Terms and Conditions, Retail
I. Basic provision
1. These General Terms and Conditions (hereinafterreferredto as "CommercialConditions")are in accordance with the provisions of Act No. 40/1964 Z. Civil Code as amended (hereinafterreferredto as"CivilLaw"),Act No. 250/2007 On Consumer Protection and on Amendment of the Act of the Slovak National Council
No. 372/1990 Ec. on infringements, as amended (hereinafter referred to as
only "Consumer Protection Act"), Act No. 102/2014 Z. z. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller and on amendments to certain laws (hereinafter referred to as the "Act on consumer protection in distanceselling")
COMPANY ID: 51646994
VAT ID: 2120737036
established: Malé Leváre 520, 908 74 Malé Leváre
registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 127575/B
contact details: MINALOX, s.r.o.
phone: +421 948 030 923
(hereinafter referred to as"the seller")
2. These Terms and Conditions govern the reciprocal rights and obligations between the seller and the natural person who concludes the purchase contract (hereinafter referred to as the "Buyer") through a web interface located on the website available on the minalox.sk internet address(hereinafterreferred 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 on goods and prices
1. Information on the goods, including the indication of the prices of individual goods and their main characteristics, shall be given for individual goods in the catalogue of the online store. The prices of the goods are stated including value added tax, all related charges and the cost of returning the goods, if these goods cannot by their very nature be returned by post. Prices of goods remain valid for as long as they are displayed in the online store.
2. All presentations of goods placed in the catalogue of the online store are of an informative nature and the seller is not obliged to conclude a purchase contract in respect of these goods.
3. Information on the costs associated with the packaging and delivery of goods shall be published in the online store. Information on the costs associated with the packaging and delivery of goods stated in the online store applies only when the goods are delivered within the territory of the Slovak Republic and the Czech Republic.
4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
III.Order and conclusion of the purchase contract
1. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the buyer himself. These costs are no different from the basic rate.
2. The buyer makes the order of the goods in the following ways:
- through your customer account, after prior registration in the online store,
- by filling in the order form without registration.
3. When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
4. Before submitting the order, the buyer is allowed to check and change the data he has placed in the order. The buyer sends the order to the seller by clicking the Submit Order button. The data contained in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation by the buyer that he has become acquainted with these terms and conditions.
5. Immediately after receiving the order, the Seller shall send the buyer a confirmation of receipt of the order to the e-mail address entered by the buyer upon order. This confirmation is automatic and is not considered to be the conclusion of a contract. The attachment to the confirmation is the seller's current terms and conditions. The purchase contract is concluded only after receipt of the order by the seller. Notice of receipt of the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address entered by the buyer when ordering. This confirmation shall be deemed to constitute the conclusion of a contract. The attachment to the confirmation is the seller's current terms and conditions. The purchase contract is concluded by confirming the order by the seller to the buyer's e-mail address.
6. If any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller shall send the amended offer to the buyer at his e-mail address. The amended offer is considered to be a new draft purchase contract and in such a case the purchase contract is concluded by confirming the buyer's acceptance of this offer to the seller at his e-mail address specified in these Terms and Conditions.
7. All orders received by the seller are binding. The Buyer may cancel the order until the buyer has received notice of receipt of the order by the Seller. The Buyer may cancel the order by phone to the seller's telephone number or email specified in these Terms and Conditions.
8. In the event of an obvious technical error on the part of the seller when placing the price of the goods in the online store or during the ordering process, the seller shall not be obliged to deliver the goods to the buyer at that clearly erroneous price. The seller informs the buyer of the defect without undue delay and sends the buyer a changed offer to his e-mail address. The amended offer is considered to be a new draft purchase contract and in such a case the purchase contract is concluded by an acknowledgement of receipt by the buyer to the seller's e-mail address.
1. Based on the buyer's registration made in the online store, the buyer may access his customer account. From his customer account, the buyer can carry out the ordering of goods. The buyer can also order goods without registration.
2. When registering in the customer account and ordering the goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data stated in the user account at any change. The data given by the buyer in the customer account and when ordering the goods are considered correct by the seller.
3. Access to the customer account is secured by username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary for access to his customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
4. The Buyer shall not be entitled to allow the use of the customer account by third parties.
5. The seller may close the user account, especially if the buyer does not use his user account for a longer period of time, or in the event that the buyer violates his obligations under the purchase contract or these terms and conditions.
6. The Buyer acknowledges that the User Account may not be available 24/7, in particular with regard to the necessary maintenance of the seller's hard-hardware and software equipment, or maintenance of third party hardware and software equipment.
V.Payment terms and delivery of goods
1. The price of the goods and, where applicable, the costs associated with the delivery of the goods under the purchase contract may be paid by the Buyer in the following ways:
- by wire transfer to the seller's bank account No SK2611000000002940054710, held by
in Tatra Banka, a.s.
- cashless by credit card,
- cashless transfer to the seller's account through the CardPay payment gateway,
- cash on delivery when handing over the goods,
- in cash or by credit card during personal collection in operation,
- in cash or by credit card at the personal collection of the parcel dispensary
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated below, the purchase price also means the costs associated with the delivery of the goods.
3. In the case of cash payment, the purchase price shall be payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of the conclusion of the purchase contract.
4. In the case of payment through a payment gateway, the buyer shall follow the instructions of the respective electronic payment provider.
5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the seller's bank account.
6. The seller shall not require any advance or other similar payment from the buyer in advance. Payment of the purchase price before sending the goods is not a down payment.
7. According to the Act on Recording of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in case of a technical outage then within 48 hours
8. The goods are delivered to the buyer:
- to the address specified by the buyer in the order
- by means of a delivery order to the address of the dispensary designated by the buyer,
- personal collection at the seller's premises
9. The choice of delivery method is made during the ordering of the goods.
10. The costs of delivery of the goods depending on the method of dispatch and receipt of the goods are stated in the buyer's order and in the order confirmation by the seller. In the event that the mode of transport is agreed at the specific request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
11. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods on delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively the costs associated with another method of delivery.
12. When taking over the goods from the carrier, the buyer is obliged to check the intactness of the packages of the goods and in case of any defects, to notify the carrier without delay. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the buyer does not have to take the shipment from the carrier.
13. The seller will issue the buyer with a tax document - an invoice. The tax document is sent to the buyer's email address.
14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including the cost of delivery, but first by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the moment of receipt of the goods or the moment when the buyer was obliged to take over the goods, but in violation of the purchase contract he did not do so.
1. A buyer who has concluded a purchase contract outside his business as a consumer shall have the right to withdraw from the purchase contract.
2. Where the purchase contract is concluded at a distance (through an online store) or off-premises of the seller, and at the same time if the seller has provided the buyer with information on the right to withdraw from the purchase contract, the conditions, time limit and procedure for exercising the right of withdrawal from the purchase contract, including the form for withdrawal from the purchase contract (in accordance with the provision of § 3(1)(h) of the Consumer Protection Act on distance selling) and while fulfilling the legally required facts, the buyer has the right under the Act on Consumer Protection when selling at a distance without giving any reason and without any penalty to withdraw from the purchase contract.
3. The withdrawal period is 14 days
- the moment of receipt of the goods that were delivered last, if the subject of the purchase contract is the ordered goods, which are delivered separately
- at the time of receipt of the last part or the last piece, if the subject of the purchase contract is several types of goods or the supply of several parts,
- at the time of receipt of the first delivered goods, if the subject of the purchase contract is goods which are delivered during a defined period.
4. The Buyer acknowledges that, in accordance with section 7(6) of the Act on consumer protection in distance selling, he cannot, inter alia, withdraw from the purchase contract:
- the provision of the service, where its provision has started with the express consent of the consumer and the consumer has stated that he has been duly instructed that, by expressing such consent, he loses the right of withdrawal after the service has been fully provided and if the service has been fully provided,
- the sale of goods or the provision of a service, the price of which depends on the movement of prices on the financial market, which cannot be influenced by the seller and which may occur during the period of withdrawal,
- the sale of goods manufactured in accordance with the specific requirements of the consumer, of custom-made goods or of goods intended specifically for one consumer,
- the sale of goods subject to rapid quality reduction or destruction,
- the sale of goods enclosed in protective packaging which are not suitable for return for reasons of health or hygiene reasons and whose protective packaging has been infringed after delivery,
- the sale of goods which, by their nature, may, after delivery, be inextricably mixed with other goods,
- the sale of alcoholic beverages the price of which was agreed at the time of conclusion of the contract, the delivery of which can take place no earlier than after 30 days, and their price depends on the movement of prices on the market, which the seller cannot influence,
- carrying out urgent repairs or maintenance which the consumer has expressly requested from the seller; this does not apply to service contracts and contracts the object of which is the sale of goods other than spare parts necessary for carrying out repair or maintenance, if they were concluded during the seller's visit to the consumer and the consumer has not ordered those services or goods in advance,
- the sale of phonograms, video recordings, sound recordings, books or computer software sold in a protective packaging, if the consumer has unwrammed the packaging,
- the sale of periodicals, with the exception of sales under a subscription agreement, and the sale of books not delivered in protective packaging,
- the provision of accommodation services for purposes other than accommodation, transport of goods, hire of cars, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services within the agreed time or within the agreed period,
- the provision of electronic content other than on a tangible medium, where its provision has commented with the express consent of the consumer and the consumer has stated that he has been duly instructed that, by expressing such consent, he loses his right of withdrawal.
5. In order to comply with the withdrawal period, the Buyer must send any unambiguous statement expressing his willingness to withdraw from the purchase contract within the specified period according to paragraph 3 of Article VI of these Terms and Conditions.
6. For withdrawal from the purchase contract, the buyer may use the model form for withdrawal from the purchase contract provided by the seller. Withdrawal from the purchase contract will be sent by the Buyer to the email or delivery address of the seller specified in these Terms and Conditions. The seller shall confirm to the buyer without delay the receipt of the form.
7. The buyer who has withdrawn from the purchase contract is obliged to return the goods to the seller within 14 days of the withdrawal from the purchase contract to the seller. The buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned because of their nature by post.
8. If the buyer withdraws from the purchase contract, the seller shall return to him immediately, but no later than 14 days after withdrawal from the purchase contract, all cash, including delivery costs, received from him in the same way. The seller returns the received funds to the buyer by other means only if the buyer agrees and if it does not incur additional costs.
9. If the buyer has chosen a method other than the cheapest method of delivery of the goods offered by the seller, the seller shall reimburse the buyer for the cost of delivery of the goods in an amount corresponding to the cheapest method of delivery offered.
10. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
11. The goods must be returned by the buyer to the seller undamaged, unneeded and uninsured and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for damages incurred on 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 the sale of stocks, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or import of the goods. The Seller shall immediately inform the buyer through the e-mail address specified in the order and return, within 14 days of notification of withdrawal from the purchase contract, all funds, including delivery costs, received from him under the contract, in the same way or in the manner specified by the buyer.
VII.Rights of defective performance
1. The seller shall be liable to the buyer that the goods are not defects on receipt. In particular, the seller shall correspond to the buyer that at the time when the buyer takes over the goods:
- the goods have characteristics which have been agreed by the parties and, in the absence of arrangements, have characteristics which the seller or manufacturer has described or expected by the buyer, having regard to the nature of the goods and the advertising carried out by them,
- the goods fit for the purpose which the seller puts in place for their use or for which goods of the same kind are normally used,
- the goods correspond to the quality or design of the agreed sample or master if the quality or design has been determined according to the agreed sample or master,
- the goods are in the corresponding quantity, measure or weight, and
- the goods comply with the requirements of the legislation.
2. Obligations arising from defective performance shall be fulfilled by the seller at least to the extent that the obligations arising from the defective performance of the manufacturer persist. The buyer is otherwise entitled to exercise the right of defect that occurs with consumer goods within twenty-four months of receipt.
3. Where the goods sold, their packaging, instructions attached to the goods or advertising in accordance with other legislation state the period for which the goods may be used, the provisions on the quality guarantee shall apply. By guaranteeing quality, the seller undertakes that the goods will be fit for use for the usual purpose for a certain period of time or that he will retain the usual characteristics. If the buyer has rightly defected the goods to the seller, there is no time limit for exercising the rights of defective performance or warranty period for the period for which the buyer cannot use the defective goods.
4. The provisions referred to in the preceding paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to the goods used for a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer or where this results from the nature of the goods. The right to defective performance does not lie with the buyer if he knew before the goods were taken over that the goods had a defect or if the defect was self-inflicted by the buyer.
5. In the event of a defect, the buyer may submit a claim to the seller and request:
- exchange for new goods,
- repair of goods,
- a reasonable discount on the purchase price,
- withdraw from the contract.
6. The buyer has the right to withdraw from the contract,
- where the goods have a substantial defect,
- if the thing cannot be properly used due to the recurrence of defects or defects after repair,
- more defects in the goods.
7. A breach of the purchase contract which the party in breach of the contract already knew or must have known at the time of the conclusion of the contract is material, that the other party would not have concluded the contract if it had foreseen the breach.
8. In the case of a defect that constitutes a non-material breach of contract (regardless of the defect removable or irremovable), the Buyer is entitled to the removal of the defect or a reasonable discount on the purchase price.
9. If there is a case of removable defect after repair (usually a third claim for the same defect or the fourth due to different defects) or the goods have a larger number of defects (usually at least three defects at the same time), the buyer has the right to apply the discount requirement on the purchase price, exchange of goods or withdraw from the contract.
10. When making a claim, the buyer is obliged to notify the seller what right he has chosen. A change of choice without the seller's consent is possible only if the buyer has requested the repair of the defect, which turns out to be irremovable. It does not choose if the buyer has his right to material breach of contract in a timely manner, he has the same rights as in the case of a non-material breach of contract.
11. If repair or replacement of the goods is not possible, upon withdrawal from the contract the buyer may demand a full refund of the purchase price.
12. If the seller proves that the buyer knew or caused the defect of the goods before taking over the goods, the seller is not obliged to comply with the buyer's claim.
13. The buyer cannot claim discounted goods for the reason for which the goods are discounted.
14. The seller is obliged to accept the claim in any establishment where acceptance of the claim is possible, possibly at the registered office or place of business. The seller is obliged to issue the buyer with a written confirmation of when the buyer has exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the execution of the repair and its duration, or written justification for rejecting the complaint.
15. The seller or his authorized employee will decide on the complaint immediately, in complex cases within three working days. This period does not include the period appropriate to the type of product or service required for the professional assessment of the defect. The claim, including the removal of the defect, must be settled without delay, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. In vain expiry of this period is considered a material violation of the contract and the buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the buyer's will (exercise of the right from defective performance) occurs to the seller.
16. The Seller shall inform the buyer in writing of the outcome of the complaint.
17. The right to defective performance does not lie with the buyer if the buyer knew before taking over the goods that the case had a defect or if the buyer himself caused the defect.
18. In the event of a legitimate claim, the Buyer has the right to reimbursement of the costs incurred in connection with the claim. This right may be exercised by the buyer with the seller within one month after the expiry of the warranty period, otherwise the court does not have to grant it.
19. The buyer has a choice of method of complaint.
1. The Contracting Parties may deliver all written correspondence to each other by e-mail.
2. The Buyer delivers correspondence to the Seller at the e-mail address specified in these Terms and Conditions. The Seller delivers correspondence to the buyer at the email address specified in his customer account or order.
1. All information you provide in our cooperation is confidential and we will treat it accordingly. If you do not give us your written consent to do so, we will not use the data about you other than for the purpose of performance of the contract, except for the email address to which commercial communications may be sent to you, as this procedure is allowed by law if you do not reject it. These notices may relate only to similar or related goods and may be logged out at any time in a simple manner (by sending a letter, e-mail or by clicking on a link in the commercial notice). For this purpose, the e-mail address will be kept for a period of 3 years from the conclusion of the last contract between the parties.
X.Out-of-court dispute resolution
1. The Slovak Trade Inspection, with its registered office at P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, internet address: https://www.soi.sk/sk. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used in resolving disputes between the seller and the buyer from the purchase contract.
2. European Consumer Centre Slovak Republic, with its registered office at Mlynské nivy 44/A 827 15, Bratislava 212 Slovak Republic, internet address: http://www.evropskyspotrebitel.sk is the point of contact under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and supplements Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on the settlement of consumer disputes online).
3. The seller is entitled to sell the goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade office. The Slovak Trade Inspection performs, to the extent defined, inter alia, supervision of compliance with the Consumer Protection Act and the Act on Consumer Protection in Distance Sales.
1. All agreements between the seller and the buyer are governed by the law of the Slovak Republic. If the relationship established by the purchase contract contains an international element, then the parties negotiate that the relationship is governed by the law of the Slovak Republic. This is without prejudice to consumer rights under generally binding legislation.
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 Act on consumer protection in distance sales.
3. All rights in the Seller's website, in particular copyright in the content, including page layout, photos, films, graphics, trademarks, logo and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the Website or part thereof without the seller's consent.
4. The Seller shall not be liable for defects resulting from third party interference with the online store or as a result of its use contrary to its intended purpose. The Buyer shall not use procedures which could have a negative impact on its operation when using the online store and shall not engage in any activity which might enable him or third parties to unduly interfere with, or improperly use, software or other components constituting an online store and to use an online store or parts thereof or software in such a way as to be contrary to its intended or purpose.
5. The purchase contract, including the Terms and Conditions, is archived by the seller in electronic form and is not accessible.
6. The wording of the Terms and Conditions may be amended or supplemented by the Seller. This provision shall be without prejudice to rights and obligations arising during the period of validity of the preceding version of the Terms and Conditions.
7. The terms and conditions shall be annexed to the standard withdrawal form.
These Terms and Conditions enter into force on 15.1.2021.