Terms and Conditions

Article I

Definitions

1. The Operator of this website (E-Shop) is Imrich Kovács MA., registered at Kozia 603/13, 81103 Bratislava, Business ID: 45335222
2. The Seller is Imrich Kovács MA., registered at Kozia 603/13, 81103 Bratislava, Business ID: 45335222 
3. The Supplier of goods and services offered at imrichkovacs.com is Imrich Kovács MA., registered at Kozia 603/13, 81103 Bratislava, Business ID: 45335222 
4. A Buyer is understood as every e-shop visitor who has entered a binding contract by placing an order in the e-shop. For purposes of law, in particular Act No. 102/2014 Coll., a Consumer is understood as a natural person who does not act within the scope of his business, employment or profession upon entering and performing a consumer contract.
5. The E-Shop is a computer system located online with public access, allowing digital orders of goods and services by means of an electronic device.
6. Goods and Services are understood as all products published on the e-shop website orderable at the time of viewing (listed at a price other than zero).
7. The Buyer fully acknowledges all electronic communication, particularly via e-shop, e-mail communication and phone communication, so long as there is no dispute that the Seller communicates with the Buyer or a person authorised on his behalf.
8. As for a relationship between the Seller and Buyer that is formed otherwise than through digital electronic devices and is not a relationship between a data service provider and a data service recipient, the present General Terms and Conditions shall apply only to the extent necessary to comply with law and the logical order of things, unless agreed otherwise.
9. A Reservation Request is a legally non-binding and time-limited reservation placed on certain available goods (i.e., goods “in stock”) from the Seller’s current offer published on the Seller’s e-shop, subject to collection and payment exclusively in person at the sales point, which does not constitute a binding order and does not oblige the Buyer to purchase or collect the reserved goods and is made by selecting “In-Store Pickup – Reserve Items” as the preferred shipping method. A reservation request can be made repeatedly. The Seller shall hold the goods so reserved for the Buyer free of charge and for a limited period at the sales point without accepting the reservation request (i.e., it does not result in negotiation or finalize the transaction), thereby giving the Buyer an opportunity to consider his purchase of the reserved goods. The Buyer may cancel his reservation request at any time. The Seller may cancel the reservation request if he is unable to secure or hold the goods reserved by the Buyer at the sales point. Cancellation of the reservation shall take place automatically upon expiry of the reservation period. The entire transaction (including the execution of a legally binding proposal for the purchase of the reserved goods by the Buyer, its acceptance by the Seller, payment for and acceptance of the reserved goods) is carried out exclusively in person at the sales point (“in-store”). The present General Terms and Conditions do not apply to transactions made on the basis of a reservation request, as these take place personally at the sales point.

Article II

Price

1. All prices listed for goods and services are final and include 10% or 20% VAT, respectively.
2. The Seller is bound by the price listed on the e-shop at the time of purchase.
3. The prices of products offered in the e-shop may differ from the prices of products offered at the Seller’s sales point.

Article III

Order

1. An order is created when the Buyer confirms the ordering process in the e-shop, by selecting certain goods or services, filling out the order form and sending it to the Seller. For correct processing of the order, the Buyer must fill in all required fields in the order form and select the shipping and payment options for the ordered goods or services.
2. By submitting an order, the Buyer agrees to the listed price of the ordered goods and services. Submitting an order makes it binding for the Buyer, i.e., it constitutes a proposal to conclude a contract of sale with the Seller.
3. After the order has been placed in the e-shop, an e-mail notification is automatically generated and sent to the Buyer informing the Seller has received the Buyer’s order for processing in the e-shop. This e-mail is not a confirmation of goods for the purposes of section 5 of this Article.
4. If the Buyer is required to pay a deposit or advance payment or chooses to pay by bank transfer, i.e., any other method of payment whereby the Buyer remits funds before delivery of goods or provision of services, he shall be obliged to make such payment within a period set by the Supplier. If the payment is not credited to the Supplier’s account within the period specified, the Seller may cancel such an order for failure of the Buyer to fulfil his obligation to pay the deposit or advance payment.
5. An order confirmation by the Seller shall constitute a contract of sale, which may be changed or supplemented only by mutual agreement between the Buyer and Seller unless law or another legal regulation stipulates otherwise. An order confirmation is a digital message from the Seller sent to the Buyer’s e-mail address or an SMS message sent to the Buyer’s phone number provided in the order, informing him of the extent to which acceptance of his order is undisputed. A digital message from the Seller to the Buyer that does not confirm, rejects or otherwise clearly does not accept the Buyer’s order is a rejection of the Buyer’s order.
6. If the Seller is unable to fulfil an order or its part within the set processing period in his best efforts for reasons such as, e.g., the goods are no longer produced, or they are not available from the Manufacturer or the Supplier’s external warehouse, or the Manufacturer has made substantial changes such that it is impossible to fulfil the order, or for reasons of force majeure, the Seller may cancel the order and inform the Buyer thereof. The Seller may also cancel the order if the Buyer has provided false or misleading information in the order that cannot be verified, such as an incorrect email address, phone number, or incorrect or non-existent address. If the Buyer has paid an advance payment and the order has been cancelled by either side, the Seller is obliged to reimburse the Buyer within 14 days of cancellation.
7. If the Buyer makes a reservation on certain goods, this does not result in a binding order or proposal to conclude a contract of sale. The Seller shall notify the Buyer of the possibility to collect the reserved goods, whereby the reservation is valid for 3 working days, starting from delivery of this notification by e-mail or SMS, and if is not collected within this period, the reservation shall expire. The Buyer may change any items in his reservation or reject them, even in part. In this case, the legal title passes to the Buyer at the moment of payment for the goods, and a contract of sale is only formed upon purchase at the Seller’s sales point.

Article IV

Payment

1. Goods and services from the e-shop can be paid by the following method:
   1. payment via CardPay payment gateway
2. A Gift Voucher is a prepaid sum of money the Buyer may use when making a purchase based on sufficient available prepaid funds. The voucher expiration date is provided on the voucher. The face value of a gift voucher can be agreed with the Seller.
3. Surcharges for each payment option are set out in Article VI of these General Terms and Conditions.
4. The Seller may offer the following discount options to the Buyer:
   1. a discount for registering in the e-shop,
   2. a repeat purchase discount,
   3. a discount based on a one-time discount coupon.
5. Discounts cannot be combined.

Article V

Delivery

1. The Seller is obliged to deliver the goods to the Buyer within 30 days from placement of the order, unless otherwise agreed, or unless a longer delivery period has been specified for the goods.
2. If the goods are in stock, they are dispatched as soon as possible within capacity.
3. If the order includes several goods and services and some are not in stock, we will notify the Buyer of this as well as partial delivery options.
4. With the goods, the Customer is sent an invoice (tax document), instructions and other documents accompanying the goods or services provided by the Manufacturer.
5. The good’s point of delivery shall be considered the contractual place of fulfilment.
6. The Seller delivers to the Buyer by: Slovenská pošta, a.s., Post Bratislava 1, Námestie SNP 490/35, 810 00 Bratislava I

Article VI

Shipping, Packaging Costs and Payment Options

1. 1. When paying in advance to a bank account on the basis of an advance invoice or through payment gateways, we charge the following fee for shipping within Slovakia:

      1. shipping by Slovak Post, delivered within 10 working days after dispatch from our warehouse – 3 €

   Packaging Costs

2. 	SK/CZ	EU	WORLD
   500 g	3,00 €	4,00 €	6,00 €
   2 000 g	9,80 €	21,00 €	26,00 €

   2. The Seller and Buyer may agree on a delivery method of goods and services other than standard (listed above), as well as other prices for these services.
   3. The Seller may send goods that are immediately available to the Buyer and deliver the rest of the order later, within his statutory period, provided the Buyer is not charged additional shipping costs save those included in the order.

Article VII

Ownership

1. 1. 1. The title passes from the Seller to the Buyer upon collection of the goods from the Seller or Carrier.

Article VIII

Cancellation of Sales Contract

1. 1. 1. The Buyer has the right to cancel the ordered goods or services within 24 hours from the beginning of the purchase contract without a cancellation fee for goods that are made to order, according to the specific requirements of the Consumer or specifically for a single Consumer.

Article IX

Customer Right of Withdrawal and Disclosure

1. 1. 1. On the basis of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Off-Site and Amendments and Additions to Certain Acts (“the Act”), the Consumer may exercise his right to withdraw from the sales contract within 14 calendar days from the goods’ date of receipt, if the Seller has fulfilled his duty to inform under this Act, while for other cases § 2 or 3 of the Act applies. If the subject matter of the sales contract is the delivery of goods, the Consumer shall also have the right to withdraw from the contract before the goods are deliverer.
      2. If the Consumer wishes to exercise this right, he is obliged to deliver a written withdrawal notice from the sales contract in person no later than on the last day of the specified period to the Seller’s contact address during his business hours or to submit a written withdrawal notice by post no later than on the last day of this period to the address indicated in the contacts section, or such a right may also be exercised by entry on another durable medium. Upon submitting a withdrawal notice, the Consumer is obliged to send or deliver in person the subject of the contract from which he withdraws together with all respective documents – e.g., the original invoice, instructions and other documents delivered with the goods, no later than 14 days from the date of withdrawal (§10 (1) of the Act). Buyers are advised to make a copy of the invoice for their own use and to send the goods by registered mail as an insured parcel. The following form may be used to withdraw from the contract: Withdrawal from Sales Contract, where you must fill in the necessary fields marked with “*” – an asterisk (http://www.nakupujbezpecne.sk/docs/form/odstupenie%20od%20zmluvy.pdf).
      3. We kindly ask you not to send goods to us with Cash on Delivery, as the parcel will not be accepted.
      4. The e-shop operator shall reimburse all payments for the goods / service including the cost of shipping, in accordance with § 9 (3) of Act No. 102/2014 Coll., as well as the costs demonstrably incurred for ordering the goods within 14 days from the date of receipt of the withdrawal notice, but is not obliged to reimburse payment before the goods are delivered or the Consumer does not provide proof the goods have been sent; this does not apply if the Seller has agreed to pick up the goods in person.
      5. The costs of return shipping shall be paid by the Consumer.
      6. The right to withdraw does not apply to goods and services as defined in §7(6)(a) – (l) of Act No. 102/2014 Coll. These include, for example, goods adapted to individual Consumer requirements, goods that cannot be returned for hygienic reasons if their original packaging has been damaged, records if their original packaging has been damaged, etc.; the currently valid wording is available in the applicable Act listed in this point.
      7. The Consumer shall bear any decrease in the value of goods caused by their use beyond what is necessary to ascertain their functionality and characteristics.

Article X

Parties’ Rights and Obligations

1. 1. 1. The Seller and Buyer are deemed Parties to this Contract.
      2. The Buyer is obliged:
         1. to accept the ordered goods, without prejudice to the right of withdrawal from this contract,
         2. to pay an agreed sum to the Seller for the goods or services,
         3. to check the integrity of the packaging or goods themselves upon acceptance.
      3. The Seller is obliged:
         1. to deliver the goods to the Customer in the required quality, quantity and at the agreed price,
         2. to ensure the goods offered comply with legal regulations in force in the Slovak Republic,
         3. to send all documents accompanying the goods, together with the goods or subsequently, to the Customer, such as an invoice, return form, or instruction manual written in a codified form of the Slovak language.

Article XI

Privacy Policy

1. 1. 1. All personal data are processed in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data, as amended.
      2. The Operator shall not pass the Buyer’s personal data to any third party, except for the selected shipping company commissioned for delivery of the goods or services, or to state authorities for inspection, or to an Agent under a mutual contract concluded according to Act No. 18/2018 Coll.
      3. The Operator is obliged to protect all personal data from disclosure to unauthorised persons by taking appropriate technical and organisational measures. Additionally, the Operator’s employees are obliged to observe confidentiality in relation to all personal data.
      4. Data subjects have their rights defined under § 19 et seq. of Act No. 18/2018 Coll. on the Protection of Personal Data, as amended, namely:
         1. the right to information, fulfilled by the present content and General Terms and Conditions,
         2. the right to request access to personal data – § 21 of the Act consists in your right to request how and for what purposes your data are processed; such requests may be addressed to the contact e-mail provided herein.
         3. the right to rectification of personal data – § 22 allows you to rectify your personal data if they are outdated,
         4. the right to erasure of personal data – § 23 can be invoked if you are not interested in the further processing of your personal data by the Operator,
         5. the right to restrict processing of personal data – § 24 can be invoked if you believe your personal data have been processed in violation of law,
         6. the right to object to processing of personal data – § 27,
         7. the right to data portability,
         8. the right to lodge a claim with a supervisory authority in relation to the personal data processed.
      5. The Operator obtains the following personal data from the Buyer: title, name, surname, address, delivery address, billing address, phone number, e-mail address, processed to correctly fulfil your order. Personal data are kept for 10 years for archiving purposes. In fulfilling an order, personal data are processed for purposes of issuing invoices, issuing warehouse (delivery) notes, shipping and accounting.
      6. The Operator has authorised the Agent – the operator of the online portal heureka.sk providing the service ‘Verified by Customers’, the company Heureka Shopping, s.r.o. registered at Karolinská 650/1, 186 00 Prague, ID No.: 02387727 / pricemania.sk providing the service ‘Rate the Store’, the company Pricemania s. r. o., registered at Karpatská 6, 811 05 Bratislava, ID No.: 43860599, to one-time processing of personal data including first name, surname, e-mail and information about goods ordered on behalf of the e-shop Operator for purposes of evaluating the purchase. For this evaluation, the Agent sends a one-time e-mail to the Buyer allowing him to evaluate.
      7. This website records your IP address, viewing time data, data about websites you arrive from, and the content you browse. Cookies are text files stored on your computer that are used to measure website traffic and customize what is displayed on site, and thanks to these files, we can offer you better content. Some cookies are third-party files, e.g., YouTube, Google, etc.
      8. This website processes so-called technical cookies, necessary for proper website functionality, preference cookies, containing information such as your language and name, as well as analytics cookies, which help us understand your behaviour on the website, but also advertising cookies, which help us keep track of your interests. You can reject the latter three types of cookies.
      9. You can delete cookies at any time or manage their storage directly in your browser settings as well as on our website.
      10. By giving consent to the processing of personal data in the e-shop for purposes of e-mail marketing, the Buyer consents to have e-mails sent to their contact email address.
      11. Personal data for e-mail marketing purposes including first and last name, e-mail address are provided for a period of five years. These personal data are not disclosed to third parties.
      12. The Buyer may withdraw his consent at any time by sending us a Withdrawal of Consent to Personal Data Processing, and these shall be deleted immediately. Withdrawing is also possible by unchecking the appropriate box in the user account (if the Buyer has requested a user account). For our part, we will no longer use personal data provided by you for e-mail marketing purposes.
      13. By giving consent to the processing of personal data in the e-shop for purposes of SMS marketing, the Buyer consents to have marketing SMS messages sent to their contact phone number.
      14. Personal data for SMS marketing purposes including name and surname, phone number are provided for a period of five years.
      15. The Buyer may withdraw his consent at any time by sending us a Withdrawal of Consent to Personal Data Processing, which shall be deleted immediately. Withdrawing is also possible by unchecking the appropriate box in the user account (if the Buyer has requested a user account). For our part, we will no longer use personal data provided by you for SMS marketing purposes.

Article XII

Seller’s Remedies for Non-Acceptance

1. 1. 1. The Seller has the right to compensation for damages (according to § 420 et seq. of the Civil Code) if the Buyer has ordered certain goods, has not cancelled his order or withdrawn from the contract of sale, and has refused to accept the goods from the Carrier, or in the case of in-store pickup and having been notified by the Seller, has not collected the goods within the specified period. By doing so, the Buyer is in breach of Article X(2)(a), which obliges him to collect the goods he has ordered.
      2. When determining the amount of compensation, the Seller shall take into account, in particular, delivery costs and related fees in case the goods were delivered, packaging costs, shipping and order administration, as well as all other costs incurred in fulfilling the order in question, and he may also charge a fee for lost profits.
      3. The Seller may choose not to exercise his right to compensation or to exercise it in part.

Article XIII

Final Provisions

1. 1. The Seller reserves the right to change the present General Terms and Conditions and the Return Policy without prior notice to the Buyer. In the event of a change to the General Terms and Conditions or Return Policy, the purchase process shall be governed by the General Terms and Conditions in force at the time the Buyer placed his order and that are accessible on the Seller’s website.
   2. The Return Policy is an integral part of these General Terms and Conditions.
   3. By submitting an order, the Buyer confirms he has read these General Terms and Conditions and Return Policy.
   4. These General Terms and Conditions were written by the e-shop certification project nakupujbezpecne.sk.
   5. These General Terms and Conditions and Return Policy are available at the company’s registered office for inspection to Buyers and published on the e-shop website.
   6. If the Consumer is not satisfied with the method in which the Seller has handled his return claim or he believes the Seller has violated his, he may request redress from the Seller. If the Seller responds negatively to his request for redress or fails to respond within 30 days from its being sent, the Consumer has the right to request redress in accordance with Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and Amendment and Supplementation of Certain Acts and start an alternative dispute resolution. The competent body for alternative dispute resolution of consumer disputes with the e-shop Operator is the Slovak Trade Inspection (soi.sk), or another authorised legal entity registered in the list of alternative dispute resolution bodies administered by the Ministry of Economy of the Slovak Republic (https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-rieseniespotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskychsporov-1), and the Consumer has the right to choose either of the above-mentioned bodies for alternative consumer dispute resolution. The Consumer may also use the online dispute resolution platform available at http://ec.europa.eu/Consumers/odr/ to submit a proposal for alternative dispute resolution. Information about fees for such proposals can be found on the website of the specific alternative dispute resolution body.
   7. Relations not otherwise covered by these General Terms and Conditions, as well as their integral parts (annexes), are governed by the relevant provisions of Act No. 40/1964 Coll., Act No. 250/2007 Coll., Act No. 102/2014 Coll., Act No. 18/2018 Coll., Act No. 22/2004 Coll., and Act No. 513/1991 Coll.
   8. If the Seller and Buyer conclude a contract with different terms than those stated herein, the terms set out in the contract shall prevail over these General Terms and Conditions.
   9. The present General Terms and Conditions, including their integral parts, come into force on 1 February 2022.