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Terms and Conditions

 

I. Basic provisions

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. Civil Code, as amended (hereinafter referred to as "Civil Code"), Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act No. 372/1990 Coll. of the Slovak National Council on Offenses, as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller's premises and on amendments to certain laws (hereinafter referred to as the "Consumer Protection Act in Distance Selling")

Katie s.r.o.

Karpatské námestie 10A
831 06 Bratislava - Rača district

ID: 50206729
VAT: 2120250550

email: giogio@gio-gio.eu
phone: 00421 917 114 243
www.gio-gio.eu
(hereinafter referred to as the "Seller")

 

2. These Terms and Conditions govern the mutual rights and obligations between the Seller and the natural person who concludes a purchase contract (hereinafter referred to as the "Buyer") via the web interface located on the website available at the Internet address ... (hereinafter referred to as the "Online Store").

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 goods, including the prices of individual goods and their main characteristics, is provided for each item in the online store catalog. The prices of goods include value added tax, all related fees, and costs for returning goods if, due to their nature, these goods cannot be returned by mail. The prices of goods remain valid for as long as they are displayed in the online store.

2. All presentations of goods placed in the online store catalog are for informational purposes only, and the seller is not obliged to conclude a purchase contract for these goods.

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

4. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the seller and the buyer.

 

III. Order and conclusion of the purchase agreement

1. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer. These costs do not differ from the basic rate.

2. The buyer places an order for goods in the following ways:

through their customer account, after prior 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 items, the method of payment, and delivery.

4. Before sending the order, the buyer is allowed to check and change the data entered in the order. The buyer sends the order to the seller by clicking on the button .... The information provided in the order is considered correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and the buyer's confirmation that they have read these terms and conditions.

 

5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address provided by the buyer when placing the order. This confirmation is automatic and is not considered a conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded only after the seller has accepted the order. Notification of order acceptance 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 email address provided by the buyer when placing the order. This confirmation is considered to be the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded by the seller's confirmation of the order to the buyer's email address.

6. If the seller is unable to fulfill any of the requirements specified in the order, they will send the buyer a modified offer to their email address. The modified offer is considered a new draft purchase agreement, and in such a case, the purchase agreement is concluded by the buyer's confirmation of acceptance of this offer to the seller at the email 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 notification of acceptance of the order by the seller.

The buyer may cancel the order by telephone at the seller's telephone number or by email at the seller's email address specified in these terms and conditions.

8. In the event of an obvious technical error on the part of the seller when stating the price of 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 the buyer has been sent an automatic confirmation of receipt of the order in accordance with these terms and conditions. The seller shall inform the buyer of the error without undue delay and send the buyer a revised offer to their email address. The revised offer shall be considered a new draft purchase contract, and in such a case, the purchase contract shall be concluded upon confirmation of acceptance by the buyer to the seller's email address.

 

IV. Customer Account

1. Based on the buyer's registration in the online store, the buyer can access their customer account. The buyer can place orders for goods from their customer account. The buyer can also order goods without registering.

2. When registering for a customer account and ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information provided in the user account in the event of any changes. The information provided by the buyer in the customer account and when ordering goods is 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 necessary to access their 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 may cancel the user account, especially if the buyer has not used their user account for a long time, or if the buyer violates their 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 the necessary maintenance of the hardware and software equipment of third parties.

 

V. Payment terms and delivery of goods

1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways: • by bank transfer to the seller's bank account no. ....., held at .....,

  • by credit card,
  • by bank transfer to the seller's account via the payment gateway ....,
  • cash on delivery upon delivery of the goods,
  • in cash or by payment card upon personal collection at the premises,
  • in cash or by payment card upon personal collection at the parcel delivery point ......

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

3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within .... days of the conclusion of the purchase contract.

4. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.

5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment 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. Payment of the purchase price before shipment of the goods is not considered an advance payment.

7. According to the law on sales records, the seller is obliged to issue a receipt to the buyer. At the same time, they are obliged to register the received revenue with the tax administrator online, or in the event of a technical failure, within 48 hours at the latest.

8. The goods are delivered to the buyer:

  • to the address specified by the buyer in the order · via a parcel delivery service to the address specified by the buyer
  • by personal collection at the seller's premises

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

10. The costs of delivery of the goods, depending on the method of shipment and receipt of the goods, are specified in the buyer's order and in the order confirmation by the seller. If the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any 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 delivery of the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.

12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. If the buyer finds that the packaging has been tampered with, indicating unauthorized access to the shipment, the buyer is not obliged to accept the shipment from the carrier.

13. The seller shall issue 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 ownership of the goods by paying the full purchase price for the goods, including delivery costs, but no earlier than upon receipt of the goods. Responsibility for accidental damage, damage, or loss of the goods passes to

the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to take delivery of the goods but failed to do so in violation of the purchase contract.

VI. Withdrawal from the contract

1. A buyer who has concluded a purchase agreement outside of their business activities as a consumer has the right to withdraw from the purchase agreement.

2. If the purchase agreement is concluded remotely (via an online store) or outside the seller's premises, and if the seller has provided the buyer with timely and proper information about the right to withdraw from the purchase agreement, the conditions, the deadline and procedure for exercising the right to withdraw from the purchase contract, including the form for withdrawal from the purchase contract (in accordance with the provisions of Section 3(1)(h) of the Consumer Protection Act on Distance Selling) and provided that the conditions required by law are met, the buyer has the right under the Consumer Protection Act on Distance Selling to withdraw from the purchase contract without giving any reason and without any penalty.

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

  • from the moment of receipt of the last item delivered, if the subject of the purchase contract is ordered goods that are delivered separately
  • from the moment of receipt of 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,
  • from the moment of receipt of the first delivered goods, if the subject of the purchase contract is goods that are delivered during a specified period.

4. The buyer acknowledges that, in accordance with the provisions of § 7(6) of the Consumer Protection Act on distance selling, they may not withdraw from the purchase contract in the following cases, among others:

  • the provision of a service, if the provision of the service began with the express consent of the consumer and the consumer declared that he/she had been duly informed that by expressing this consent he/she loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,
  • the sale of goods or the provision of services whose price depends on movements in the financial market which the seller cannot influence and which may occur during the withdrawal period,
  • the sale of goods made to the consumer's specific requirements, goods made to measure, or goods intended specifically for a single consumer,
  • the sale of goods that are subject to rapid deterioration or spoilage,
    sale of goods sealed in protective packaging that is not suitable for return for health or hygiene reasons and whose protective packaging has been broken after delivery,
  • sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
  • the sale of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, where delivery can be made no earlier than 30 days and the price depends on market price movements over which the seller has no influence,
  • the performance of urgent repairs or maintenance expressly requested by the consumer from the seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts necessary for repairs or maintenance, if they were concluded during a visit by the seller to the consumer and the consumer did not order these services or goods in advance,
  • the sale of audio recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has unpacked the packaging;
  • the sale of periodicals, with the exception of sales based on a subscription agreement, and the sale of books not delivered in protective packaging;
  • the provision of accommodation services for purposes other than accommodation, the transport of goods, car rental, the provision of catering services or the provision of services related to leisure activities, whereby the seller undertakes to provide these services at an agreed time or within an agreed period,
  • the provision of electronic content other than on a tangible medium, if the provision began with the consumer's express consent and the consumer declared that they had been duly informed that by expressing this consent they would lose their right to withdraw from the contract.

5. In order to comply with the deadline for withdrawal from the purchase contract, the buyer must send any unambiguous statement expressing their will to withdraw from the purchase contract within the deadline specified in paragraph 3 of Article VI of these terms and conditions. 6. To withdraw from the purchase contract, the buyer may use the model withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase contract to the seller's email or delivery address specified in these terms and conditions. The seller shall confirm receipt of the form to the buyer without delay.

7. A buyer who has withdrawn from the purchase contract is obliged to return the goods to the seller within 14 days of withdrawal from the purchase contract. The buyer shall bear 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 the buyer without delay, but no later than 14 days after withdrawal from the purchase contract, all funds, including delivery costs, which it has received from the buyer, in the same manner. The seller shall return the funds received to the buyer by other means only if the buyer agrees and if this does not incur additional costs.

9. If the buyer has chosen a delivery method other than the cheapest one offered by the seller, the seller shall refund the buyer the delivery costs in the amount corresponding to the cheapest delivery method 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 or proves that the goods have been sent to the seller.

11. The buyer must return the goods to the seller undamaged, unused, and uncontaminated, and, if possible, in their original packaging. The seller is entitled to unilaterally offset any claim for damages 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 stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has discontinued the production or import of the goods. The seller shall immediately inform the buyer via the email address provided in the order and shall return all funds, including delivery costs, received from the buyer under the contract within 14 days of notification of withdrawal from the purchase contract, in the same manner or in a manner specified by the buyer.

 

VII. Rights arising from defective performance

1. The seller is liable to the buyer for ensuring that the goods are free of defects upon delivery. In particular, the seller is liable to the buyer that at the time the buyer takes delivery of the goods:

  • the goods have the characteristics agreed upon by the parties, and in the absence of an agreement, have the characteristics described by the seller or manufacturer or expected by the buyer given the nature of the goods and based on the advertising carried out by them,
  • the goods are fit for the purpose stated by the seller or for which goods of the same type are normally used,
  • the goods correspond in quality or design to an agreed sample or model, if the quality or design was determined according to an agreed sample or model,
  • the goods are in the appropriate quantity, measure, or weight, and
  • the goods comply with legal requirements.

    2. The seller's obligations arising from defective performance shall be at least to the extent of the manufacturer's obligations arising from defective performance. Otherwise, the buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt.

3. If the period during which the goods can be used is specified on the goods being sold, on their packaging, in the instructions accompanying the goods, or in advertising in accordance with other legal regulations, the provisions on quality guarantees shall apply. By providing a quality guarantee, the seller undertakes that the goods will be fit for their usual purpose for a certain period of time or that they will retain their usual properties. If the buyer has justifiably notified the seller of a defect in the goods, the period for exercising rights arising from defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.

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

wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods. The buyer is not entitled to the right arising from defective performance if they knew before taking over the goods that the goods had a defect, or if the buyer caused the defect themselves.

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

 

  • replacement with new goods,
  • repair of the goods,
  • a reasonable discount on the purchase price,
  • withdrawal from the contract.

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

  • if the goods have a substantial defect,
  • if they cannot be used properly due to the repeated occurrence of a defect or defects after repair,
  • if there are a large number of defects in the goods.

7. A breach of the purchase agreement is considered material if the breaching party knew or should have known at the time of concluding the agreement that the other party would not have concluded the agreement if it had foreseen the breach.

8. In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or irreparable), the buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.

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

10. When making a complaint, the buyer is obliged to notify the seller of the right they have chosen. A change of choice without the seller's consent is only possible if the buyer requested a repair of a defect that proves to be irreparable. If the buyer does not choose their right from a material breach of contract in time, they have the same rights as in the case of a minor breach of contract.

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

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

13. The buyer cannot complain about discounted goods for the reason for which the goods are discounted.

14. The seller is obliged to accept complaints at any establishment where complaints can be accepted, or at their registered office or place of business. The seller is obliged to issue the buyer with written confirmation of when the buyer exercised their right, the content of the complaint and the method of handling the complaint requested by the buyer, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.

15. The seller or an employee authorized by the seller shall decide on the complaint immediately, or within three working days in complex cases. This period does not include

a period appropriate to the type of product or service necessary for professional assessment of the defect. The complaint, including the removal of the defect, must be dealt with without delay, no later than 30 days from the date of filing the complaint, unless the seller and the buyer agree on a longer period. The futile expiry of this period shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment of filing a complaint shall be considered the moment when the buyer's intention (exercise of the right arising from defective performance) is communicated to the seller.

16. The seller shall inform the buyer in writing of the outcome of the complaint.

17. The buyer is not entitled to the right arising from defective performance if the buyer knew before taking delivery of the item that it was defective, or if the buyer caused the defect themselves.

18. In the event of a justified complaint, the buyer shall be entitled to reimbursement of reasonable costs incurred in connection with the complaint. The buyer may exercise this right with the seller within one month after the expiry of the warranty period, otherwise the court may not grant it.

19. The buyer has the choice of how to make a complaint. 20. Other rights and obligations of the parties related to the seller's liability 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 email.

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

 

IX. Personal data

1. All information you provide during our cooperation is confidential and will be treated as such. Unless you give us your written consent, we will not use your data for any purpose other than to fulfill the contract, except for your email address, to which commercial communications may be sent, as this procedure is permitted by law unless you refuse it. These communications may only relate to similar or related goods and can be easily unsubscribed from at any time (by sending a letter, email, or clicking on a link in the commercial communication). Your email address will be stored for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.

2. For more detailed information on personal data protection, please see the privacy policy HERE.

 

X. Out-of-court dispute resolution

1. The Slovak Trade Inspection Authority, with its registered office at P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, website: https://www.soi.sk/sk, is responsible for the out-of-court settlement of consumer disputes arising from purchase contracts. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between sellers and buyers arising from purchase agreements.

2. European Consumer Centre Slovak Republic, with its registered office at Mlynské nivy 44/A 827 15, Bratislava 212 Slovak Republic, website: http://www.evropskyspotrebitel.sk, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and supplementing Regulation (EC) No. 2006/ 2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

3. The seller is authorized to sell goods on the basis of a trade license. Trade inspections are carried out by the relevant trade office within its jurisdiction. The Slovak Trade Inspection Authority 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 laws 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 laws of the Slovak Republic. This shall not affect the consumer's rights under generally binding legal regulations.

2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 3(1)(n) of the Consumer Protection Act on Distance Selling.

3. All rights to the seller's website, in particular copyrights to the content, including the layout of the website, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the seller's consent.

4. The seller is not liable for errors arising as a result of third-party interference with the online store or as a result of its use contrary to its intended purpose. When using the online store, the buyer may not use procedures that could have a negative impact on its operation and may not perform any activity that could enable them or third parties to interfere with or misuse the software or other components of the online store, or use the online store or its parts or software in a manner contrary to its intended purpose.

6. The seller may amend or supplement the wording of the terms and conditions. This provision shall not affect the rights and obligations arising during the period of validity of the previous wording of the terms and conditions.

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

 

These terms and conditions shall take effect on 30.09.2021.