1. Terms and Conditions
These commercial terms and claim conditions shall be governed by the laws of the contracting parties arising out of the purchase contract concluded between the seller, i. e. Kvety.sk, Ltd., located in Kriváň 351, 962 04 Kriváň, Registration No.: 36641715, Tax ID: 2022068829, VAT ID: SK2022068829, registered in the Business Register of the District Court in Banská Bystrica, Section: Sro, Insert No. 10851/S Coll. (hereinafter the “Seller”) and the buyer (hereinafter the “Buyer”), the purpose of which is to buy and sell the goods on the Seller’s e-commerce website.
Contact details of the Seller:
Kvety.sk s.r.o., located in Kriváň 351, 962 04 Kriváň,
Registration No.: 36641715 registered in the Business Register of the District Court in Banská Bystrica, Section: Sro, Insert No. 10851/S Coll.
Tax ID: 2022068829
VAT ID: SK2022068829
Phone: +421(0)45 5249236
E-mail: info@kvety.sk
Supervisory authority:
Slovak Trade Inspection (STI)
STI Inspectorate for the region of Banská Bystrica Dolná 46, 974 01 Banská Bystrica 1
Department of Technical Product Control and Consumer Protection and the Legal Department
Phone: 048/412 49 69, 048/415 18 71, Fax: 048/4124 693,
E-mail: bb@soi.sk
http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
1.1
These Terms and Conditions, as in effect on the date of the purchase contract, are an integral part of the purchase contract. In the event that the Seller and Buyer enter into a written purchase contract with conditions contrary to these Terms and Conditions, the provisions of the purchase contract will be preferable to these Terms and Conditions. Such agreed Terms and Conditions must not conflict with other legal regulations (shorter return time of goods, warranty period, etc.).
1.2
Supplementary contract for the purposes of these Terms and Conditions is a contract whereby the Buyer acquires the goods or is provided with a service related to the subject of the purchase contract, when the goods are delivered or the service is provided by the Seller or a third party by virtue of their agreement.
1.3
The displayed Purchase Price for the goods on any e-commerce website operated by the Seller also includes value added tax at the amount determined by applicable legal regulations of the Slovak Republic and does not include the price for the transportation of goods or other optional services. All promotions are valid while stocks last, unless stated otherwise.
1.4
The Seller reserves the right to adjust the price of the goods on his or her e-commerce website at any time. The change in the price of the goods does not apply to purchase contracts concluded before the price change, regardless of the delivery status of the goods.
1.5
Should the Seller fail to comply with his obligations under the applicable laws of the Slovak Republic or the European Communion or under these Terms and Conditions, the Buyer may exercise his right against the Seller through the competent court.
2. The method of concluding a purchase contract
2.1
The proposal for the conclusion of the purchase contract is sent by the Buyer to the Seller in the form of a completed and sent registration and order forms on the Seller’s website. The subject of the proposal is the transfer of the ownership right to the goods indicated by the Buyer for the Purchase Price and under the terms stated in this order (hereinafter the “Order”).
2.2
After the Order is submitted, the Buyer will automatically receive a notification of Order delivery to the Seller’s electronic system. If necessary, any further information in regards to the Order may be sent to the Buyer’s e-mail address.
2.3
The delivery confirmation contains information about Order delivery to the Seller. This, however, does not mean that the proposal to conclude a purchase contract has been accepted.
2.4
Consequently, the Seller will send information to the Buyer’s e-mail address indicating whether the Buyer’s Order has been accepted (hereinafter the “Order Acceptance”). The Order Acceptance contains information about the name and specifications of the goods, the sale of which is the subject of the purchase contract, information about the price of the goods and/or other services, information about the expected delivery time of the goods, the name and place of delivery and information about eventual price, conditions, method and the time of transportation to the place of delivery agreed with the Buyer, information about the Seller (business name, registered office, registration number, entry number in the Business Register, etc.) and other necessary data.
2.5
The purchase contract is concluded with the delivery of the Order Acceptance to the Buyer in electronic or written forms.
2.6
In clear, unambiguous, comprehensible and indisputable manner, the Seller has informed the Buyer before submitting the order about pre-contractual details regarding the claim, payment, commercial, transportation and other conditions, so as to inform:
a.
on the relevant e-commerce catalog webpage of the Seller about the main characteristics of the goods or the nature of the service within the scope of the appropriately used means of communication and goods or services,
b.
about the Seller’s business name and registered business office on the relevant sub-page of the Seller’s e-commerce site and in § 1 of these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page,
c.
about the Seller’s telephone number and other data important for the Buyer’s contact with the Seller, in particular his or her e-mail address and the fax number, if available, on the Seller’s relevant e-commerce sub-page and in § 1 of these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page,
d.
in § 1 of these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page about the Seller’s address where the Buyer can make goods or service claim, file a complaint or submit other suggestion,
e.
on the relevant e-commerce catalog web page of the Seller about the total price of the goods or services, including value added tax and all other taxes, or if, due to the nature of the goods or services, the price cannot be reasonably determined in advance, about the manner in which it is calculated and about the cost of transportation, delivery, postage and other costs and charges, or if such costs and charges cannot be determined in advance about the fact that the purchaser will have to pay for them,
f.
in the relevant articles of these Terms and Conditions, which are placed on the respective e-commerce sub-page of the Seller, about the payment terms, the delivery terms, about the Time Limit within which the Seller undertakes to deliver the goods or provide a service, about the procedures for the application and handling complaints, claims and suggestions of the Buyer,
g.
in § 10 of these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page, about the Buyer’s right to withdraw from the purchase contract, about conditions, the Time Limit and the procedure for exercising the right to withdraw from the contract,
h.
about the provision of the withdrawal form from the purchase contract in § 10 and in the Appendix to these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page; the Seller also provided the withdrawal form itself in the appendix to these Terms and Conditions, which are placed on the relevant e-commerce sub-page of the Seller,
i.
in § 10 of these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page, that after the withdrawal from the purchase contract, the Buyer will bear the cost of returning the goods to the Seller under Art. 10 § 3 of Act No. 102/2014 Coll. on consumer protection in the sale of goods or services on the basis of a distance contract or a contract concluded outside the premises of the Seller and amending certain laws (hereinafter the “Consumer Protection Act on Distance Selling”), as well as the cost of returning the goods which, considering its nature, cannot be returned via mail,
j.
in § 10 of these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page, about the Buyer’s obligation to pay the Seller the price for the actually provided transaction under Art. 10 § 5 of the Consumer Protection Act on Distance Selling if the Buyer withdraws from the service contract after having given the Seller an explicit consent under Art. 4 § 6 of the Consumer Protection Act on Distance Selling,
k.
in § 10 of these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page, about the circumstances in which the Buyer loses the right to withdraw from the contract,
l.
in § 8 of these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page, about instructions on the Seller’s liability for defects in goods or services under Art. 622 and 623 of the Civil Code,
m.
in § 9 of these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page, about the existence and details of the warranty provided by the producer or Seller in accordance with the stricter rules given in Art. 502 of the Civil Code, if it is provided by the producer or Seller, as well as about the existence and conditions of assistance and services provided to the Buyer after the sale of the goods or services, if such assistance is provided,
n.
about the existence of appropriate codes of conduct that the Seller has committed to adhere to, and the manner in which the Buyer can get acquainted with, or obtain the wording of, on the Seller’s e-commerce catalog webpage,
o.
on the Seller’s e-commerce catalog webpage and in these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page, about the duration of the contract in the case of a fixed-term contract; in the case of a contract concluded for an indefinite period or, in the case of a automatically renewable contract, about the terms of termination of the contract,
p.
on the Seller’s e-commerce catalog webpage and in these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page, about the minimum duration of the Buyer’s obligations under the purchase contract if the Buyer has such a commitment,
q.
on the Seller’s e-commerce catalog webpage and in these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page, about the Buyer’s obligation to pay an advance or to provide a different financial guarantee at the Seller’s request and about the related terms if the Buyer has such a commitment from the purchase contract,
r.
on the Seller’s e-commerce catalog webpage and in these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page, about the functionality, including applicable technical safeguards to secure electronic content, if applicable,
s.
on the Seller’s e-commerce catalog webpage and in these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page, about the compatibility of electronic content with hardware and software that the vendor knows or is reasonably expected to know, if applicable,
t.
on the Seller’s e-commerce catalog webpage and in these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page, about the possibility and the Terms and Conditions for out-of-court settlement of disputes through an alternative dispute resolution system, if the Seller has committed to using the system,
u.
about the actions necessary to conclude the purchase contract by describing these necessary actions in these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page,
v.
on the Seller’s e-commerce catalog webpage and in these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page that the purchase contract will be stored electronically at the Seller and is available to the Buyer after having it requested in writing,
w.
on the Seller’s e-commerce catalog webpage and in these Terms and Conditions, which are placed on the Seller’s e-commerce sub-page that the language offered for the conclusion of the contract is the Slovak language.
2.7
If the Seller has not fulfilled the obligation to inform about charging additional fees or other costs under § 2.6 e) of these Terms and Conditions or about the cost of return of goods as set out in § 2.6 i) of these Terms and Conditions, the Buyer is not obliged to pay these additional costs or fees.
3. Seller’s rights and obligations
3.1
The Seller is required to:
a.
deliver to the Buyer the goods in the agreed quantity, quality and timeframe and pack or equip it for transport in the manner necessary for its preservation and protection, on the basis of an order confirmed by acceptance,
b.
ensure that the delivered goods comply with the applicable Slovak legislation,
c.
immediately after the conclusion of the purchase contract, but at the latest with the delivery of the goods, provide the Buyer with a confirmation of the conclusion of the purchase contract on a durable medium, for example by means of an e-mail. The acknowledgment must contain all the information stated in § 2.6 including the withdrawal form from the purchase contract.
d.
to submit all documents necessary for the receipt and use of the goods and other documents prescribed by the relevant Slovak legislation (manuals in Slovak language, warranty certificate, delivery note, tax document) no later than at the moment of the receipt of the delivery of the goods in written or electronic form.
3.2
The Seller has the right to a proper and timely payment of the Purchase Price from the Buyer for the delivered goods.
3.3
If the Seller due to the sale of the stock or the unavailability of the goods is unable to deliver the goods to the Buyer for a period stipulated in the purchase contract or determined by these Terms and Conditions or for an agreed Purchase Price, the Seller is obliged to offer to the Buyer a substitute fulfillment or an option to withdraw from the purchase contract (cancel order). The Buyer may withdraw from a purchase contract or cancel an order by delivering an e-mail to the Seller. If the Buyer has already paid the Purchase Price or part thereof, the Seller will refund the Purchase Price already paid or part thereof to the Buyer on a designated account within 14 days from the date of delivery of the e-mail about the withdrawal from the purchase contract or cancellation of the order, unless the parties agree otherwise. If the Buyer does not respond to the Seller’s proposed substitute fulfillment within a reasonable period or withdraws from the purchase contract, the Seller is entitled to perform the substitute fulfillment or to withdraw from the purchase contract. In case of withdrawal from the purchase contract and if the Buyer has already paid the Purchase Price or part thereof, the Seller is obliged to refund the Purchase Price already paid or part thereof to the Buyer within 14 days from the date of delivery of the withdrawal from the purchase contract.
4. Buyer’s rights and obligations
4.1
The Buyer has been informed by the Seller that part of the Order is the obligation to pay the price.
4.2
The Buyer is required to:
a.
verily fill in the registration and order form,
b.
ensure receipt of ordered and delivered goods,
c.
pay the Seller the agreed Purchase Price within the agreed maturity period, including the cost of delivery of the goods,
d.
confirm in the delivery note the receipt of the goods with his or her signature or the authorized person’s signature.
4.3
The Buyer has the right to deliver the goods in the quantity, quality, Time Limit and Place agreed by the parties.
5. Delivery and payment terms
5.1
The usual availability of goods is given for each item on the e-commerce website.
5.2
The Seller is obliged to deliver the merchandise to the Buyer within the Time Limit of the Buyer’s choice from the options listed in the order form. If, due to the Seller’s fault, the obligation has not been fulfilled, the item is delivered within the Time Limit according to the first sentence; the Buyer is entitled to the item delivery in the shortest possible time, of which the Buyer is informed by the Seller. The Buyer is entitled to the refund of transport costs or transport surcharges. If the Seller does not deliver the item within this additional period, the Buyer is entitled to withdraw from the purchase contract.
5.3
Colours of displayed products may not exactly match the colours actually perceived by the Buyer. The display of color shades depends, among other factors, on the quality of the screen used.
5.4
The Buyer is obliged to ensure receipt of goods at the place agreed by the Seller and Buyer in the purchase contract or otherwise at the time before delivering goods (hereinafter “Place”). The Buyer is obliged to ensure receipt of goods within the Time Limit agreed by the Seller and Buyer in the purchase contract or otherwise at the time before delivering goods (hereinafter “Time Limit”).
5.5
If the Seller delivers the goods to the Buyer at the Place and within the Time Limit, the Buyer is obliged to ensure that the goods are received by the person indicated in the purchase contract (hereinafter the “Addressee”) or in person and the delivery protocol is signed. The Seller is entitled to check the identity document of the person receiving the goods. The goods are considered delivered and received when they are delivered to the Addressee. Delivery of the goodits to the Buyer means delivery of the goods to the Place, its receipt by the Addressee or a third person authorized by the Addressee and submitting of the goods to the Addressee or a third party authorized by the Addressee.
5.6
If the delivery of the goods is impossible due to the absence of the Addressee at the Place and within the Time Limit without prior written withdrawal from the purchase contract, the Seller will be entitled to consider the goods delivered to the Addressee, without the Buyer being entitled to a refund of the paid Purchase Price.
5.7
The Addressee is obliged to check the packaging of the shipment immediately after delivery in the presence of the Seller’s representative. In the case of the existence of a defect in the packaging, the Seller’s representative is obliged to allow the Buyer to make a record of the extent and nature of the defects of the packaging and the goods, the accuracy of which is confirmed by the Seller’s representative. On the basis of such a written record delivered to the Seller, the Buyer may subsequently refuse to accept the delivery of the defective goods or confirm the delivery of the defective goods and subsequently, under the § 8 of these Terms and Conditions to claim a defect at the Seller. If the Addressee refuses to accept the delivery of the defective goods, all expeditiously incurred costs of returning the goods to the Seller are borne by the Seller.
5.8
In the event of non-delivery of the goods by the Seller within the time specified in § 5.2 of these Terms and Conditions, the Buyer is entitled to withdraw from the purchase contract and the Seller is obliged to return to the Buyer the part of the Purchase Price already paid within 14 days of the delivery of the withdrawal from the purchase contract in the same manner as the payment for the goods had been made, unless the Buyer and the Seller have agreed otherwise.
6. Purchase price
6.1
The Purchase Price for the goods agreed in the purchase contract between the Seller and the Buyer is stated in the Order Acceptance (hereinafter the “Purchase Price”). If the Purchase Price stated on the order receipt exceeds the price for identical goods stated in the e-commerce offer at the time of sending the order to the Buyer, the Seller will deliver an electronic message to the Buyer with information about the offer of the new Purchase Price at a different amount considered to be the Seller’s proposal to make a new purchase contract, which must be explicitly confirmed by the Buyer by e-mail or in writing, so that a valid purchase contract can be concluded.
6.2
The Buyer is obliged to pay the Seller the Purchase Price, including the costs of delivering the goods in cash or by payment card upon personal receipt of the goods or by cashless transfer to the Seller’s account mentioned in the acceptance of the order or on the Seller’s website at the time before the goods are received – more information here.
6.3
If the Buyer pays the Seller the Purchase Price by cashless transfer, the date of payment is the date on which the entire Purchase Price was credited to the Seller’s account.
6.4
The Buyer is obliged to pay the Seller the Purchase Price for the agreed goods within the Time Limit of the purchase contract, but not later than one working day before the agreed delivery time or the day when the goods are picked up personally at the Seller’s premises.
6.5
If the Buyer does not pay the Seller the entire Purchase Price within the Time Limit stated in § 6.4, the Seller is entitled to deny delivery of goods the to the Buyer.
6.6
The delivery is done up to the first lockable doors and the costs associated with the discharging of goods are not included in the Purchase Price and the Seller is not obliged to provide these services to the Buyer.
7. Acquisition of ownership and transfer of the danger of damage to the goods
7.1
Acceptance of the goods at the agreed place passes title to the goods to the Buyer. The Buyer who does not meet the definition of consumer given in the Art. 2 a) of the Act No. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended (hereinafter the “Act”), shall only be entitled to the goods after the purchase price for the goods has been paid in full.
7.2
The risk of damage to the goods passes to the Buyer at a time when the Addressee or a third person authorized by the Addressee receives the goods from the Seller or his agent charged with delivering the goods or, when he does not do so in time, at the time the Seller allows the Addressee to handle the goods and the Addressee does not receive the goods.
8. Claim policy (liability for defects, warranty, complaints)
8.1
If there is a defect in the goods that can be removed, the Buyer has the right to have the defect removed free of charge, in a timely and proper manner. The Seller is required to remove the defect without undue delay.
8.2
The Buyer may request replacement of the goods instead of removing the defect, or if the defect relates only to parts of the goods, the replacement of the component, if this does not cause disproportionate expense to the Seller in relation to the price of the goods or the seriousness of the defect.
8.3
The Seller may always replace the defective goods with flawless goods if it does not cause the Buyer serious difficulties.
8.4
In the case of a defect of goods that cannot be eliminated and which prevents the goods from being properly used as non-defective, the Buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The same rights apply to the Buyer even if the defects can be removed, but the goods cannot be properly utilized for recurring defects after repair or for a large number of defects.
8.5
In the case of other non-removable defects, the Buyer has the right to a reasonable discount on the price of the goods.
8.6
The Seller has instructed the Buyer about his rights resulting from Art. 622 of the Civil Code (§§ 8.1 to 8.3 of these Terms and Conditions) and the rights resulting from Art. 623 of the Civil Code (§§ 8.4 to 8.5 of these Terms and Conditions) by placing these Terms and Conditions on the Seller’s relevant e-commerce sub-page, and the Buyer had the opportunity to read them before the order was dispatched.
8.7
The Seller is liable for defects in the goods in accordance with the valid regulations of the Slovak Republic and the Buyer is obliged to make a claim to the Seller by calling +421 (0) 455249233 or by e-mail at reklamacie@kvety.sk.
8.8
In order to claim the goods for short-term use under the 5-day warranty provided by Kvety.sk from the date of delivery of the goods (products from live, cut flowers), it is necessary to file a complaint immediately after delivery of the goods to the Addressee within 10 days from the date of delivery of the goods to the Addressee.
8.9
Complaints handling is subject to the Seller’s valid claim policy, i.e. § 8 of these Terms and Conditions. The Buyer was properly informed of the claim policy and informed of the terms and manner of claiming the goods, including the data on where the claim can be applied in accordance with the Art. 18 § 1 of the Act No. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended at the time before the conclusion of the purchase contract by placing these Terms and Conditions on the Seller’s relevant e-commerce sub-page, and the Buyer had the opportunity to read them before the order was dispatched.
8.10
The claim policy applies to the goods purchased by the Buyer from the Seller in the form of an e-commerce on the Seller’s e-commerce website.
8.11
The Buyer has the right to claim the Seller’s liability for the defect regarding only the defective goods for which the producer, the supplier or the Seller are responsible, it is covered by the warranty and has been purchased from the Seller.
8.12
If the goods are defective, the Buyer has the right to make a claim at the Seller’s head office in accordance with Art. 18 § 2 of the Act by delivering the goods to the Seller’s head office along with the expression of the Buyer’s will to exercise his right under §§ 8.1 to 8.5 of these Terms and Conditions (hereinafter the “Claim Notice”), in the form of a completed claim form, which is placed on the Seller’s e-commerce sub-page. The Seller advises the claimed goods to be insured before they are sent. The Seller does not accept goods sent by mail order. The Buyer in his or her Claim Notice is obliged to truthfully provide all the required information, in particular to accurately identify the type and extent of the defect of the goods; the Buyer shall also indicate the application of his or her rights under Art. 622 and 633 of the Civil Code.
8.13
The claim procedure concerning the goods which may be delivered to the Seller shall begin on the date on which all the following conditions are cumulatively met:
a.
delivery of the Claim Notice to the Seller,
b.
delivery of the goods from the Addressee to the Seller.
8.14
If the goods are subject to a claim under § 8.8 of these Terms and Conditions, the Buyer, in addition to complying with the condition under § 8.12 a) of these Terms and Conditions, is obligated to provide the Seller with a photo documentation of the claimed goods, which documents the type and extent of the defect of the goods. The claim procedure relating to the goods under § 8.8 of these Terms and Conditions begins on the day of delivery of the photo documentation of the claimed goods.
8.15
The Seller shall issue to the Buyer an acknowledgment of his or her claim in the appropriate form chosen by the Seller, in the form of a letter or a written form in which he is obliged to accurately identify the defects of the claimed goods and repeatedly informs the consumer about his rights under §§ 8.1 to 8.3 of these Terms and Conditions (Art. 622 of the Civil Code) and the rights resulting from §§ 8.4 to 8.5 of these Terms and Conditions (Art. 623 of the Civil Code). If a claim is made by means of long distance communication, the Seller is required to deliver the claim acknowledgement to the Buyer immediately, and if it cannot be delivered immediately, it must be delivered without undue delay, but at the latest together with the proof of claim receipt; the claim acknowledgment does not have to be delivered if the Buyer has the opportunity to prove the claim in another way.
8.16
The Buyer is entitled to decide which of his or her rights under Art. 622 and 623 of the Civil Code shall be applied and at the same time he or she is obliged to immediately inform the Seller about his or her decision. On the basis of a Buyer’s decision, which of his or her rights under Art. 622 and 623 of the Civil Code shall be applied, the Seller or the designated person is obliged to determine the method of settling the claim according to Art. 2 m) of the Act immediately, in more complex cases within 3 days from the beginning of the claim procedure, in justified cases, especially if a complex technical evaluation of the condition of the goods is required, within 30 days from the beginning of the claim procedure. After determining the method of settling the claim, the Seller or designated person will settle the claim immediately, in justified cases, the claim can be settled later. However, the claim settlement may not take longer than 30 days from the date of the claim. After the unavailing expiration of the deadline for the claim settlement, the consumer has the right to withdraw from the contract or has the right to have the goods exchanged for new ones.
8.17
The Seller reserves the right to replace defective goods for other flawless goods with identical or improved technical parameters if the Buyer does not raise serious objections.
8.18
The Seller is not responsible for defects in goods:
a.
in the case of a clear defect which the Buyer could have identified by checking the consignment on delivery of the goods and failed to notify the Seller’s representative in accordance with § 5.8 of these Terms and Conditions,
b.
if the Buyer has not exercised his right regarding Seller’s liability for defect of goods under § 8.8 within 10 days from the date of delivery of the goods to the Addressee,
c.
if the defect is a mechanical damage to the goods caused by the Buyer,
d.
if the defect of goods arises from the use of the goods under conditions which do not correspond to their natural environment, its intensity, humidity, chemical and mechanical effects,
e.
if the defect is caused by improper handling, service or neglect of the care of the goods,
f.
if the defect of the goods arises from damage to the goods by overloading or use in contravention of the conditions specified in the documentation or general principles of the customary use of the goods,
g.
if the defect is caused by damage to the goods by irreversible and/or unforeseeable events,
h.
if the defect is caused by damage to the goods by accidental destruction and accidental deterioration,
i.
if the defect is caused by unprofessional interference, damage by water, fire, static or atmospheric electricity, or any other act of force majeure,
j.
if the defect of the goods is caused by the intervention of an unauthorized person.
8.19
The Seller is obliged to settle the claim and complete the claim procedure in one of the following methods:
a.
by submitting repaired goods,
b.
by replacing goods,
c.
by returning the Purchase Price of the goods,
d.
by paying an appropriate discount on the price of the goods,
e.
by a written request to accept the Seller’s specified fulfilment,
f.
by a justified rejection of the claim.
8.20
The Seller shall inform the Buyer immediately after completion of the claim about its outcome by telephone or e-mail, and shall, together with the goods or by e-mail, send him a proof of claim receipt.
8.21
The warranty period is 24 months from the date of delivery of the goods unless stated otherwise for specific cases. Food items included in gift baskets have a minimum shelf-life of more than 2 weeks before the date of consumption; in case of shorter expiration times, the Seller contacts the Buyer by phone or e-mail and the shipment is sent only with the consent of the Buyer.
8.22
The warranty period shall be extended for a period during which the Buyer could not use the goods due to the warranty repair of the goods.
8.23
In the event of a replacement of the goods for new ones, the Buyer shall receive a document containing the information about the replacement of the goods and any further claims shall be applied on the basis of the purchase contract and this claim document. In the case of replacement of goods for new ones, the warranty period will begin again from the receipt of new goods, but only for new goods.
8.24
With respect to a removable defect, the claim will be settled depending on the Buyer’s decision under § 8.16 of these Terms and Conditions in the following manner:
a.
the Seller will ensure the removal of defects, or
b.
the Seller will replace the defective goods.
8.25
If the defect is removable and the Buyer, in accordance with § 8.16 of these Terms and Conditions, shall not promptly determine how the claim is to be settled, the Seller will settle the claim by removing the defect.
8.26
If the defect is non-removable or recurring or there are multiple removable defects that prevent the goods from being used properly and flawlessly, the Seller shall settle the claim depending on the Buyer’s decision according to § 8.16 of these Terms and Conditions as follows:
a.
by replacing goods for other functional goods of equal or better technical parameters, or
b.
by returning the Purchase Price for the goods, if they cannot be replaced.
8.27
The claim settlement covers only the defects listed in the Claim Notice and the proof of claim receipt according to § 8.15 of these Terms and Conditions.
8.28
For the claim purposes, an occurrence of a removable defect more than two times is considered a multiple removable defect.
8.29
For the claim purposes, an occurrence of more than three different removable defects are considered a number of different removable defects.
8.30
The Buyer’s right to make a defect claim after he has exercised his or her right and has requested the Seller to remove the defect of the goods in accordance with § 8.1 of these Terms and Conditions, irrespective of the outcome of the claim, is no longer entitled to claim repeatedly the same unique defect (not a defect of the same kind).
8.31
If the Buyer claims the goods during the first 12 months from the conclusion of the purchase contract, the Seller can only reject a complaint based on expert judgment or opinion issued by an authorized, notified or accredited person or opinion of the designated person (hereinafter the “Professional Assessment”). Irrespective of the outcome of Professional Assessment, the Seller may not require the Buyer to cover the costs of Professional Assessment of the goods or other costs related to the Professional Assessment of goods.
8.32
If the Buyer claims the product after 12 months from the conclusion of the purchase contract and the Seller has rejected it, he is required to state in the proof of claim receipt to whom the Buyer can send the goods for the Professional Assessment. If the Buyer sends the goods for the Professional Assessment to the designated person stated in the proof of claim receipt, the costs of the Professional Assessment of goods as well as all other related expenses incurred shall be borne by the Seller irrespective of the outcome of the Professional Assessment. If the Buyer, by Professional Assessment, demonstrates the Seller's liability for the claimed product defect, he may resubmit the claim; the warranty period does not expire during the performance of the Professional Assessment. The Seller is obliged to reimburse the Buyer within 14 days of the day of the resubmitted claim all costs incurred in the professional assessment of the goods as well as all the related reasonably incurred costs. The resubmitted claim cannot be denied.
8.33
If the consumer is not satisfied with the way the Seller handled his or her claim or if he or she considers that the Seller has violated his or her rights, the consumer has the possibility to contact the Seller with a request for redress. If the Seller rejects the request for redress or fails to respond to it within 30 days from the date of its dispatch, the consumer has the right to make a proposal to begin an alternative solution to his dispute under Art. 12 of the Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment of some acts.
The relevant entity for alternative dispute resolution with the Seller Kvety.sk, Ltd., Kriváň 351, 962 04 Kriváň is the Slovak Trade Inspection, Prievozská 32, 827 99 Bratislava 27, www.soi.sk or other authorized legal person registered in the list of alternative dispute resolution entities managed by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk); the consumer has the right to choose which of those alternative dispute resolution entities to address.
To make a proposal for an alternative dispute resolution, the consumer may use the Online Dispute Resolution platform available at https://ec.europa.eu/consumers/odr/.
8.34
Provisions of § 8 of these Terms and Conditions expressly do not apply to entities not complying with the definition of consumer as set forth in the Art. 2 a) of the Act.
9. Personal data processing
9.1
The parties agree that the Buyer, if he is a natural person, is obliged to notify the Seller in the order of his or her name and surname, permanent address, including postal code, telephone number and e-mail address, the Addressee’s name, surname, telephone number and the place of delivery.
9.2
The parties agree that the Buyer, if he is a legal person, is obliged to notify the Seller in the order of his or her business name, address of the registered office, including postal code, Tax ID, VAT ID if assigned, telephone number and e-mail address, name and surname of the Addressee, telephone number and the place of delivery.
9.3
The Buyer can review and change the personal data provided at any time, as well as cancel his or her registration after signing in to the e-commerce website under “My Account/Personal Data”.
9.4
The Seller hereby notifies the Buyer that, in accordance with Art. 6 § 1 b) of the Regulation No. 2016/679 of the European Parliament and of the European Council issued on April 27th 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/ES (hereinafter the “Regulation”), the Seller as a processor will, in the course of concluding a purchase contract, process the personal data of the Buyer without the data subject’s consent, since the processing of the Buyer’s personal data will be performed by the Seller in pre-contractual relationships with the Buyer and the processing of the Buyer’s personal data is necessary for transaction of a purchase contract in which the Buyer acts as one of the parties.
9.5
In accordance with Art. 6 § 1 f) of the Regulation, the Seller may, upon delivery of the ordered goods or services respectively to the Buyer, based on the legitimate interest of the Buyer, process the Buyer's personal data for the purposes of direct marketing, and send to his or her email address information about new products, discounts and sales on the goods or services respectively.
9.6
The Seller commits to treat and store the Buyer’s personal data in accordance with applicable Slovak legislation.
9.7
The Seller declares that, in accordance with Art. 5 § 1 a) and b) of the Regulation, the personal data will be obtained solely for the purpose defined in these Terms and Conditions.
9.8
The Seller declares that, for purposes other than those stated in these Terms and Conditions, the Buyer's personal data will be always acquired individually on an appropriate legal basis, while ensuring that such personal data is processed and used solely in the manner adequate to the purpose for which they were collected and that it will not be combined with personal data obtained for another purpose or for the purpose of fulfilling the purchase agreement.
9.9
By marking the checkbox before sending the order, the Buyer will be prompted to confirm that the Seller has communicated to him or her in a sufficient, comprehensible and unmistakable manner:
a.
his or her identification data listed in § 1 of these Terms and Conditions,
b.
contact details of the Seller or of the Seller's representative,
c.
the purpose of personal data processing which is the conclusion of a purchase contract between the Seller and the Buyer, and the legal basis of personal data processing,
d.
that the Buyer is obliged to provide personal data required for the purpose of concluding the purchase contract and the proper processing and delivery of the order,
e.
that, if the processing is based on Art. 6 § 1 f) of the Regulation, the legitimate interest of the seller is a direct marketing,
f.
identification data of a third party, which is the company that delivers ordered goods to the Buyer, or the identification data of other recipients or categories of personal data recipients, if they exist,
g.
personal data preservation time and criteria for its determination.
9.10
The Seller declares that it will process personal data in accordance with good morals and will act in a way that does not conflict with, or circumvent, the Regulation or any other generally binding legal regulation.
9.11
The Seller, in accordance with the Regulation, shall provide the Buyer whose data is processed with the following information:
a.
identity and contact details of the Seller and, where applicable, of the Seller's representative,
b.
contact details of eventually responsible person,
c.
the processing purposes for which the personal data is intended, as well as the legal basis of the processing,
d.
if the processing is based on Art. 6 § 1 f), the legitimate interests pursued by the Seller or a third party,
e.
the circle of recipients or categories of personal data recipients, if they exist,
f.
in the relevant case, information that the Seller intends to transfer personal data to a third country or to an international organization,
g.
personal data preservation time and criteria for its determination.
h.
information on the existence of the right to request from the Seller access to his or her personal data and the right to correct or erase or restrict the processing or right to object to processing as well as data portability rights,
i.
the right to file a complaint with the supervisory authority,
j.
information on whether the provision of personal data is a legal or contractual requirement or a requirement necessary to conclude a contract, whether the Buyer is required to provide personal data, and the possible consequences of not providing such data,
k.
the existence of an automated decision making, including profiling;
The Buyer has the right to obtain from the Seller a copy of the personal data that is being processed and has the right to obtain all the above information. For any further copies requested by the Buyer, the Seller may charge a fee corresponding to the administrative cost of making a copy.
9.12
If the Buyer exercises his or her right under § 9.11 in writing or electronically and the content of his or her application implies that he or she exercises his or her right under § 9.11, the application shall be deemed to have been filed under this Regulation.
9.13
The Buyer has the right to object to the Seller's processing of his or her personal data which he or she assumes to be processed for direct marketing purposes, including profiling to the extent it is related to such direct marketing. If the buyer objects to such processing, the Seller terminates the processing of personal data for direct marketing purposes from the date of receipt of such an objection to the Seller, and the personal data of the Buyer concerned may and will no longer be processed for such purposes.
9.14
If the Buyer suspects that his or her personal data is being unduly processed, he or she may file a complaint with the Data Protection Office of the Slovak Republic. If the Buyer does not have the legal capacity in full, his or her rights may be exercised by a legal representative.
9.15
The Seller will take appropriate measures to provide the Buyer with all the information specified in § 9.11 in a concise, transparent, comprehensible and easily accessible form, clearly and simply formulated. The Seller shall provide the information electronically or in accordance with the Regulation by other means agreed upon with the Buyer.
9.16
Information on the measures taken at Buyer's request shall be provided by the Seller to the Buyer without undue delay, in any case within one month of receipt of the request.
9.17
The Seller hereby notifies the Buyer that, as a result of the performance of the contract when processing the Buyer's personal data, it is assumed that the Buyer's personal data will be provided and made available to the following third parties, or the circle of recipients:
a.
Slovenská pošta, a.s., with registered office at Partizánska cesta 9, 975 99 Banská Bystrica, Registration No.: 36631124, registered in the Business Register of the District Court of Banská Bystrica, Section Sa, Insert No. 803/S,
b.
DHL Expres Slovakia, Ltd. with registered office at Na pántoch 18, 83106 Bratislava, Registration No.: 47927682, registered in the Business Register of the District Court in Bratislava I, Section: Sro, Insert No. 100759/B,
c.
Direct Parcel Distribution SK, Ltd. with registered office at Technická 7, 82104 Bratislava, Registration No.: 35834498, registered in the Business Register of the District Court in Bratislava I, Section: Sro, Insert No. 26367/B,
d.
GLS General Logistics Systems Slovakia, Ltd. with registered office at Lieskovská cesta 13, 96221 Lieskovec, Registration No.: 36624942, registered in the Business Register of the District Court in Banská Bystrica, Section: Sro, Insert No. 9084/S.
e.
Slovak Parcel Service, Ltd. with registered office at Senecká cesta 1, 90028 Ivánka pri Dunaji, Registration No.: 31329217, registered in the Business Register of the District Court Bratislava I, Section Sro, Insert No. 3215/B.
10. Contract withdrawal
10.1
If the Seller cannot fulfill his obligations under the purchase contract because the goods is sold out, unavailable, or if the producer, importer or supplier of the goods agreed in the purchase contract has interrupted its production or made such major changes that rendered impossible the fulfillment of the Seller’s obligations under the purchase contract or for reasons of force majeure, or if despite all efforts that can be fairly demanded from him he is not able to deliver the goods to the customer within the time specified by these Terms and Conditions or at the price stated in the order, the Seller is obliged to immediately inform the Buyer and is also obliged to offer the Buyer a substitute transaction or an option to withdraw from the purchase contract (cancel the order). In the event that the Buyer withdraws from the purchase contract for the reasons stated in this clause of Terms and Conditions, the Seller is obliged to return to the Buyer the already paid advance for the goods agreed in the purchase contract within 14 days of the notice of withdrawal by transfer to the account specified by the Buyer.
10.2
The Buyer is entitled to withdraw from the purchase contract without giving any reason in accordance with the provisions of Art. 7 et seq. of Act No. 102/2014 Coll. on consumer protection in the case of distance selling (hereinafter the “Consumer Protection Act on Distance Selling”) within 14 days of receipt of the goods or from the day of the conclusion of a service contract or a contract for the provision of electronic content not supplied on a physical medium if the Seller has, in a timely and proper manner, fulfilled the information obligations under the Art. 3 of the Consumer Protection Act on Distance Selling.
10.3
Within this Time Limit, the Buyer has the right to unpack and test the goods in a manner similar to that normally used when buying in the brick-and-mortar store to the extent necessary to ascertain the nature, characteristics and functionality of the goods.
10.4
The withdrawal period begins on the day when the Buyer or a third party designated by him, with the exception of the carrier, receives all parts of the ordered goods or if
a.
the goods ordered by the Buyer in a single order are delivered separately, from the date of receipt of the goods delivered as the last,
b.
the delivered goods consists of several parts or pieces from the day of receipt of the last part or the last piece,
c.
on the basis of the contract, the goods is delivered repeatedly for a defined period, from the date of receipt of the first delivered goods.
10.5
The Buyer may also withdraw from the purchase contract, the subject of which is the purchase of goods, before the withdrawal period begins.
10.6
The Buyer’s withdrawal from the contract has to be done in writing in a manner that does not give rise to any doubts that the contract has been withdrawn, or in the form of another durable medium, or by using the form set out in the Appendix No. 1 of these Terms and Conditions. The withdrawal period shall be deemed to be maintained if the notice of withdrawal has been sent to the Seller no later than on the last day of the period under the Art. 7 § 1 of the Consumer Protection Act on Distance Selling.
10.7
Withdrawal from the purchase contract according to the preceding clause of these Terms and Conditions shall include the information required in the purchase contract withdrawal form set out in the Appendix No. 1 of these Terms and Conditions, in particular the details on the Buyer, the number and date of the order, exact specification of the goods, the method of returning the already accepted transaction, especially the account number and/or postal address of the Buyer.
10.8
If the Buyer withdraws from the purchase contract, any additional contract relating to the purchase contract from which the Buyer has withdrawn is also abolished from the outset. No expenses or other payments may be claimed from the Buyer in connection with the cancellation of a supplementary contract other than the reimbursement of the expenses and payments referred to in Art. 9 § 3, Art. 10 § 3 and 5 of the Consumer Protection Act on Distance Selling and service charges, where the subject of the contract is the provision of a service and the service has been provided in full.
10.9
The Buyer shall, without undue delay but no later than 14 days from the date of withdrawal from the purchase contract, send the goods back to the operator’s address or submit it to the Seller or a person authorized by the Seller to receive the goods. This does not apply if the Seller has suggested pick-up of the goods in person or through a person authorized by him. The Time Limit referred to in the first sentence of this clause of these Terms and Conditions shall be deemed to have been maintained if the goods was submitted for shipment on the last day of the Time Limit at the latest.
10.10
The Buyer is obliged to deliver the goods to the Seller entirely, including complete documentation, undamaged, if possible in original packaging and unused.
10.11
It is recommended to have the goods insured. The Seller does not accept goods sent by mail order. The Seller is obliged to return to the Buyer, without undue delay but no later than 14 days from the delivery date of the withdrawal notice, all payments received from the Buyer on the basis or in connection with the purchase contract, including the cost of transportation, delivery and postage, and other expenses and charges. The Seller is not obliged to return to the Buyer payments under these Terms and Conditions prior to delivery of the goods or until the Buyer declares the return of the goods back to the Seller unless the Seller suggests that the goods be picked up in person or through a person authorized by him.
10.12
The Buyer shall bear the cost of returning the goods to the Seller or person authorized by the Seller to receive the goods. This does not apply if the Seller has agreed to bear it himself or if he has not fulfilled the obligation under Art. 3 § 1 i) of the Consumer Protection Act on Distance Selling.
10.13
The Buyer is solely responsible for reducing the value of the goods resulting from such manipulation, which goes beyond what is necessary to ascertain the characteristics and functionality of the goods. The consumer is not liable for the reduced value of the goods if the Seller has not fulfilled the information obligation on the consumer right to withdraw from the contract pursuant to Art. 3 § 1 h) of the Consumer Protection Act on Distance Selling.
10.14
The Seller is obliged to return to the Buyer the Purchase Price for the goods in the same manner as the Buyer used for his payment unless the Buyer agrees to another way of refunding the payment without the Buyer being further charged in this respect.
10.15
In the event that the Buyer withdraws from the contract and delivers to the Seller the goods being used, damaged or incomplete, the Buyer undertakes to pay the Seller the value, which has decreased the value of the goods in real amount in accordance with the provisions of Art. 457 of the Civil Code. The Buyer is obliged to pay the Seller, within the meaning of this clause of Terms and Conditions, a maximum of the difference between the Purchase Price of the goods and the value of the goods at the time of withdrawal from the purchase contract.
10.16
In accordance with Art. 7 § 6 of the Consumer Protection Act on Distance Selling, the Buyer cannot withdraw from the contract, subject of which is:
a.
the sale of goods sealed in a protective package which is unsuitable for return for health or hygiene reasons and whose protective packaging has been violated after delivery (e.g. unwrapped desserts or scents),
b.
the sale of goods crafted according to the specific requirements of the consumer, tailor-made goods or goods specifically intended for a single consumer (bouquets of cut flowers, written dedication drafted by the Buyer or with a photograph supplied by the Buyer).
10.17
For a purchase contract having as its object the purchase of the goods referred to in paragraph 8.8 of these Terms and Conditions (live floral products), the Buyer may:
a.
withdraw from the purchase contract, if the goods was not produced, at least 24 hours before the time period chosen by the Buyer at the conclusion of the purchase contract,
b.
withdraw from the purchase contract, if the goods was produced partially, the Buyer is obliged to pay the costs incurred by the Seller for the production of goods up to a maximum of the Purchase Price of the goods,
c.
demand to stop delivery of goods that has been produced, the Buyer is obliged to pay the costs incurred by the Seller for the production of the goods and the delivery of 100% of the value of the goods and the transportation.
10.18
The provisions of § 10 of these Terms and Conditions explicitly do not apply to entities not complying with the consumer definition set forth in Art. 2 a) of the Act.
11. Final provisions
11.1
In the case where the purchase contract is concluded in writing, any change thereto must also be in writing.
11.2
The parties agree that communication between them will be in the form of e-mail messages.
11.3
Relations not covered by these Terms and Conditions will be governed by the following provisions of the Civil Code, the Law, Act No. 22/2004 Coll. on e-commerce and amending Act No. 128/2002 Coll. on state control of the internal market in consumer protection matters and on amendment of some acts by Act No. 284/2002 Coll. as subsequently amended and of Act No. 102/2014 Coll. on the Consumer Protection Act on Distance Selling.
11.4
These Terms and Conditions become effective for the Buyer by entering into a purchase contract. Before placing the order, the Buyer will be prompted to confirm, by marking the checkbox that he or she has acknowledged, read, understood and agreed with these Terms and Conditions.
11.5
The Seller reserves the right to unilaterally modify or supplement these Terms and Conditions. Any changes to these Terms and Conditions will take effect on the date of their publication on the website www.kvety.sk. Legal relationships resulting from the purchase contract are always governed by the Terms and Conditions effective at the time of the binding order.
11.6
These general Terms and Conditions shall enter into force on 01.08.2018.
11.7
© 1999-2018 Kvety.sk, s.r.o. All rights reserved. Any use of content, especially pictures or photographs, is without the written permission of Kvety.sk, Ltd. prohibited.