Terms of services

 

General Terms and Conditions of the online store (e-shop)

Article I.

Definitions

  1. The operator of the website (e-shop) is Merch s.r.o., with its registered office at Slávičia 10, 903 01 Senec, Company ID (IČO): 47608803, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, File No.: 95409/B, Tax ID (DIČ): 2023966846, VAT ID: SK 2023966846
  2. The seller of products marked with an asterisk and priced excluding VAT is Merch s.r.o., with its registered office at Slávičia 10 903 01 Senec (full details are provided in the contacts).
  3. The supplier of goods and services offered in the e-shop www.shop.mirojaros.sk is Merch s.r.o., with its registered office at Slávičia 10 903 01 Senec (full details are provided in the contacts).    
  4. The buyer is any visitor to the e-shop who has created an order via the e-shop. For the purposes of Act No. 108/2024 Coll., a consumer means a natural person or a legal entity who does not purchase goods for the purpose of resale to other persons, for business purposes, or for the performance of employment or profession.
  5. The e-shop is a computer system located on the Internet network with public access, enabling the ordering of goods or services.
  6. Goods or services are all products published on the e-shop pages.
  7. An order is created by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including completing the order form in full.
  8. The buyer fully acknowledges electronic communication, primarily via the e-shop, email communication as well as telephone communication.

 

Article II. 

Price

  1. All stated prices for goods are final. Whether prices include 23% VAT is governed by the product display itself and the information in Art. I, para. 2 and para. 3.
  2. The seller is bound by the price stated on the e-shop website at the moment of purchase.

 

Article III. 

Order

  1. An order is created by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including completing the order form in full.. For proper processing of the order, it is necessary to fill in the required data in the order and choose the delivery and payment options for the ordered goods or services.
  2. By sending the order, the buyer agrees with the price of the ordered goods and services, and therefore the order becomes binding for the consumer.
  3. By confirming the order by the seller, a purchase contract is concluded, which may be changed, cancelled or supplemented only on the basis of mutual agreement between the buyer and the seller, unless the law or other legal regulation provides otherwise.
  4. After the order is created in the e-shop, an email confirming receipt of the order by the e-shop is automatically generated for the buyer. This email is not a confirmation of goods within the meaning of para. 3 of this Article.
  5. By sending the order, the buyer is bound to pay the purchase price of the ordered goods.

 

Article IV. 

Payment terms

  1. Goods and services in the e-shop can be paid for in the following ways:
    1. cash on delivery (you pay directly to the courier / at the post office upon receipt of the goods)
    2. payment based on a payment request – in advance, the goods will be dispatched after the funds are received in our account,
  2. A gift voucher represents a prepaid amount of funds that the buyer may use for a purchase subject to there being sufficient available prepaid funds. The voucher validity date is stated on it. The nominal value of the gift voucher can be agreed with the buyer.
  3. Surcharges for individual payment options are stated in Art. VI of these General Terms and Conditions.
  4. The seller may provide the buyer with discount options:
    1. a discount from the price for registration in the e-shop,
    2. a discount for repeat purchase,
    3. a discount based on a one-time discount coupon,
  5. Provided discounts cannot be combined.

 

Article V. 

Delivery terms

  1. The seller is obliged to send the goods to the buyer within 30 days from the conclusion of the purchase contract, unless otherwise agreed, or unless a longer delivery period was stated for the goods.
  2. If the goods are in stock, they are dispatched as quickly as possible according to capacity.
  3. If the order contains multiple goods and services and some of them are not in stock, we will inform the buyer about this with options for partial deliveries.
  4. The invoice (tax document) is sent exclusively electronically, pursuant to Act No. 222/2004 on Value Added Tax, § 71(1)(b) in PDF format, after payment for the order is received. If the buyer requests that the invoice also be sent in paper form, it will be additionally sent by post.
  5. The place of performance is considered to be the place to which the goods are delivered.
  6. The seller provides transport to the buyer via:

                           a.     post,

                           b.     courier company,

                           c.     Packeta pick-up points.

 

 

Article VI. 

Shipping fees, packaging and payment options

  1. Information on the amounts of shipping fees and fees for payment services can be found in the section Delivery and payment terms
  2. The seller may also agree with the buyer on a non-standard (above-mentioned) procedure for sending goods or services as well as prices for these services.
  3. The seller may send goods that are immediately available to the buyer and deliver the remaining part of the order additionally within the statutory period, provided that the buyer will not be charged any additional postage other than that included in the order.

 

Article VII. 

Transfer of ownership

  1. Ownership passes from the seller to the buyer only at the moment of payment of the full price for the subject of the purchase contract.
  2. For goods or services to which the seller’s ownership right still applies, the seller reserves the right, in the event of a complaint by the buyer, to handle it only at the moment of full payment of the subject of the purchase contract.

 

Article VIII. 

Cancellation of the purchase contract

  1. The buyer has the right to cancel ordered goods or a service within 24 hours from the conclusion of the purchase contract without a cancellation fee in the case of goods that are made to order, according to specific requirements of the consumer or specifically for one consumer.

 

Article IX. 

The consumer’s right to return goods without stating a reason and consumer instruction

  1. Under Act No. 108/2024 Coll., the consumer has the right to withdraw from the purchase contract within 14 calendar days from the day of receipt of the goods. If the subject of the purchase contract is the delivery of goods, the consumer has the right to withdraw from the contract even before delivery of the goods.
  2. If the consumer wishes to exercise this right, they are obliged to deliver a written withdrawal from the purchase contract in person no later than on the last day of the specified period to the seller’s contact address, or to hand over this withdrawal for postal transport no later than on the last day of the period to the address listed in the contacts. After notifying withdrawal from the contract, the consumer is obliged to send or deliver in person the subject of the contract from which they withdraw together with all documentation – e.g. the original invoice, instructions and other documentation for the goods that was delivered together with the goods, no later than 14 days from the day of withdrawal. We recommend that buyers make a copy of the invoice for their own use and send the goods by registered mail and as an insured shipment. You can use the following form to withdraw from the contract: Withdrawal from the purchase contract.
  3. Do not send us goods cash on delivery; such goods will not be accepted.
  4. The e-shop operator will refund the paid performance for the goods/service including delivery costs as well as demonstrably incurred costs for ordering the goods within 14 days from the day the withdrawal from the contract is delivered, however, they do not have to refund money earlier than the goods are delivered to them or the consumer proves that the goods were sent; this does not apply if the seller proposed that they would collect the goods themselves.
  5. The costs of returning the goods are borne by the consumer.
  6. The right of withdrawal does not apply to goods and services that are defined in Act No. 108/2024 Coll.
  7. The consumer bears any reduction in the value of the goods that was caused by its use beyond what is necessary to determine the functionality and properties of the goods.

 

Article X. 

Rights and obligations of the contracting parties

  1. The contracting parties are considered to be the seller and the buyer.
  2. The buyer is obliged to:
    1. take delivery of the ordered goods,
    2. pay the agreed remuneration for the goods to the seller,
    3. check the integrity of the packaging and also the goods themselves upon receipt.
  3. The seller is obliged to:
    1. deliver the goods to the customer in the required quality, quantity and at the agreed price,
    2. together with the goods or additionally send the customer all documents related to the goods, such as the invoice for the goods, complaint form, operating instructions in the codified form of the Slovak language.

 

Article XI.

Personal data protection

  1. Personal data are processed in accordance with Act No. 18/2018 Coll. on personal data protection, as amended.
  2. The operator does not provide the buyer’s personal data to a third party, except to the transport company for delivery of goods or services, or to state authorities in the case of an inspection.
  3. The operator obtains the following personal data from the buyer: title, first name, last name, address, delivery address, telephone number, email address.
  4. The personal data provided by you are processed for the purpose of properly processing your order.
  5. The operator is obliged to secure personal data against access by unauthorized persons, which are processed in security measures.
  6. If the buyer agreed to the processing of personal data upon registration in the e-shop for marketing purposes, they agreed to the sending primarily of email messages to the contact email address, telephone contact or sending addressed mail to the contact address.
  7. Personal data for marketing purposes in the scope of first and last name, telephone number, address and email address are provided for a period of five years.
  8. The buyer may revoke their consent at any time in writing by sending a Revocation of consent to the processing of personal data, whereupon we immediately block or delete them. And from our side, we will no longer use the personal data provided by you for marketing purposes.

 

Article XII.

Compensation for damage for failure to accept goods

  1. The seller has the right to compensation for damage (pursuant to § 420 et seq. of the Civil Code) in the event that the buyer ordered goods which they did not cancel or withdraw from the contract for, and at the same time did not accept these goods from the carrier, or after the seller’s request, in the case of choosing personal collection, did not collect the goods within the specified collection period. By this conduct, the buyer breached their obligation stated in Art. X point 2(a), according to which the buyer is obliged to accept the ordered goods.
  2. When determining the amount of compensation for damage, the seller takes into account primarily transport costs and related fees in the case of sending goods, costs related to packaging, dispatch and administration of the order, as well as all other costs incurred in connection with the fulfillment of the relevant order, and also has the right to charge lost profit.
  3. The seller also has the right not to exercise the right to compensation for damage or to exercise this right only partially.

 

Article XIII. 

Final provisions

  1. The seller reserves the right to change and amend these General Terms and Conditions and complaint terms without prior notice to the buyer. In the event of changes to the General Terms and Conditions or complaint terms, the entire purchasing process is governed by those General Terms and Conditions that were valid at the moment the order was sent by the buyer and which are accessible on the seller’s website.
  2. An integral part of these General Terms and Conditions are also the complaint terms.
  3. By sending the order, the buyer has read the General Terms and Conditions as well as the complaint terms and agrees with their wording.
  4. These terms were prepared within the project of e-shop certification nakupujbezpecne.sk
  5. These General Terms and Conditions and complaint terms are available for inspection by buyers at the company’s registered office and are also published on the e-shop website.
  6. Relationships not regulated otherwise in these General Terms and Conditions as well as in their inseparable parts (annexes) are governed by the relevant provisions primarily of Act No. 40/1964 Coll., Act No. 108/2024 Coll., Act No. 22/2004 Coll., as well as Act No. 513/1991 Coll.
  7. These General Terms and Conditions including their inseparable parts enter into force and effect on 16 November 2024.
  8. If the consumer is not satisfied with the way in which the seller handled their complaint or if they believe that the seller violated their rights, they have the option to contact the seller with a request for remedy. If the seller responds to the request for remedy negatively or does not respond within 30 days from the date of sending, the consumer, pursuant to § 12 of Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes and on amendments to certain laws, has the right to submit a proposal to initiate alternative dispute resolution of their dispute. The competent entity for alternative dispute resolution of consumer disputes with the e-shop operator is the Slovak Trade Inspection (www.soi.sk) or another competent authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s), while the consumer has the right to choose which of the above alternative dispute resolution entities to contact. The consumer may also use the online dispute resolution platform to submit a proposal for alternative dispute resolution of their dispute, available at http://ec.europa.eu/consumers/odr/. Information about fees for the proposal can be found by the consumer on the websites of the specific alternative dispute resolution entity.

 

 

 

 

 

 

Complaint terms of the online store (e-shop)

an integral part of the General Terms and Conditions

 

  1. Only goods that were purchased only from the seller and that are the property of the buyer may be complained about.
  2. If ownership has not yet passed from the seller to the buyer, the buyer, pursuant to applicable legislation, may have the complaint handled only after full payment pursuant to § 151 of the Civil Code.
  3. If the buyer is a consumer (a natural person who does not act within the scope of their business activity, employment or profession), a warranty of 24 months is provided for all offered goods, unless otherwise stated for the goods, and the procedure is in accordance with the Consumer Protection Act and the Civil Code. If the buyer is not a consumer, the procedure is in accordance with the provisions of the Commercial Code and the warranty period is 1 year. The warranty period begins on the day of receipt of the goods from the transport company or directly from the seller if the buyer collects the goods in person on the day of receipt.
  4. The buyer is obliged to assert the complaint without undue delay with the seller, i.e. immediately after discovering the defect.
  5. Liability for defects does not apply to defects caused by the following use:
    1. the defect occurred due to mechanical damage to the product caused by the buyer,
    2. improper handling of the product in a manner other than stated in the instructions for use,
    3. use of the goods in conditions that do not correspond in their humidity, chemical and mechanical effects to the natural environment of the goods,
    4. neglect of care and maintenance of the goods,
    5. damage to the goods due to excessive load,
    6. use of the goods contrary to the conditions stated in the documentation, general principles, technical standards or safety regulations, or other breach of the warranty terms.
  6. Defects that arose due to a natural disaster are also excluded from liability for defects.
  7. Liability for defects also does not apply to normal wear and tear of the goods (or part thereof) caused by using the goods. A shorter service life of the product therefore cannot be considered a defect and cannot be claimed.
  8. Claimed goods must be sent to our address stated according to the instructions after completing the form and in the confirmation email.. The goods must be suitably packed so that no damage occurs during transport, and we recommend sending the goods by registered mail, possibly as an insured shipment. A copy of the proof of purchase (invoice) must be attached to the goods, and we recommend enclosing a completed Complaint form. (The complaint must be sent exclusively in writing (by post).
  9. The seller will confirm receipt of the complaint and issue the buyer a confirmation of making a complaint about the goods in an appropriate form. The day of asserting the complaint is considered the day it is delivered to the seller. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the document on the handling of the complaint. The confirmation of the handling of the complaint will be sent in writing.
  10. The seller is obliged to determine the method of handling the complaint immediately, in complex cases within 3 days from the day the complaint is asserted. In justified cases, especially if a complex technical assessment of the goods is required, no later than within 30 days from the day the complaint is asserted. After determining the method of handling the complaint, the seller will handle the complaint immediately; in justified cases, the complaint may also be handled later. However, handling of the complaint must not be longer than 30 days from the day the complaint is asserted. After the expiry of the 30-day period for handling the complaint, the buyer has the right to withdraw from the purchase contract and the full amount for the goods will be refunded, or they have the right to exchange the goods for a new one.
  11. The buyer’s rights when asserting a complaint:
    1. in the case of a removable defect, the buyer has the right for it to be removed free of charge, properly and in time. The seller decides on the method of removing the defect. The buyer may request, instead of repair of the defect (repair), replacement of the defective item with a defect-free one, provided this does not cause the seller disproportionate costs with regard to the price of the goods or the seriousness of the defect,
    2. in the case of an irremovable defect that prevents proper use of the item for the given purpose, the buyer has the right either to replacement of the item or to withdrawal from the purchase contract (refund of money).
    3. a complaint is considered handled if the complaint procedure ends by handing over the claimed goods, their replacement or refunding the purchase price of the goods, by a written request to collect the performance, or by its justified rejection.
  12. Non-damage to the goods, or integrity of the packaging (according to the instructions upon receipt of the goods) must be checked upon receipt of the goods, as the goods may be damaged during transport; we recommend that buyers unpack the goods and inspect them in the presence of the carrier. By your signature to the courier you declare that the packaging is undamaged.
  13. These complaint terms are an integral part of the General Terms and Conditions, and the seller reserves the right to change them at any time without prior notice to the buyer.