract with the seller.

   3. By confirming the order by the seller, the purchase contract is concluded and a contractual relationship is established between the buyer and the seller. The seller hereby undertakes to deliver the ordered goods to the buyer in the agreed quantity and quality, within the agreed delivery time and to the agreed place of delivery. The buyer hereby undertakes to take over the ordered goods and to pay the full purchase price for the ordered and delivered goods, including delivery costs.

   4. The contract can also be concluded by sending the order via email or telephone and its subsequent confirmation by the seller or. acceptance of the price offer by the buyer.

   5. The e-mail address of the buyer specified in the order will be used to deliver information to the buyer and is considered a durable medium in accordance with §2 para. 7 of Act no. 102/2014 Coll. On consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller, as amended.

 

3. Prices and payment terms

 

1. 1. The buyer undertakes to pay the purchase price and delivery costs properly and on time for the ordered goods.

   2. The buyer can make a payment in one of the following ways:

1. payment via PayPal and a payment card (before taking over the goods, after creating the order; the buyer does not have to have a PayPal account to use this method of payment);

2. payment by credit card (before taking over the goods, after creating the order);

3. payment by transfer to the bank account of the seller (before taking over the goods, after creating the order); or

4. cash on delivery (upon receipt of goods).

1. 1. If the buyer, when paying by bank transfer in accordance with Art. 3.1.2.2 of these GTC do not pay for the ordered goods, including costs for its delivery within 3 days of order confirmation, the seller has the right to withdraw from the concluded purchase contract, which will terminate the contractual relationship between the seller and the buyer.

   2. In the case of cash on delivery within the meaning of Art. 3.1.2.3 of these GTC, the goods will be handed over to the buyer only after full payment of the purchase price, including the cost of its delivery. In the event that the buyer does not pay in accordance with the previous sentence within the specified purchase period, the seller has the right to withdraw from the purchase contract. The buyer is liable to the seller for damage caused by a breach of his obligation to pay and take over the ordered goods (consisting mainly, but not exclusively, of transport costs, lost profits).

   3. Valid prices of goods are listed in the e-shop for individual items and apply exclusively to purchases in the e-shop. All listed prices are final (the seller is not a VAT payer). Prices do not include the cost of delivery of goods.

   4. The seller is bound by the price of the goods listed on the e-shop website at the time of the purchase by the buyer, ie the creation of a valid order in accordance with Art. II of these GTC, for the given order.

   5. If you are interested in purchasing goods wholesale, it is possible to prepare an individual price offer on request.

 

4. Transport and delivery conditions

 

1. 1. All orders are sent via Slovak Post.

   2. To the purchase price of the goods will be added the costs of its delivery, the amount of which will be stated when placing the order (or in the individual price offer). The buyer undertakes to pay the cost of delivery of the goods together with the purchase price.

   3. Orders are processed by the seller on an ongoing basis, while the maximum delivery time is 7 working days from the date of crediting the purchase price for the ordered goods and delivery costs to the bank account of the seller. The delivery period is deemed to have been observed if the goods are stored within the specified period at the relevant post office.

   4. If necessary, the ordered goods can be delivered on the basis of a prior agreement with the seller earlier than specified in Art. 4.1.3 of these GTC. If you are interested in earlier delivery, the buyer has the opportunity to contact the seller by phone or e-mail.

   5. If the buyer does not receive the goods from the carrier within the specified collection period, the seller is entitled to charge a fee for storage of the goods. The seller also has the right to withdraw from the purchase agreement. The buyer is liable to the seller for damage caused by a breach of his obligation to take over the ordered goods (consisting mainly, but not exclusively, of transport costs, lost profits). If the buyer has already paid the purchase price before delivery of the goods, the seller is entitled to set off his claim for damages against the price paid for the goods.

 

5. Withdrawal from the contract and return of the goods to the consumer without giving a reason

 

1. 1. The buyer, who is a consumer, has the right to withdraw from the purchase contract without giving a reason within 14 calendar days of receipt of the goods, under the conditions set out below in this article of the GTC and §7 et seq. Act no. 102/2014 Coll. On consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller, as amended. The consumer can use the right to withdraw from the purchase contract in writing at the seller's postal address or via e-mail (contact details of the seller are given in Article 10 of these GTC). The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the seller no later than the last day of the period.

   2. The consumer is obliged to send the goods back at his own risk to the address of the seller, which is listed in Art. No later than 14 days from the day of withdrawal from the contract. 10 of these GTC, or hand it over to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller proposes to pick up the goods in person or through a person authorized by him. The time limit referred to in the first sentence shall be deemed to have been observed if the goods were handed over for transport not later than the last day of the time limit.

   3. Upon withdrawal from the contract, the consumer bears all costs of returning the goods to the seller.

   4. The consumer is obliged to send the goods in their original condition, unused, undamaged and complete.

   5. Withdrawal of the consumer from the purchase contract, the contract is canceled from the beginning, while the seller is obliged to take back the goods and return to the consumer the price paid for the goods or the advance paid by the consumer for the goods, including paid costs for delivery. other payments received from the consumer in connection with the purchase contract in question, within 14 days from the delivery of the withdrawal from the purchase contract to the seller. The seller shall not be obliged to reimburse the consumer under this paragraph before the goods have been delivered to him or until the consumer proves that the goods have been returned to the seller, unless the seller proposes to pick up the goods in person or through a person authorized by him. The seller is not obliged to reimburse the consumer for additional delivery costs if the consumer has explicitly chosen a delivery method other than the cheapest standard delivery method offered by the seller. Additional delivery costs are the difference between the delivery costs chosen by the consumer and the cost of the cheapest standard delivery method offered by the seller. The seller is obliged to return the payments to the consumer under this paragraph in the same way as the consumer used in his payment. This is without prejudice to the consumer's right to agree with the seller on another method of payment if no additional fees are charged to the consumer. In the case of returning the payment by non-cash transfer to the account, the payment will be returned to the bank account, the number of which will be provided by the consumer in withdrawing from the purchase contract.

   6. The consumer is responsible for the reduction in the value of the goods which has arisen as a result of such treatment of the goods as is beyond the scope of the treatment necessary to ascertain the characteristics and functionality of the goods. The consumer is mainly responsible for damage to the goods, wear and tear of the goods and handling of the goods beyond what is necessary to determine the properties of the goods. In the event that the consumer withdraws from the contract and delivers to the seller goods that are used, damaged or incomplete, the seller will return to the consumer the purchase price already paid for the goods reduced by the value of repair and restoration of the goods.

   7. Pursuant to this article of the GTC, the consumer may not withdraw from the purchase contract, the subject of which is the sale of (i) goods made according to the consumer's special requirements, (ii) custom-made goods, (iii) goods intended specifically for one consumer, (iv) goods concluded in protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery, (v) goods which are subject to rapid deterioration or deterioration, or (vi) goods which, owing to their nature after delivery inextricably mixed with other goods.

   8. The consumer does not have the right to withdraw from the contract in accordance with this article of the GTC also if the goods were purchased and taken over in person from the seller.

   9. A sample form for withdrawal from the contract forms Annex no. 1 of these GTC.

 

6. Properties of goods and its use

 

1. 1. Wax wipes sold by the seller under the name Včelobal are handmade in Slovakia, from wax from local beekeepers, jojoba and coconut oil, resin and 100% cotton (hereinafter referred to as "Včelobal").

   2. Since the Beeball is made by hand, the dimensions of the Beeball can differ by 15 mm from the dimensions stated in the e-shop. There may be small areas of Beeswax that are not covered with wax. If the area not covered with wax is not larger than 2 cm x 2 cm, there will be no defect in the goods. Dark traces of resin may appear on the bees, which is also not a defect of the goods.

   3. When using Včelobal, it is necessary to observe the conditions stated in the e-shop in the Q&A section, in particular not to expose Včelobal to heat sources such as microwave ovens, ovens or dishwashers.

   4. As beeswax is flammable, beeswax should be kept away from fire.

   5. Bee is not suitable for raw meat, hot foods or liquids.

   6. Bee can be colored on some foods, such as beetroot or blueberries.

   7. After use, simply wipe or rinse the Beehive in cold or lukewarm water. After washing, it is necessary to let the bee free to dry.

   8. The lifespan of Beehive depends on the intensity of use and care. The bee will last for at least one year if it is used in accordance with these GTC and the conditions specified in the e-shop in the Q&A section. With daily use, the lifespan of Beelobal is shorter, up to a maximum of six months.

   9. If the buyer is interested in Včelobal, which is currently unavailable, or in dimensions that are not listed in the e-shop, he can contact the seller via e-mail (contact details are given in Article 10 of these GTC).

 

7. Liability for errors, warranty and complaints (complaint procedure)

 

1. 1. The seller is responsible for defects in the goods, which the goods have when taken over by the buyer or which occur after taking over the goods during the warranty period. The buyer is obliged to make a complaint or claims for liability for errors (hereinafter collectively referred to as "complaints") to immediately apply to the seller in accordance with the applicable complaint procedure specified in this article of the GTC.

   2. The warranty period is 24 months and starts from the receipt of the item by the buyer. The rights from the liability for defects of the item, for which the warranty period applies, expire if they have not been exercised within the warranty period.

   3. Complaints must be made by the buyer to the seller, via e-mail or mail with a description of the error and proof of purchase. Proper filing of a complaint requires the buyer to send photo documentation of the claimed error or directly claimed goods, if the complaint is submitted by post. The buyer can file a complaint with the seller through the contact details listed in Art. 10 of these GTC.

   4. In the case of a buyer who is a consumer, the seller will send a written confirmation to the consumer by post or e-mail immediately after the complaint has been lodged. In the case of an error that can be rectified, the consumer has the right to have it rectified free of charge, in good time and in good time, and the seller is obliged to rectify the error without undue delay. The consumer may, instead of remedying the error, request an exchange of the item or, if the error relates only to a part of the item, a replacement of the part, provided that the seller does not incur disproportionate costs due to the price of the goods or the seriousness of the error. Instead of eliminating the error, the seller can always replace the faulty item with a faultless one, provided that this does not cause the consumer any serious inconvenience. In the case of an error which cannot be remedied and which prevents the thing from being properly used as a thing without error, the consumer has the right to exchange the thing or has the right to withdraw from the contract. The same rights belong to the consumer in the case of remediable errors, but if the consumer is unable to use the thing properly due to the recurrence of the error after repair or for a larger number of errors. In the case of other irreparable errors, the consumer is entitled to a reasonable discount on the price of the item.

   5. If the consumer files a complaint, the seller is obliged to inform the consumer of his rights under the previous paragraph; based on the consumer's decision, which of these rights the consumer is obliged to determine the method of handling the complaint immediately, in difficult cases no later than 3 working days from the date of the complaint, in justified cases, especially if a complex technical assessment of the product is required, no later than 30 days from the date of the complaint. After determining the method of handling the complaint, the complaint will be settled immediately, in justified cases, the complaint can be settled later; however, the settlement of the complaint may not take longer than 30 days from the date of the complaint. After the expiration of the period for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product. The seller is obliged to issue a written document on the handling of the complaint no later than 30 days from the date of the complaint. Complaint handling means the termination of the complaint procedure by handing over the repaired product, product replacement, return of the purchase price of the product, payment of a reasonable discount on the product price, written request to take over the performance or reasoned rejection.

   6. If the consumer has lodged a product complaint within the first 12 months of purchase, the seller may handle the complaint by rejection only on the basis of professional judgment; Irrespective of the outcome of the peer review, the consumer may not be required to reimburse the cost of the peer review or other costs related to the peer review. The seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint.

   7. If the consumer has filed a complaint about the product 12 months after the purchase and the seller has rejected it, the person who handled the complaint is obliged to state in the document on the handling of the complaint to whom the consumer can send the product for professional assessment. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related expediently incurred costs, shall be borne by the seller, regardless of the result of the expert assessment. If the consumer proves by professional assessment the responsibility of the seller for the error, he can file a complaint again; the warranty period does not expire during the professional assessment. The seller is obliged to reimburse the consumer within 14 days from the date of re-application of the complaint all costs incurred for professional assessment, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.

   8. In the case of a buyer who is not a consumer, claims for defects in goods are governed by Act no. 513/1991 Coll., Commercial Code as amended.

   9. Complaints are handled in accordance with the following legal regulations:

1. when selling goods to a buyer who is a consumer: Act no. 40/1964 Coll. Civil Code as amended and Act no. 250/2007 Coll. On consumer protection as amended;

2. when selling goods to a buyer who is not a consumer: Act no. 513/1991 Coll. Commercial Code as amended.

1. 1. By sending the order, the buyer confirms that he has been acquainted with the wording of these complaint rules and with the procedure for making a complaint.

   2. The seller is not responsible for errors caused by the use of products in violation of these GTC and the conditions specified in the e-shop in the Q&A section. The seller is also not liable for wear and tear of the goods caused by their normal use after the end of the life of the goods within the meaning of Art. 6.8 of these GTC. The facts referred to in Art. 6.2 of these GTC.

 

8. An alternative way of resolving consumer disputes

 

1. 1. The seller and the buyer will try to resolve any disputes amicably.

   2. If the disputes are not resolved amicably, the consumer is entitled to resolve the dispute in an alternative way in accordance with Act no. 391/2015 Coll. On alternative resolution of consumer disputes, as amended.

   3. The consumer has the right to seek redress from the seller if he is not satisfied with the way in which the seller has handled his complaint or if he considers that the seller has infringed his rights. The consumer has the right to apply for the initiation of ADR of the ADR entity if the seller has responded to the request under the previous sentence in the negative or has not responded within 30 days from the date of dispatch. This does not affect the possibility to go to court.

   4. List of ADR entities:

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

1. 1. The proposal may be submitted in paper form, in electronic form or orally in the minutes. To submit the proposal, the consumer can use the form, a model of which is given in Annex no. 1 of Act no. 391/2015 Coll. On alternative dispute resolution for consumer disputes, as amended, and which is also available on the website of each ADR entity (links can be found in the line provided in the previous paragraph). The proposal can also be submitted through the following online platform:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

 

9. Protection of personal data

 

1. 1. The buyer's personal data will be processed in accordance with the seller's personal data processing principles, which are available in the e-shop in the personal data protection section.

 

1. Contact

 

1. 1. The buyer can contact the seller through the following contact details:

 

Mária Gáborová, ID 52503631

Na barine 2978/15, 84103 Bratislava-Lamač, Slovak republic,

e-mail: info @vcelobal. sk

Tel .: 0908666412

 

1. Supervisory authority

 

1. 1. The supervisory authority is:

Slovak Trade Inspection (SOI)

SOI Inspectorate for the Bratislava Region

Prievozská 32, PO BOX no. 5, 820 07 Bratislava 27

Tel. No .: 02/58 27 21 72, 02/58 27 21 04

Fax No: 02/58 27 21 70

Email: ba@soi.sk

 

10. Final provisions

 

1. 1. These GTC are an integral part of the purchase contract concluded between the seller and the buyer in accordance with Art. II of these GTC. If any of the provisions of the purchase contract is in conflict with these GTC, the provision of the purchase contract shall prevail.

   2. The Seller reserves the right to unilaterally change and supplement these GTC. In the event of a change in the GTC, the contractual relationship between the seller and the buyer is governed by those business conditions that were valid at the time of sending the order to the buyer and these are available on the seller's website.

   3. The provisions of these GTC relating to consumers do not apply to the sale of goods to a buyer who is not a consumer.

   4. These GTC and the relations arising from them are governed by the law of the Slovak Republic, in particular:

1. when selling goods to a buyer who is a consumer: Act no. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 Coll. On consumer protection as amended and Act no. 102/2014 Coll. On consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller, as amended;

2. when selling goods to a buyer who is not a consumer: Act no. 513/1991 Coll. Commercial Code as amended.

References in these GTC to legal regulations are also considered to be references to legal regulations which partially or completely change them or replace them.

1. 1. If any of the provisions of these GTC is or becomes invalid or ineffective, it will not affect the validity or effectiveness of the purchase contract and other provisions of the GTC. In such a case, the invalid or ineffective provision will be replaced by a valid and effective provision, the economic effect of which will be as close as possible to the original spirit of the invalid or ineffective provision, or which will serve the purpose of these GTC and the purchase contract as much as possible.

   2. By sending the order, the buyer confirms that he has read these GTC and agrees with their wording.

   3. These GTC are valid from 15.3.2020.