Business conditions

I.  Basic provision

 

 

1. These general terms and conditions (hereinafter referred to as "terms and conditions") are in accordance with the provisions of Act no. 40/1964 Coll. The Civil Code as amended (hereinafter referred to as the "Civil Code"), Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws (hereinafter referred to as the "Consumer Protection in Distance Selling Act")

 2. These terms and conditions govern the mutual rights and obligations between the seller and the natural person who concludes the purchase contract (hereinafter referred to as the "buyer") through the web interface located on the website available at the internet address www.fyziogun.com.

3. The provisions of the terms and conditions are an integral part of the purchase contract. Different arrangements in the purchase contract take precedence over the provisions of these terms and conditions.

4. These terms and conditions and the purchase contract are concluded in the Slovak language.

 

II. Information about goods and prices

 

1. Information about the goods, including the prices of the individual goods and their main features, are listed with the individual goods in the online store catalog. The prices of the goods are listed including value added tax, all related fees and the cost of returning the goods, if the goods cannot by their nature be returned by post. The prices of the goods remain valid for the period during which they are displayed in the online store.

2. All presentations of goods placed in the online store catalog are of an informative nature and the seller is not obliged to enter into a purchase contract regarding these goods.

3. Information on costs associated with packaging and delivery of goods is published in the online store. The information on the costs associated with the packaging and delivery of the goods listed in the online store is only valid if the goods are delivered within the territory of the Slovak Republic.

4. Possible discounts from the purchase price of goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

 

III. Order and conclusion of purchase contract

 

1. Costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.

2. The buyer orders the goods in the following ways:

• through your customer account, after previous registration in the online store,
• by filling out the order form without registration.

3. When placing an order, the buyer selects the goods, the number of goods, the method of payment and delivery.

4. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking on the button .... The data given in the order are considered correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has become familiar with these terms and conditions.

5. Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when placing the order. This confirmation is automatic and does not constitute the conclusion of a contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded only after the seller accepts the order. The order acceptance notification is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when placing the order. This confirmation is considered the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded by confirmation of the order by the seller to the buyer's email address.

6. In the event that the seller cannot fulfill any of the requirements listed in the order, he will send the buyer a changed offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his e-mail address specified in these terms and conditions.

7. All orders accepted by the seller are binding. The buyer may cancel the order until the buyer receives a notice of acceptance

orders by the seller. The buyer can cancel the order by phone at the seller's phone number or email listed in these terms and conditions.

8. In the event that there was an obvious technical error on the part of the seller when specifying the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if an automatic confirmation was sent to the buyer on receipt of the order according to these terms and conditions. The seller informs the buyer about the error without undue delay and sends the buyer a changed offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in that case by confirmation of acceptance by the buyer to the seller's email address.

9. By confirming the order, the buyer undertakes to collect the order from the courier or at the delivery point. Regarding the order, where the buyer chose to pay by cash on delivery and does not take delivery, the seller can claim from the buyer the costs incurred for the unsuccessful attempt to deliver the ordered goods (ie the cost of postage and packaging). In case of non-payment of these costs, the seller (eshop) has the right to recover these costs through the competent authorities.

10. If the customer who paid for the order in advance by bank transfer or online payment and the order has already been sent to him and the customer decides to cancel the order or does not accept it for any reason, the seller can claim compensation from the buyer for the costs incurred for the unsuccessful attempt to delivery of ordered goods (ie costs for postage and packaging). 

IV. Customer account

 

1. Based on the buyer's registration in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.

2. When registering for a customer account and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data in the user account in case of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.

3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information needed to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.

4. The buyer is not entitled to allow third parties to use the customer account.

5. The seller can cancel the user account, especially if the buyer does not use his user account for a longer period of time, or if the buyer violates his obligations under the purchase contract or these terms and conditions.

6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

 

V.  Payment terms and delivery of goods

 

1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways: • by cashless transfer to the seller's bank account.

• cashless by payment card through the payment gateway 
• by cashless transfer to the seller's account 
• cash on delivery or payment card upon delivery of the goods                                         

 

 

 

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

 

4. In the case of payment through the payment gateway, the buyer follows the instructions of the relevant provider of electronic payments.

5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.

6. The seller does not require any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before sending the goods is not a deposit.

7. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure, then within 48 hours at the latest

8. The goods are delivered to the buyer:

• to the address specified by the buyer in the order
• through the dispatch office of shipments to the address of the dispatch office specified by the buyer,

9. The choice of delivery method is made during the ordering of goods.

10. The costs of delivery of the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the confirmation of the order by the seller. If the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this method of transport.

11. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.

12. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the carrier immediately. In the event of detection of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier.

13. The seller issues a tax document - invoice to the buyer. The tax document is sent to the buyer's email address. / The tax document is attached to the delivered goods.

14. The buyer acquires the ownership right to the goods by paying the entire purchase price for the goods, including delivery costs, but first by receiving the goods. Responsibility for accidental destruction, damage or loss of goods passes to

the buyer at the time of taking over the goods or at the time when the buyer had the obligation to take over the goods, but did not do so in violation of the purchase contract.

 

VI. Withdrawal from the contract

 

1. A buyer who concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.

2. If the purchase contract is concluded remotely (via the online store) or outside the seller's premises, and at the same time if the seller has provided the buyer with timely and proper information about the right to withdraw from the purchase contract, the conditions, the period and the procedure for exercising the right to withdraw from the purchase contract including the form for withdrawing from the purchase contract (in accordance with the provisions of § 3 paragraph 1 letter h) of the Act on Consumer Protection in Distance Selling) and subject to the simultaneous fulfillment of the facts required by law, the buyer has the right under the Act on Consumer Protection in Distance Selling withdraw from the purchase contract without giving a reason and without any sanction.

3. The deadline for withdrawing from the contract is 14 days

• at the moment of taking over the goods that were delivered last, if the subject of the purchase contract is the ordered goods that are delivered separately
• at the moment of taking over the last part or the last piece, if the subject of the purchase contract is several types of goods or the delivery of several parts,
• at the moment of taking over the first delivered goods, if the subject of the purchase contract is goods that are delivered during a defined period.

4. The buyer acknowledges that in accordance with the provisions of § 7 par. 6 of the Act on Consumer Protection in Distance Selling cannot, among other things, withdraw from the purchase contract:

• the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place,
• the sale of goods or the provision of a service, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the period for withdrawing from the contract,
• sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
• sale of goods that are subject to rapid deterioration or deterioration,
• sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
• sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
• sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30
• days and their price depends on the movement of prices on the market, which the seller cannot influence,
• performing urgent repairs or maintenance that the consumer has expressly requested from the seller; this does not apply to service contracts and contracts the subject of which is the sale of goods other than spare parts necessary for repair or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not order these services or goods in advance,
• sale of sound recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has unpacked this packaging,
• the sale of periodicals, with the exception of sales based on a subscription agreement and the sale of books not supplied in protective packaging,
• provision of accommodation services for a purpose other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed deadline,
• provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.

5. In order to comply with the deadline for withdrawing from the purchase contract, the buyer must send any clear statement expressing his will to withdraw from the purchase contract within the specified period according to par. 3 of Article VI of these terms and conditions. 6. To withdraw from the purchase contract, the buyer can use the sample form for withdrawal from the purchase contract provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.

7. The buyer who withdraws from the purchase contract is obliged to return the goods to the seller within 14 days of withdrawing from the purchase contract. The buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by post due to their nature.

8. If the buyer withdraws from the purchase contract, the seller shall return to him immediately, but no later than 14 days after withdrawing from the purchase contract, all funds, including delivery costs, that he received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if it does not incur additional costs.

9. If the buyer has chosen a different than the cheapest method of delivery of the goods offered by the seller, the seller will refund the cost of delivery of the goods to the buyer in the amount corresponding to the cheapest method of delivery of the goods offered.

10. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.

11. The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

12. The seller is entitled to withdraw from the purchase contract due to sold out of stocks, unavailability of goods, or when the manufacturer, importer or supplier of goods has stopped production or import of goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all funds, including delivery costs, which he received from him on the basis of the contract, in the same way, or in a way specified by the buyer.

 

VII. Rights from defective performance

 

1. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

• the goods have the properties agreed upon by the parties, and if there is no agreement, they have the properties that the seller or manufacturer described or that the buyer expected due to the nature of the goods and on the basis of the advertising carried out by them,
• the goods are suitable for the purpose stated by the seller for their use or for which goods of the same type are normally used,
• the quality or design of the goods corresponds to the agreed sample or design, if the quality or design was determined according to the agreed sample or design,
• is the goods in the corresponding quantity, measure or weight and
• the goods comply with the requirements of legal regulations.

2. The seller has obligations from faulty performance at least to the extent that the manufacturer's obligations from faulty performance last. The buyer is otherwise entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.

3. If the period during which the goods can be used is indicated on the sold goods, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. With a quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for a certain period of time. If the buyer complains to the seller that the goods are defective, the time limit for exercising rights from defective performance does not run nor the warranty period for the period during which the buyer cannot use the defective goods.

4. The provisions stated in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed upon, to wear and tear of the goods caused by their usual use, to used goods to a defect corresponding to the degree of use or

the wear and tear the goods had when the buyer took them over, or if this results from the nature of the goods. The buyer does not have the right from faulty performance if he knew before taking over the goods that the goods had a defect, or if the buyer himself caused the defect.

5. In the event of a defect, the buyer can submit a complaint to the seller and demand:

• exchange for new goods,
• repair of goods,
• a reasonable discount from the purchase price,
• withdraw from the contract.

6. The buyer has the right to withdraw from the contract,

• if the goods have a substantial defect,
• if he cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
• in the case of a greater number of product errors.

7. A breach of the contract of sale, which the breaching party already knew or had to know at the time of concluding the contract, that the other party would not have concluded the contract if it had foreseen this breach, is material.

8. In the case of a defect which means an insignificant breach of the contract (regardless of whether it is a removable or non-removable defect), the buyer is entitled to the removal of the defect or an adequate discount from the purchase price.

9. If there has been a case of a removable defect after repair repeatedly (usually the third complaint for the same defect or the fourth for different defects) or the goods have a large number of defects (usually at least three defects at the same time), the buyer has the right to request a discount from the purchase price, exchange goods or withdraw from the contract.

10. When making a complaint, the buyer is obliged to inform the seller of the right he has chosen. Changing the choice without the consent of the seller is only possible if the buyer has requested the repair of a defect that turns out to be irreparable. He will not choose if the buyer chooses his right from a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.

11. If the repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price based on withdrawal from the contract.

12. If the seller proves that the buyer knew about the defect in the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer's claim.

13. The buyer cannot claim discounted goods for the reason for which the given goods are discounted.

14. The seller is obliged to accept the complaint in any operation where receiving the complaint is possible, or even at the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer of when the buyer exercised the right, what the content of the claim is and what method of processing the claim the buyer requires, as well as a confirmation of the date and method of processing the claim, including a confirmation of the repair and its duration, or a written justification rejection of the claim.

15. The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. It does not count towards this deadline

the time appropriate for the type of product or service required for expert assessment of the defect. The complaint, including the removal of the defect, must be dealt with immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of application of the claim is considered to be the moment when the will of the buyer (exercise of the right from defective performance) is expressed to the seller.

16. The seller informs the buyer in writing about the outcome of the complaint.

17. The buyer does not have the right from defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.

18. In the case of a justified complaint, the buyer has the right to compensation for the purposefully incurred costs incurred in connection with the application of the complaint. The buyer can exercise this right with the seller within one month after the expiration of the warranty period, otherwise the court may not recognize it.

19. The buyer has the choice of the complaint method. 20. Further rights and obligations of the parties related to the seller's responsibility for defects are governed by the seller's complaint procedure.

 

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other via electronic mail.

2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.

 

IX. Personal information

 

1. More detailed information on personal data protection can be found in the personal data protection policy HERE .

 

X. Out-of-court settlement of disputes

 

1. The Slovak Trade Inspection, with registered office PO BOX 29, Bajkalská 21/A, 827 99 Bratislava, Internet address: https://www.soi.sk/sk, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

2. The European Consumer Center Slovak Republic, with registered office Mlynské nivy 44/A 827 15, Bratislava 212 Slovak Republic, internet address: http://www.evropskyspotrebitel.sk is the contact point according to Regulation of the European Parliament and Council (EU) no. 524/2013 of May 21, 2013 on the resolution of consumer disputes online and supplements Regulation (EC) no. 2006/2004 and directive 2009/22 / EC (regulation on the resolution of consumer disputes online).

3. The seller is authorized to sell goods on the basis of a trade license. Trade inspection is carried out by the relevant trade office within its scope. The Slovak Trade Inspection supervises, among other things, compliance with the Consumer Protection Act and the Distance Selling Consumer Protection Act within a defined scope.

 

XI. Final provision

 

1. All agreements between the seller and the buyer are governed by the legal order of the Slovak Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer's rights resulting from generally binding legal regulations.

2. In relation to the buyer, the seller is not bound by any codes of conduct in accordance with the provisions of § 3 par. 1 letter n) of the Act on Consumer Protection in Distance Selling.

3. All rights to the seller's website, especially copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.

4. The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store or its parts or software equipment in such a way that would be contrary to its purpose or purpose.

5. The purchase contract, including the terms and conditions, is archived by the seller in

6. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

7. A sample form for withdrawing from the contract is attached to the terms and conditions.

  

These terms and conditions take effect on March 9, 2021