Terms of services

General Terms and Conditions for purchases in the online store

I. General provisions

These general terms and conditions have been prepared in accordance with Act No. 40/1964 Coll., the Civil Code, Act No. 250/2007 Coll. on consumer protection, Act No. 108/2000 Coll. on consumer protection in door-to-door sales and mail-order sales, Act No. 22/2004 Coll. on electronic commerce as amended, and Act No. 428/2002 Coll. on personal data protection as amended.

The general terms and conditions govern the rights and obligations of the contracting parties arising from the purchase contract concluded between the seller, which is FORYA s.r.o. (hereinafter referred to as the “Seller”), and the buyer, the subject matter of which is the purchase and sale of goods on the Seller’s e-commerce website.

Seller’s contact details:
FORYA s.r.o.
Lietavská 8027/12
921 01 Piešťany
Slovakia

account number for cashless payments:
Company ID: 51851903
Tax ID: 2120837070
VAT ID: SK2120837070
Registered in the Commercial Register of the District Court Trnava, Section Sro, Insert No. 42771/T

account number for cashless payments: 911 911 911 911/1100

Supervisory authority:
Slovak Trade Inspection
SOI Inspectorate in Trnava
Pekárska 23, 917 01 Trnava

1. The contracting parties have agreed that by sending an order to the Seller, the Buyer confirms that they agree that these general terms and conditions and their terms and provisions shall apply to all purchase contracts concluded on the e-commerce website operated by the Seller, on the basis of which the Seller will deliver the goods presented on the relevant website to the Buyer (hereinafter referred to as the “purchase contract”), and to all relations between the Seller and the Buyer arising in particular in connection with the conclusion of the purchase contract and complaints about goods.

2. The general terms and conditions are an integral part of the purchase contract. If the Seller and the Buyer conclude a written purchase contract in which they agree on terms different from the general terms and conditions, the provisions of the purchase contract shall take precedence over the general terms and conditions.

3. The availability of goods will be confirmed to the Buyer based on the Buyer’s inquiry.

4. The Seller is bound to the Buyer by its offer of goods presented on any of the Seller’s websites, including the price, for a period of 24 hours from sending the notice of acceptance of the order to the Buyer.

5. The parties have agreed on a contractual penalty for breach of contract arising from the general terms and conditions in the amount of ………., unless the general terms and conditions provide otherwise.

II. Method of concluding the purchase contract

1. The purchase contract is concluded by the Seller’s binding acceptance of the Buyer’s proposal to conclude a purchase contract in one of the following forms:
a) by an e-mail message from the Buyer sent to the Seller,
b) by a form completed and sent by the Buyer on the Seller’s website,
c) by the Buyer’s telephone order to the Seller,
d) by an SMS message from the Buyer sent to the Seller (hereinafter referred to as the “order”).

2. The Seller’s binding acceptance of the Buyer’s order is the Seller’s telephone or e-mail confirmation to the Buyer of acceptance of the order after prior receipt of the order from the Buyer and after verifying the availability and delivery date of the goods requested by the Buyer, referred to as the “order confirmation”. The automatically generated notice of receipt of the order into the Seller’s electronic system, which the Buyer receives at their e-mail address immediately after sending the order, is not considered binding acceptance of the order. The Seller’s order confirmation contains the following information:
• availability and delivery date of the goods to the Buyer,
• name and price of the goods, shipping price,
• delivery address of the goods together with a contact person,
• shipping terms and method.

All further information regarding the order will be sent to the Buyer’s e-mail address if necessary.

3. Binding acceptance of the order contains information on the name and specification of the goods, the sale of which is the subject of the purchase contract, as well as information on the price of the goods and/or other services, information on the delivery period of the goods, the name and information on the place where the goods are to be delivered, and information on the price, terms, method and time of transport of the goods to the agreed place of delivery for the Buyer, information on the Seller (company name, registered office, Company ID, registration number in the commercial register, etc.), or other information.

III. Method of withdrawal from the purchase contract

1. The Buyer may deliver to the Seller by e-mail or by telephone, within 24 hours of delivery of the order to the Seller, a notice that they cancel the order. The Buyer is obliged to state in the cancellation notice their name, e-mail and a description of the ordered goods. In the event of cancellation of the order, the Seller does not charge the Buyer any fees related to the cancellation of the order.

2. The Buyer is entitled to withdraw from the contract without stating a reason within seven business days from the date of receipt of the goods. Within seven business days from the date of withdrawal from the contract, the Buyer returns the goods to the Seller regardless of whether the goods have been used or have defects not caused by the consumer; due care for the goods must be maintained. If the Buyer paid the Seller the purchase price, or part of it, at the time up to cancellation of the order, the Seller shall return the purchase price already paid or part thereof no later than within 15 days of cancellation of the order by transfer to the Buyer’s bank account, unless the contracting parties agree on another method of returning the purchase price.

IV. Rights and obligations of the Seller

1. The Seller is obliged in particular to:
a) deliver, on the basis of an order confirmed by the Seller, the goods to the Buyer in the agreed quantity, quality and time, and pack them or prepare them for transport in the manner necessary for their preservation and protection,
b) ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic,
c) hand over to the Buyer, no later than together with the goods, in written or electronic form, all documents necessary for taking over and using the goods and other documents prescribed by applicable legal regulations (instructions in Slovak language, warranty card, delivery note, tax document)
d) sell products in the correct weight, measure or in the correct quantity and allow the Buyer to verify the correctness of this data,
e) sell products in standard quality; if the quality is not prescribed, the Seller may sell products in lower than standard quality only if they notify the Buyer of all differences

2. The Seller has the right to proper and timely payment of the purchase price from the Buyer for the delivered goods.

3. The Seller has the right to cancel the order if, due to sold-out stock or unavailability of the goods, it is not able to deliver the goods to the Buyer within the period specified by these terms and conditions or at the price stated in the online store, unless it agrees with the customer on substitute performance. The customer will be informed of the cancellation of the order by telephone or e-mail and, in the event of payment of the purchase price or part thereof, the funds will be returned within 15 days to the account specified by the customer, unless otherwise agreed with the Seller.

V. Rights and obligations of the Buyer

1. The Buyer is obliged to:
a) take over the purchased or ordered goods,
b) pay the Seller the agreed purchase price within the agreed due date, including the costs of delivery of the goods,
c) not damage the Seller’s good business name,
d) confirm receipt of the goods in the delivery note with their signature or the signature of a person authorized by them.

2. The Buyer has the right to delivery of the goods in the quantity, quality, time and place agreed by the contracting parties in the binding acceptance of the order.

VI. Delivery and payment terms

1. Goods are sold according to the displayed samples, catalogs, type sheets and sample books of the Seller placed on the Seller’s e-commerce website.

2. The Seller is obliged to fulfill the Buyer’s order and deliver the goods to the Buyer within 30 days from delivery of the goods by the supplier or manufacturer of the goods to the Seller.

3. The Buyer is obliged to take over the goods at the place stated in the Seller’s acceptance of the Buyer’s order. If there is a delay in delivery of the goods by the Seller, the Seller is entitled to unilaterally extend the delivery period, even repeatedly, about which the Seller will issue confirmation to the Buyer. If the Buyer does not take over the goods within 7 days after the expiry of the period stated in the purchase contract, binding acceptance of the order or after the expiry of the period unilaterally extended by the Seller, the Seller is entitled and obliged to keep the goods for the Buyer for another 7 days, with the proviso that for this period it already has a claim to a contractual penalty of €16.60 for each day of keeping the goods. After the expiry of 14 days from the day when the Buyer was obliged to take over the goods, the Seller is entitled to withdraw from the purchase contract and sell the goods to a third party. After the sale of the agreed goods to a third party, the deposit for the agreed goods paid by the Buyer will be returned to the Buyer in the amount after deduction of the contractual penalty.

4. The Seller is entitled to call on the Buyer to take over the goods before the expiry of the period agreed in the purchase contract.

5. The goods will be delivered by the Seller to the Buyer in the following manner chosen by the Buyer:
a) cash on delivery by post,
b) shipment by express post or courier service or by the Seller c) personal pickup at the place of business or store of the Seller.

6. Weight, dimensions and other data on the goods contained in catalogs, brochures and other documents of the Seller placed on the Seller’s e-commerce website are non-binding data.

7. The place of delivery of the goods is the place stated in the Seller’s acceptance of the order, unless the contracting parties agree otherwise in the purchase contract.

8. If the Seller transports the goods to the Buyer to the place specified in the purchase contract by the Buyer, the Buyer is obliged to take over the goods personally or ensure that the goods are taken over by a person authorized by them in the event of their absence to take over the goods stated in the purchase contract and sign the protocol on delivery and handover of the goods. A third person authorized to take over the goods stated in the purchase contract is obliged to submit to the Seller the original or a copy of the purchase contract and proof of payment for the goods and a written power of attorney. If it is necessary to repeat the delivery of the goods due to the Buyer’s absence at the place specified in the purchase contract, all costs incurred thereby shall be borne by the Buyer, in particular repeated delivery of the goods to the place of destination specified in the purchase contract and the contractual penalty in the amount stated in point 3 of this article of these general terms and conditions. The goods shall be deemed delivered at the moment of delivery of the goods to the address stated in the binding acceptance of the order and taken over at the moment of physical takeover of the goods by the Buyer or their authorized representative, or refusal to take over the goods, which the carrier will record in the protocol on delivery and handover of the goods.

9. The Buyer is obliged to inspect the consignment, i.e. the goods as well as their packaging, immediately upon delivery. If the Buyer finds that the goods or the packaging of the goods is mechanically damaged, they are obliged to notify the carrier of this fact and, in their presence, inspect the condition of the goods. If damage to the goods is found, the Buyer is obliged to draw up a record of the extent and nature of the damage to the goods, the correctness of which shall be confirmed by the carrier. Based on such a record delivered to the Seller, the Seller may subsequently provide removal of the defect of the goods, a discount on the goods, or in the case of irremovable defects of the goods, deliver new goods to the Buyer.

10. The Buyer is entitled, in the event of non-delivery of the goods by the Seller within 5 days, to withdraw from the purchase contract and the Seller is obliged to return to the Buyer the already paid part of the purchase price within 15 days from delivery of the withdrawal from the purchase contract by cashless transfer to the Buyer’s account specified by the Buyer.

11. The Buyer will receive an invoice for each shipment by e-mail. Where the manufacturer of the goods provides a warranty card, the Seller will send it to the Buyer in the package.

VII. Purchase price

1. The Buyer is obliged to pay the Seller the purchase price of the goods agreed in the purchase contract and/or according to the Seller’s price list valid at the time of concluding the purchase contract, including the costs of delivery of the goods (hereinafter referred to as the “purchase price”) in the form of cash payment at the Seller’s designated premises, cash on delivery at the place of delivery of the goods, cash on delivery through a company providing postal services (Slovenská pošta), or by cashless transfer to the Seller’s account stated in the binding acceptance of the order.

2. The Seller reserves the right to change the purchase price in the event of a change in legislation, a change in prices from manufacturers or suppliers of goods.

3. If the Buyer pays the Seller the purchase price by cashless transfer, the day of payment shall be deemed the day when the entire purchase price was credited to the Seller’s account.

4. The Buyer is obliged to pay the Seller the purchase price for the agreed goods within the period according to the purchase contract, but no later than upon taking over the goods.

6. All promotions are valid while stocks last, unless otherwise stated for a specific product.

VIII. Acquisition of ownership and transfer of risk of damage to the goods

1. The Buyer acquires ownership of the goods only upon full payment of the entire purchase price for the goods.

2. The risk of damage to the goods passes to the Buyer at the time when they take over the goods from the Seller, or when they do not do so on time, then at the time when the Seller enables them to dispose of the goods and the Buyer does not take over the goods.

IX. Personal data and their protection

1. The contracting parties have agreed that if the Buyer is a natural person, they are obliged to notify the Seller of their first and last name, permanent residence address including ZIP code, delivery address if different, telephone number and e-mail address.

2. The contracting parties have agreed that if the Buyer is a legal entity or a natural person – entrepreneur, they are obliged to notify the Seller of their business name, registered office address including ZIP code, Company ID, telephone number and e-mail address.

3. By concluding the purchase contract, the Buyer declares that they agree, within the meaning of Section § 7(1) of Act No. 428/2002 Coll. on personal data protection as amended (hereinafter referred to as “APDP”), that the Seller processes and stores their personal data, in particular those stated above and/or those necessary for the Seller’s activity, and processes them in all its information systems. The Seller undertakes to handle and process the Buyer’s personal data in accordance with the applicable legal regulations of the Slovak Republic. The Buyer grants the Seller this consent for a definite period until the purpose of processing the Buyer’s personal data is fulfilled. After fulfillment of the purpose of processing, the Seller shall ensure immediate disposal of the Buyer’s personal data. The Buyer may revoke consent to the processing of personal data at any time in writing. Consent shall expire within 1 month from delivery of the revocation of consent by the Buyer to the Seller.

4. The Seller declares that, in accordance with Section § 6(1)(c) APDP, it will obtain personal data exclusively for the purpose of concluding the purchase contract between the Seller and the Buyer.

5. The Seller declares that, in accordance with Section § 6(1)(e) APDP, it will obtain personal data for purposes other than those stated in Article IX, point 4, separately and will ensure that personal data are processed and used exclusively in a manner corresponding to the purpose for which they were collected and that it will not combine them with personal data obtained for other purposes.

6. The Seller declares that, in accordance with Section § 6(1)(i) APDP, it will process personal data in accordance with good morals and will act in a manner that is not contrary to APDP or other generally binding legal regulations, nor will it circumvent them. The Seller declares that it will not enforce the consent of the data subject nor condition it by the threat of refusal of a contractual relationship, service, goods or an obligation imposed on the Seller.

X. Complaints procedure (liability for defects, warranty, complaints)

1. The Seller is liable for defects in the goods and the Buyer is obliged to file a complaint without delay with the Seller in accordance with the applicable complaints procedure. Information on service points for warranty and post-warranty service is stated on the back of the warranty card, or we will provide it to you upon request by phone or e-mail if necessary.

2. The applicable complaints procedure applies to handling complaints. By sending the order to the Seller, the Buyer confirms that they have been properly informed about the terms and method of making a complaint about the goods, including information on where a complaint may be filed, and about performing warranty repairs in accordance with the provision of Section § 18(1)
of Act No. 250/2007 Coll. on consumer protection and on amendment of the Act of the Slovak National Council No. 372/1990 Coll. on offences as amended (hereinafter referred to as the “Consumer Protection Act”).

3. The complaints procedure applies to goods purchased by the Buyer from the Seller in the form of e-commerce on the Seller’s e-commerce website.

4. This complaints procedure in this form is valid for all business cases unless other warranty conditions are contractually agreed.

5. The Buyer has the right to claim the warranty from the Seller only for goods that show defects caused by the manufacturer, supplier or Seller, are covered by warranty and were purchased from the Seller.

6. The Buyer is obliged to inspect the goods upon taking over the goods. If they do not do so, they may assert claims for defects found during this inspection only if they prove that these defects existed at the time of taking over the goods.

7. During the warranty period, the customer has the right to free removal of the defect after presenting the goods including accessories, documentation and instructions to the Seller’s authorized representative together with the original packaging of the goods, the warranty card and proof of payment.

8. If the goods show defects, the customer has the right to file a complaint at the Seller’s premises in accordance with Section § 18(2) of the Consumer Protection Act by delivering the goods to the Seller’s premises at their own expense and submitting a written complaint. The Buyer is obliged to precisely specify in the complaint the type and extent of defects of the goods. The customer also has the right to file a complaint with a person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as the “designated person”). The list of designated persons is stated in the warranty card or the Seller will send it to the Buyer upon their request. The complaint procedure for goods that can be objectively delivered to the Seller begins on the day when all of the following conditions are met:
a) delivery of a written complaint from the Buyer to the Seller,
b) delivery of the complained goods from the Buyer to the Seller.

The start of the complaint procedure is also the day of filing the complaint. The complained goods must be delivered to the Seller’s registered office unless the Seller or the designated person determines otherwise (e.g. transport the goods directly to the designated person).

9. The Seller is obliged to accept a complaint at any premises where acceptance of a complaint is possible, i.e. at its registered office or at a designated person in accordance with Section § 18(2) of the Consumer Protection Act.

10. At the place determined according to point 9 of these general terms and conditions for receiving complaints, the Seller is obliged to ensure the presence of a person authorized to handle complaints in accordance with Section § 18(3) of the Consumer Protection Act.

11. The Buyer is obliged to complain about defects of the goods with the Seller without undue delay, otherwise the Buyer’s right against the Seller to free removal of the defect expires.

12. The Seller or the designated person shall issue the Buyer a confirmation of filing a complaint about the goods in an appropriate form chosen by the Seller, e.g. in the form of an e-mail or in writing, in which they are obliged to precisely specify the defects of the goods in accordance with Section § 18(5) of the Act and instruct the consumer about their rights arising from Section § 622 and Section § 623 of the Civil Code. If the complaint is filed through means of distance communication, the Seller is obliged to deliver the confirmation of filing the complaint to the Buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, however no later than together with the document on handling the complaint; the confirmation of filing the complaint does not have to be delivered if the Buyer has the possibility to prove filing the complaint in another way.

13. Based on the Buyer’s decision as to which of their rights under Section § 622 and Section § 623 of the Civil Code they are exercising, the Seller or the designated person is obliged to determine the method of handling the complaint according to Section § 2(m) of the Consumer Protection Act immediately, in more complex cases within 3 days from the start of the complaint procedure, in justified cases, especially if complex technical assessment of the condition of the goods is required, no later than within 30 days from the day of the start of the complaint procedure. After determining the method of handling the complaint, the Seller or the designated person shall handle the complaint immediately; in justified cases the complaint may also be handled later. Handling the complaint, however, must not take longer than 30 days from the day of filing the complaint. After the expiry of the period for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods. The Seller informs the Buyer about the completion of the complaint procedure and the result of the complaint in the form agreed between both contracting parties.

If the Buyer filed a complaint about the goods within the first 12 months from concluding the purchase contract, the Seller may handle the complaint by rejection only on the basis of an expert opinion or a statement issued by an authorized, notified or accredited person or a statement of the designated person (hereinafter referred to as “expert assessment of the goods”). Regardless of the result of the expert assessment, the Seller may not require the Buyer to pay the costs of the expert assessment of the goods or other costs related to the expert assessment of the goods.

If the Buyer filed a complaint about the product after 12 months from concluding the purchase contract and the Seller rejected it, the person who handled the complaint is obliged to state in the document on handling the complaint to whom the Buyer may send the goods for expert assessment. If the Buyer sends the goods for expert assessment to the designated person stated in the document on handling the complaint, the costs of the expert assessment of the goods, as well as all other purposefully incurred costs related thereto, shall be borne by the Seller regardless of the result of the expert assessment. If the Buyer proves the Seller’s responsibility for the complained defect of the goods by expert assessment, they may file the complaint again; during the performance of the expert assessment of the goods the warranty period does not run. The Seller is obliged to reimburse the Buyer within 14 days from the day of the re-filed complaint all costs incurred for the expert assessment of the goods, as well as all other purposefully incurred costs related thereto. The re-filed complaint cannot be rejected.

14. The Buyer has no right to claim the warranty for defects about which they were notified by the Seller at the time of concluding the contract, or about which, with regard to the circumstances under which the purchase contract was concluded, they had to know.

15. The Seller reserves the right to replace defective goods with other similar goods with comparable technical parameters.

16. The Buyer’s claim to exercise the warranty with the Seller expires if:
a) failure to submit proof of payment, delivery note or warranty card, accessories or documentation of the goods,
b) failure to report obvious defects upon taking over the goods, c) expiry of the warranty period of the goods,
d) mechanical damage to the goods caused by the Buyer,
e) use of the goods in conditions that do not correspond, in terms of humidity, chemical and mechanical influences, to the natural environment,
f) unprofessional handling, operation, or neglect of care for the goods,
g) damage to the goods by excessive load or use contrary to the conditions stated in the documentation, general principles, technical standards or safety regulations valid in the Slovak Republic,
h) damage to the goods by unavoidable and/or unforeseeable events,
i) damage to the goods by accidental destruction and accidental deterioration,
j) unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other force majeure intervention,
k) interference with the goods by an unauthorized person.

17. The Seller is obliged to handle the complaint and complete the complaint procedure in one of the following ways:
a) by handing over repaired goods,
b) by exchanging the goods,
c) by returning the purchase price of the goods,
d) by paying an appropriate discount from the price of the goods,
e) by a written call to take over performance determined by the Seller,
f) by justified rejection of the complaint about the goods.

18. The Seller is obliged to issue to the Buyer a written document on the method of determining the method of handling the complaint and on handling the complaint no later than within 30 days from the day of filing the complaint through a postal, courier or delivery service provider, or by e-mail.

19. The warranty period is 24 months from the date of concluding the purchase contract, unless a different warranty period is stipulated for specific cases or stated on the product packaging, and runs from the date of taking over the goods and confirmation of the necessary documents related to the goods by an authorized person.

20. The warranty period is extended by the period during which the Buyer could not use the goods due to a warranty repair of the goods.

21. In the event of exchange of the goods for new goods, the Buyer will receive a document stating the exchanged goods, and any further complaints are filed on the basis of the original delivery note and this complaint document. In the event of exchange of the goods for new goods, the warranty period begins to run again from taking over the new goods, but only for the new goods.

22. All legally exercised warranty repairs are free of charge.

23. In the case of a removable defect, the complaint will be handled depending on the Buyer’s decision according to point 13 of these complaints and business terms and conditions as follows:

a) the Seller will ensure removal of the defect, or b) the Seller will exchange the defective goods.

24. In the case of a defect that cannot be removed, or a defect that is repeatedly removable more than once, or a larger number of different removable defects which prevent the goods from being properly used as defect-free, the Seller shall handle the complaint depending on the Buyer’s decision according to point 13 of these complaints and business terms and conditions as follows:
a) by exchange of the goods for other functional goods with the same or better technical parameters, or
b) if the Seller cannot exchange the goods for other goods, it shall handle the complaint by issuing a credit note for the defective goods.

25. Handling of the complaint applies only to the defects stated in the complaint submission form.

26. For the purposes of complaints, a repeatedly occurring removable defect is considered the occurrence of one removable defect more than two times.

27. For the purposes of complaints, a larger number of different removable defects is considered the occurrence of more than three different removable defects simultaneously.

28. For the purposes of complaints, the period considered as the period during which the Buyer cannot properly use the goods is the period during which, after concluding the purchase contract, the Buyer cannot use the goods due to defects of the goods for a total of more than 180 days.

29. The Buyer’s entitlement to file a complaint about a defect of the goods is consumed after they have exercised their right and requested the Seller to remove the defect of the goods according to point 8 of these complaints and business terms and conditions and, regardless of the outcome of the complaint, they are no longer entitled to file a complaint repeatedly for the same unique defect (not a defect of the same type).

30. If the Seller completes the complaint procedure as a justified rejection of the complaint, but the defect of the product objectively exists and has not been removed, the Buyer may assert their right to removal of the defect of the goods through the court.

31. Goods which, for hygienic reasons, are sealed in protective packaging and which are not suitable for return after opening, cannot be returned once this packaging is broken. This applies in particular to perfumes and cosmetics if they are sealed with a protective foil upon delivery.

XI. Withdrawal from the purchase contract

1. The Seller is entitled to withdraw from the purchase contract due to sold-out stock, unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the purchase contract discontinued production or made such serious changes that made it impossible to fulfill the Seller’s obligations arising from the purchase contract, or due to an event that could not be prevented even with all efforts, or due to unusual or unforeseeable events, or if, even with all efforts that may be fairly required of it, it is not able to deliver the goods to the customer within the period specified by these terms and conditions or at the price stated in the online store. The Seller is obliged to immediately inform the Buyer of this fact and return to them the purchase price already paid or the deposit for the goods agreed in the purchase contract within 15 days from the notice of withdrawal from the contract by transfer to the account specified by the Buyer.

2. The Buyer is entitled to withdraw from the purchase contract within 7 business days from taking over the goods without stating a reason in accordance with Section § 12(1) of Act No. 108/2000 Coll. on consumer protection in door-to-door sales and mail-order sales as amended (hereinafter referred to as the “Consumer Protection in Mail-Order Sales Act”).

 3. The Buyer acknowledges that by opening the packaging of the perfume they lose the possibility of returning it for hygienic reasons. For this reason, it is not possible to withdraw from the contract or file a complaint for perfumes that were opened or used after delivery, unless the reason for the complaint is a manufacturing defect of the product. Subjective reasons, such as dissatisfaction with the scent, are not considered a defect of the goods.

4. By sending the order to the Seller, the Buyer confirms that the Seller has fulfilled its information obligations in a timely and proper manner pursuant to Section § 10 of the Consumer Protection in Mail-Order Sales Act.

5. Withdrawal from the purchase contract under the preceding point of these general terms and conditions must contain identification of the Buyer, order number and date, exact specification of the goods, the method by which the Seller is to return the received performance, in particular the account number and/or postal address. At the same time as withdrawing from the purchase contract, the Buyer is obliged to deliver to the Seller the goods together with accessories including documentation, instructions, warranty card, proof of payment, etc., and in the original packaging in the form of an insured shipment.

6. If the Buyer withdraws from the contract and delivers to the Seller the goods that are unused, in the original sealed original packaging and are not damaged or incomplete, the Seller shall return to the Buyer the purchase price already paid for the goods stated in the binding acceptance of the order or part thereof within 15 days from delivery of the withdrawal from the purchase contract and delivery of the goods to the Seller by cashless transfer to the Buyer’s account specified by the Buyer.

7. If the Buyer withdraws from the contract and delivers to the Seller the goods that are used and are damaged or incomplete, the Seller shall return to the Buyer the purchase price already paid for the goods stated in the binding acceptance of the order or part thereof reduced in accordance with Section § 457 of the Civil Code by the value of its wear in the amount of 1% of the total price of the goods for each day of using the goods and by the value of repair and restoration of the goods to their original state within 15 days from delivery of the withdrawal from the purchase contract and delivery of the goods to the Seller by cashless transfer to the Buyer’s account specified by the Buyer.

8. In the case of valid withdrawal from the contract by the Buyer, the Seller shall return to the Buyer the purchase price including the costs incurred by the Buyer in connection with ordering the goods, if the Buyer submits to the Seller written documents of the incurred costs that the Buyer incurred in connection with ordering the goods together with the goods. The costs of returning the goods are not borne by the Buyer only if the goods did not fully meet the quality requirements and were defective at the same time. Goods fully meeting quality requirements are considered goods of the same or similar characteristics as stated in the offer of goods on the Seller’s website.

9. The costs incurred by the Buyer in connection with ordering the goods are considered the costs of placing the order, in particular the price of the telephone call by which the Buyer made the proposal to conclude the purchase contract, or the price for the Buyer’s connection to the Seller’s website during which the Buyer filled in and sent the form to order the goods on the website or wrote and sent an e-mail with the order for the goods for a duration of 30 minutes.

10. If the Buyer fails to fulfill any obligation stated in Article X, points 4 and 5 of these general terms and conditions, withdrawal from the purchase contract is not valid and effective and the Seller is not obliged to return to the Buyer the purchase price and at the same time has the right to reimbursement of costs associated with sending the goods back to the Buyer.

XII. Final provisions

1. The Seller reserves the right to change these general terms and conditions. The obligation of written notification of the change in these general terms and conditions is fulfilled by posting it on the Seller’s e-commerce website.

2. If the purchase contract is concluded in writing, any change to it must be in writing.

3. In case of doubt, the contracting parties have agreed that the period of use shall be considered the period from delivery of the goods to the Buyer according to Article VI, point 7 of these general terms and conditions until the day of delivery of the goods to the Seller according to Article VI, point 3 of these general terms and conditions.

4. The contracting parties have agreed that communication between them will be carried out in the form of e-mail messages.

5. Relations not governed by these general terms and conditions are governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, Act No. 250/2007 Coll. on consumer protection, Act No. 108/2000 Coll. on consumer protection in door-to-door sales and mail-order sales, Act No. 22/2004 Coll. on electronic commerce and on amendment and supplementation of Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendment and supplementation of certain acts as amended by Act No. 284/2002 Coll. as amended, and Act No. 428/2002 Coll. on personal data protection as amended.

6. These general terms and conditions become effective vis-à-vis the Buyer upon concluding the purchase contract.

7. By sending the order, the Buyer confirms that they have read these general terms and conditions and agree with them in full.

In Bratislava, on 1.10.2022

9. GDPR – PROTECTION OF THE BUYER’S PERSONAL DATA
9.1. The complete wording of what personal data we collect and process can be found on the Personal Data Protection page.