Business conditions
I. General provisions
II. Definition of terms
III. Method of closing purchase contract
1. These General Terms and Conditions apply to contractual relationships that arise between the seller and the buyer (natural or legal person) in accordance with Act no. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 on consumer protection and Act no. 102/2014 Coll. Act of March 25, 2014 on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on amendments to certain laws.
Contact details of the seller:
Wholesale:
Animal House, spol. s.r.o.
Jánošíková 246, 010 01 ŽILINA
IČO 52 334 775
DIČ 2121006074
IČ DPH SK2121006074
company registered in the commercial register of the district court of Žilina in the Sro section, in insert no. 58621/L
email: info@nutriscience-eu.com
animalhousesro@gmail.com
telephone: +421 902 669 635, +421 948 410 173
Retail:
NUTRISCIENCE-EU, s.r.o.
Veľká Okružná 1309/17
Žilina 010 01
IČO: 54 484 464
DIČ: 212 1708 391
company registered in the commercial register of the Žilina District Court in the Sro section, in insert no.: 79509/L
Supervisory authority:
Slovak Trade Inspection Žilina
Predmestská 71, P.O. Box B-89; 011 79 Žilina 1
telefón: +421 41 7 632 130, +421 41 7 632 139These general terms and conditions and the complaint procedure in the version valid on the day of concluding the purchase contract are an integral part of the purchase contract.
Selling company Animal House, spol.s.r.o., so sídlom Jánošíková 246, 010 01 Žilina, IČO 52 334 775, which, when concluding and fulfilling the purchase contract, acts within the scope of its business activity in its own name, on its own account, and which sells goods via electronic commerce.
Buyer: A natural person who purchases goods through the online store on the web domain www.nutriscience-eu.com and for whom these goods are not used for the performance of a job, profession or business.
Electronic store: the Seller's online store located on the domain www.nutriscience-eu.com
Goods: Goods offered through the Seller's e-shop. Order: The act of the buyer in connection with the electronic store, which expresses the will of the buyer to purchase goods in the electronic store in the form of a completed and sent form on the website of the seller www.nutriscience-eu.com, by which he sent a proposal to conclude a purchase contract, the subject of which is a payment transfer ownership right to the goods marked by the buyer for the purchase price and under the conditions specified in the order
Purchase price: The total price stated in the order, especially the price for the goods ordered by the buyer and stated in the order, including VAT. However, the displayed purchase price in the seller's catalog in the electronic store does not include the price for the transportation of goods or other optional services.
1. The proposal for the conclusion of the purchase contract is sent by the buyer to the seller in the form of a properly completed and sent order. The order is considered properly completed if it contains the following data: identification of the type and quantity of ordered goods or the type and scope of ordered service, first and last name, e-mail and telephone contact of the buyer, residential address, delivery address of the buyer. A properly completed order is also considered to be the order of a buyer who is registered on the e-commerce website.
2. Subsequently, after sending the order, the buyer will receive an automatically executed notification of order acceptance in the seller's electronic system to his e-mail address (hereinafter referred to as "confirmation of order acceptance"). If necessary, all additional information regarding the buyer's order can be sent to the buyer's e-mail address. In order to avoid mistakes, the seller verifies the validity and extent of the order, the method of payment and transport by phone or in another suitable way, and also confirms the delivery time and price.
3. The confirmation of receipt of the order contains data that the order has been delivered to the seller, but it is not an acceptance of the proposal to conclude a purchase contract.
4. The seller will then send information to the buyer's e-mail address about whether the buyer's order has been processed (hereinafter referred to as "processed order"). The processing of the order includes the buyer's contact information, the seller's contact information, information on the name, specification and quantity of the goods whose sale is the subject of the purchase contract, information on the price of the goods, the expected delivery time of the goods, information on the place where the goods are to be delivered and information on the price , conditions, method and date of delivery of the goods to the agreed place of delivery of the goods for the buyer.
5. The purchase contract is concluded upon delivery of the order processing in electronic form to the buyer.
6. Before sending the order, the seller informed the buyer in a clear, unequivocal, understandable and unmistakable way about pre-contractual information regarding claims, payment, business, transport and other conditions via the seller's website www.nutriscience-eu.com and especially the seller's online catalog located in e-commerce, general terms and conditions and the seller's complaint procedure published on the seller's website www.nutriscience-eu.com
7. If the seller has not fulfilled the obligation to provide information on the payment of additional fees or other costs on 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 adequately determined in advance, the way in which it is calculated, as also about the costs of transportation, delivery, postage and other costs and fees, or, if these costs and fees cannot be determined in advance, and about the information that if the buyer withdraws from the purchase contract, he will bear the costs associated with by returning the goods to the seller according to § 10 par. 3 of Act No. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws (hereinafter referred to as the "Consumer Protection in Distance Selling Act"), and if he withdraws from the purchase contract the costs of returning the goods, which due to their nature cannot be returned by post, the buyer is not obliged to pay these additional costs or fees.
IV. Rights and obligations of the seller
1. The seller is obliged to: a) based on the order confirmed by processing, deliver the goods to the buyer in the agreed quantity, quality and time and pack them or equip them for transport in a manner necessary for their preservation and protection, b) ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic, c) immediately after the conclusion of the purchase contract, but at the latest together 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 via email. The confirmation must contain all the information mentioned in point 2.6. including the form for withdrawing from the purchase contract. d) hand over to the buyer together with the goods in written or electronic form at the latest all the documents necessary for taking over and using the goods and other documents prescribed by the valid legal regulations of the Slovak Republic.
2. The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
3. If, due to sold-out stocks or the unavailability of the goods, the seller is unable to deliver the goods to the buyer within the period agreed in the purchase contract or determined by these terms and conditions of trade and complaints or for the agreed purchase price, the seller is obliged to offer the buyer a substitute performance or the possibility for the buyer to withdraw from the purchase contract (cancel order). The buyer can withdraw from the purchase contract or cancel the order by sending an e-mail. If the buyer has already paid the purchase price or part of it, the seller will return the already paid purchase price or part of it within 14 days from the date of delivery of the e-mail about withdrawal from the purchase contract or order cancellation to the buyer's designated bank account, unless the parties agree otherwise. In the event that the buyer does not accept the substitute performance offered by the seller within a reasonable period of time or withdraw from the purchase contract, the seller is entitled to withdraw from the purchase contract and in the event that the buyer has already paid the purchase price or part of it, the seller is obliged to return the already paid purchase price or part of it within 14 days from the date of delivery of withdrawals from the purchase contract to the buyer.
4. The seller is not responsible for the wrong dosage and the wrong way of administering Nutriscience supplements, which are purchased by the buyer in the online store www.nutriscience-eu.com and their possible subsequent negative impact on the animal's health. The buyer acknowledges that each animal reacts to certain components of nutritional supplements and vitamins differently, and any planned long-term administration of vitamins and nutritional supplements on his part is primarily subject to consultation with a veterinarian.
5. The seller reserves the right to change the sales prices published in the electronic store at any time, to cancel or introduce any price action. Changes are subsequently binding on all orders created from the moment of the change.
V. Rights and obligations of the buyer
1. The buyer was informed by the seller that part of the order is the obligation to pay the price.
2. The buyer is obliged to: a) take over the ordered and delivered goods, in the event that this does not happen, the buyer's obligation to the seller arises in the amount of postage and packaging, which the seller will apply and claim. The amount of postage and packaging depends on the specific order and is not subject to the postage discount. b) pay the seller the agreed purchase price within the agreed due date, including the costs of delivering the goods, c) confirm receipt of the goods with his signature or the signature of a person authorized by him
3. The buyer has the right to deliver the goods in the quantity, quality, date and place agreed by the contracting parties.
VI. Delivery and payment terms
1. The usual availability of goods is indicated for each item on the website of the electronic store. The seller displays information on the availability of goods on working days (available, unavailable) in the e-shop. However, this information may change and the seller does not guarantee the immediate availability of the offered goods. In certain cases, long-term outages may also occur with suppliers of certain goods or services, or their delivery is no longer possible at all. The actual availability of the goods will be confirmed for the buyer when the order is processed.
2. Unless the seller and the buyer have agreed otherwise in the purchase contract, the seller is obliged to deliver the item to the buyer without delay, no later than 30 days from the date of conclusion of the purchase contract. If the seller has not fulfilled his obligation to deliver the item within the deadline according to the first sentence, the buyer is entitled to withdraw from the contract.
3. The seller is entitled to invite the buyer to take over the goods even before the expiry of the deadline for the delivery of the goods agreed in the purchase contract.
4. The display of goods on any e-commerce website operated by the seller is only illustrative. The weight, dimensions and other data about the goods contained in the catalogs, prospectuses and other documents of the seller located on the website of the electronic store of the seller are given by the manufacturer and may differ from reality.
5. The buyer is obliged to take delivery of the goods at the place that is agreed by the seller or his representative, authorized to deliver the goods and the buyer in the purchase contract or in another way, at the time before the delivery of the goods (hereinafter referred to as the "Place"). The buyer is obliged to take over the goods within the time period agreed upon by the seller or transporter and the buyer in the purchase contract or in another way before the delivery of the goods (hereinafter referred to as the "Time Period").
6. In the event that the seller delivers the goods to the buyer at the place and within the time frame, the buyer is obliged to take over the goods in person or to ensure that the goods are taken over by a person whom he authorizes in case of his absence to take over the goods and to sign a protocol on payment of the purchase price and delivery and handover goods.. The goods are considered delivered and accepted at the moment of delivery of the goods to the buyer. Delivery of the goods to the buyer means the delivery of the goods to the Location, their acceptance by the buyer or a third party authorized by the buyer and the signing of the protocol on payment of the purchase price and delivery and handover of the goods by the buyer or a third party authorized by the buyer.
7. If it is necessary to repeat the delivery of the goods due to the absence of the buyer at the Place and in the Time Range, or in the event that the buyer, without prior written withdrawal from the purchase contract, does not take over the goods within 7 days after the end of the Time Range, the seller is entitled to claim compensation for the damage incurred in to the amount of the actual costs of an attempt to unsuccessfully deliver the goods to the Location.
8. The buyer is obliged to check the shipment, i.e. the goods as well as their packaging, immediately after delivery in the presence of the carrier. If the existence of a defect in the goods is discovered, the carrier is obliged to allow the buyer to make a record of the extent and nature of the defect in the goods, the correctness of which will be confirmed by the carrier. Based on the recorded record delivered to the seller in this way, the buyer can then refuse to accept the delivered goods with a defect or confirm the delivery of the goods with a defect and subsequently, in accordance with paragraph 8 of these general terms and conditions and the complaint procedure, apply for a claim for product defects with the seller or a designated person. In the event that the buyer refuses to accept the delivered goods with a defect, the seller shall bear all costs incurred for returning the goods to the seller.
9. In the event that the seller does not deliver the goods within the period specified in point 6, paragraph 2 of these general terms and conditions and the complaint procedure, the buyer is entitled 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 14 days from the delivery of the withdrawal from the purchase contract by non-cash transfer to the buyer's bank account specified by the buyer.
10. The buyer must choose the method of transport when placing the order. Since not all modes of transport are available for all methods of payment - the online store will automatically allow you to select only the mode of transport that is possible in the given configuration when creating an order.
11. The buyer can change the chosen method of transport and payment only after agreement with the seller.
12. The price for the delivery of the order to the place designated by the buyer for individual modes of transport depends on the chosen mode of transport, the method of payment for the shipment, the type of goods, weight, dimensions and price of the shipment. The current shipping fee is calculated online when placing the order, depending on the parameters mentioned above. The transport price list is listed in Annex no. 4 of these general terms and conditions and the complaint procedure.
13. The seller is not responsible for errors in the delivery of goods related to the extension of the time of delivery of goods, or other defects in the delivery of goods, which result exclusively from technical or professional obstacles on the part of the carrier.
VII. Purchase price
1. The displayed purchase price for the goods in the catalog of the e-commerce website operated by the seller includes value added tax in the amount determined by the applicable legislation of the Slovak Republic and does not include the price for transporting goods or other optional services.
2. The total purchase price for the goods agreed in the sales contract between the seller and the buyer is indicated in the processed order.
3. The seller reserves the right to adjust the price of the goods listed on any e-commerce website operated by the seller 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 fact that the goods have not yet been delivered.
4. The buyer is obliged to pay the seller the purchase price, including the costs of delivery of the goods.
5. The buyer is obliged to pay the seller the purchase price for the agreed goods within the period according to the purchase contract, but at the latest when taking over the goods.
6. If the buyer does not pay the seller the full purchase price by the time the goods are delivered to the Location, the seller is entitled to refuse delivery of the goods to the buyer.
7. The costs associated with the transportation of goods are not included in the purchase price, and the seller is not obliged to provide these services to the buyer, nor can they be ordered as part of creating an order in the electronic store.
8. All announced price promotions are always valid only until stock is sold out, unless otherwise stated for a specific product.
VIII. Acquisition of ownership and passing of the risk of damage to the goods
1. The buyer acquires ownership rights to 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 the buyer or a third person authorized by the buyer takes over the goods from the seller or the carrier, or when he does not do so in time, or when the seller allows the buyer to handle the goods and the buyer does not take over the goods.
IX. Complaints procedure (responsibility for errors, warranty, complaints)
1. If it is a product defect that can be removed, the buyer has the right to have it removed free of charge, in a timely manner and properly. The seller is obliged to remove the error without undue delay. If the claimed defect is not proven or it is proven that it is not a warranty defect, the claim will be rejected.
2. The authorized persons for the assessment and processing of the complaint are the managers of the Seller's company.
3. Instead of removing the defect, the buyer may request the replacement of the goods, or if the defect concerns only a part of the goods, the replacement of the part, if this does not result in unreasonable costs for the seller considering the price of the goods or the severity of the defect.
4. The seller can always replace the defective product with a defect-free one instead of removing the defect, if this does not cause serious difficulties for the buyer.
5. If it is a product defect that cannot be removed and which prevents the product from being properly used as a defect-free item, the buyer has the right to exchange the product or withdraw from the purchase contract. The same rights belong to the buyer if the defects can be removed, but the buyer cannot properly use the goods due to the reappearance of the defect after repair or due to a larger number of defects.
6. If there are other non-removable defects, the buyer has the right to a reasonable discount from the price of the goods.
7. The seller is responsible for product defects in accordance with the applicable regulations of the Slovak Republic, and the buyer is obliged to apply the claim directly to the seller.
8. The complaint procedure applies to goods purchased by the buyer from the seller in the form of electronic commerce on the website of the electronic commerce of the seller.
9. The buyer has the right to claim responsibility from the seller for a defect in the goods relating only to goods that show defects for which the manufacturer, supplier or seller is responsible, are covered by a warranty and were purchased from the seller.
10. If the goods show defects, the buyer has the right to claim in accordance with section § 18 par. 2 of Act no. 250/2007 Coll. on consumer protection by delivering the goods to the seller and delivering to the seller an expression of the buyer's will to exercise his right according to points 9 of paragraph 1 to point 9 of paragraph 5 of these general terms and conditions and the complaint procedure (hereinafter referred to as "Notice of claim application") e.g. in the form of a completed claim form, which forms attachment no. 3 of these general terms and conditions and the complaint procedure. The seller recommends insuring the goods when sending them for a claim. The seller does not accept cash on delivery shipments. The buyer is obliged to truthfully state all the required information in the Notice of claim application, in particular to indicate exactly the type and extent of the defect in the goods; the buyer will also indicate which of his rights arising from paragraph § 622 and 633 of the Civil Code applies.
11. The complaint procedure regarding the goods that can be delivered to the seller begins on the day when all the following conditions are met cumulatively: a) delivery of the Notice of claim to the seller, b) delivery of the claimed goods from the buyer to the seller or designated person.
12. The seller or designated person will issue the buyer with a confirmation of the application of the goods complaint in a suitable form chosen by the seller, e.g. in the form of e-mail or in writing, in which he is obliged to accurately indicate the claimed defects of the goods and once again instructs the consumer about his rights arising from point 8.1. until 8.3. these general terms and conditions and the complaints procedure (section § 622 of the Civil Code) and the rights arising from point 8.4. until 8.5. of these general terms and conditions and the complaints procedure (section § 623 of the Civil Code). If the claim is made via means of remote communication, the seller is obliged to deliver the confirmation of the claim to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with a document on the completion of the claim; confirmation of the application of the claim does not need to be delivered if the buyer has the opportunity to demonstrate the application of the claim in another way.
13. The buyer is entitled to decide which of his rights pursuant to section § 622 and para. § 623 of the Civil Code is applied and at the same time he is obliged to immediately deliver information about his decision to the seller. On the basis of the buyer's decision, which of its rights in accordance with section § 622 and para. § 623 of the Civil Code applies, the seller is obliged to determine the method of handling the complaint according to section § 2 letter m) of Act no. 250/2007 Coll. on consumer protection immediately, in more complex cases within 3 days from the start of the complaint procedure, in justified cases, especially if a complex technical evaluation of the condition of the goods is required no later than 30 days from the date of the start of the complaint procedure. After determining the method of handling the complaint, the seller will handle the complaint immediately, in justified cases the complaint can be handled later. However, the processing of the claim must not take longer than 30 days from the date of application of the claim. After the expiry of the deadline for processing the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods.
14. If the buyer made a complaint about the goods within the first 12 months from the conclusion of the purchase contract, the seller can handle the complaint by rejecting it only on the basis of an expert opinion or an opinion issued by an authorized, notified or accredited person or the opinion of a designated person (hereinafter referred to as "expert assessment of the goods"). Regardless of the result of the expert assessment, the seller cannot 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.
15. If the buyer made a complaint about the product after 12 months from the conclusion of the purchase contract and the seller rejected it, the person who processed the complaint is obliged to indicate in the complaint processing document to whom the buyer can send the goods for expert assessment. If the buyer proves the seller's responsibility for the defect through a professional assessment, he can apply the claim again. The warranty period does not expire while the expert assessment is being carried out. If the buyer proves the seller's responsibility for the defect through a professional assessment, the seller will reimburse the consumer within 14 days from the day of re-application of the complaint all costs incurred for the professional assessment, as well as all related costs incurred purposefully. The seller cannot reject a claim that has been applied again.
16. The buyer does not have the right to exercise the right of responsibility for errors of which the seller was informed at the time of the conclusion of the contract, or of which, taking into account the circumstances under which the purchase contract was concluded, he must have known.
17. The seller reserves the right to replace defective goods with other faultless goods with the same or better technical parameters, if this does not cause serious difficulties for the buyer.
18. The seller is not responsible for product defects:
a) if it is an obvious error that the buyer could detect by checking the shipment upon delivery of the goods and which he did not notify the seller's representative in accordance with point 6 and paragraph 8 of these general terms and conditions and the complaint procedure
b) if the buyer did not exercise his right regarding the seller's responsibility for a defect in the goods by the end of the goods' warranty period,
c) if the defect in the goods is mechanical damage to the goods caused by the buyer,
d) if the defect in the goods was caused by the use of the goods in conditions that do not correspond in terms of intensity, humidity, chemical and mechanical effects to the natural environment of the goods,
e) if the defect of the goods was caused by unprofessional handling, service, or neglect of the care of the goods,
f) if the defect in the goods was caused by damage to the goods due to excessive loading, or by use contrary to the conditions specified in the documentation or the general principles of the usual use of the goods,
g) if the defect in the goods was caused by damage to the goods due to unavoidable and/or unforeseeable events,
h) if the defect in the goods was caused by damage to the goods due to accidental damage and accidental deterioration,
i) if the defect in the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other force majeure,
19. The seller is obliged to handle the complaint and end the complaint procedure in one of the following ways:
a) by handing over repaired goods,
b) by exchanging goods,
c) by returning the purchase price of the goods,
d) by paying a reasonable discount on the price of the goods,
e) justified rejection of the goods claim.
20. The seller is obliged to issue a confirmation in writing or by e-mail about the method of determining the handling of the claim and about the handling of the claim to the buyer within 30 days at the latest from the day the claim is made in person, through a postal or courier or delivery service provider. The seller will inform the buyer about the result of the complaint processing immediately after the complaint procedure is over by phone or e-mail, and at the same time, together with the goods, or proof of processing of the complaint delivered via e-mail.
21. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for specific cases.
22. The warranty period is extended by the period during which the buyer could not use the goods due to warranty repair of the goods.
23. In case of exchange of goods for a new one, the buyer will receive a document on which information about the exchange of goods will be given, and any other claims are applied on the basis of the purchase contract and this claim document. In the case of exchanging the goods for a new one, the warranty period starts again from the receipt of the new goods, but only for the new goods.
24. With regard to a defect that can be removed, the complaint will be dealt with depending on the buyer's decision according to point 9 and paragraph 14 of these general terms and conditions and the complaint procedure in the following way:
a) the seller ensures the removal of the defect, or
b) the seller replaces the defective goods.
25. With regard to a defect that can be removed and the buyer does not determine immediately according to point 9 and paragraph 14 of these general terms and conditions and the complaint procedure, how the complaint should be dealt with, the seller will deal with the complaint by removing the defect.
26. If it is a defect that cannot be removed, or one removable defect that has been repeated several times, or a larger number of different removable defects that prevent the goods from being properly used as without defects, the seller will arrange, depending on the buyer's decision according to point 9, paragraph 14 of these general terms and conditions and the complaint procedure, a complaint in the following way: a) in the event that the seller is unable to exchange the goods for another, he will handle the claim by returning the purchase price for the goods; b) by exchanging goods for other functional goods with the same or better technical parameters
27. If it is a defect that cannot be removed, or one removable defect that has been repeated several times, or a larger number of different removable defects that prevent the goods from being properly used as defect-free and the buyer does not immediately determine according to point 9 and paragraph 14. of these general terms and conditions and the complaint procedure, how the complaint should be handled, the seller will handle the complaint by exchanging the goods for other functional goods with the same or better technical parameters.
28. Complaint handling applies only to errors listed in the Notice of complaint and in the confirmation of the complaint of goods according to point 9 and paragraph 13 of these general terms and conditions and the complaint procedure.
29. For the purposes of the complaint, the occurrence of one removable error more than twice is considered to be a removable error that has been repeated several times.
30. For the purposes of the complaint, the occurrence of more than three different removable defects at the same time is considered a greater number of different removable defects.
31. The buyer's right to claim a defect in the goods is after he has exercised his right and asked the seller to remove the defect in the goods according to point 9 and paragraph. 1. These general terms and conditions and the complaint procedure have been consumed and, regardless of the result of the complaint, he is no longer entitled to apply for a complaint repeatedly for the same unique error (not an error of the same type).
32. The provisions of points 9 and 9.1 of these general terms and conditions and the complaints procedure do not expressly apply to entities that do not meet the definition of consumer specified in section § 2 letter a) Act no. 250/2007 Coll. on consumer protection
33. The seller has the right to refuse to accept the goods for the complaint procedure if the claimed goods or their parts are unreasonably dirty or do not meet the basic requirements for hygienically safe handling of the complaint.
X. Warranty Exclusions
1. The warranty does not apply to goods or parts with a specified service life or durability, if this has been achieved.
2. The warranty further does not apply to defects that have arisen:
a) if it is an obvious error that the buyer could have discovered by inspecting the shipment upon delivery of the goods and which he did not notify the seller's representative in accordance with point 6 and paragraph 8 of these general terms and conditions and the complaint procedure,
b) if the buyer did not exercise his right regarding the seller's responsibility for a defect in the goods by the end of the goods' warranty period,
c) if the defect in the goods is mechanical damage to the goods caused by the buyer,
d) if the defect in the goods was caused by the use of the goods in conditions that do not correspond in terms of intensity, humidity, chemical and mechanical effects to the natural environment of the goods,
e) if the defect of the goods was caused by unprofessional handling, service, or neglect of the care of the goods,
f) if the defect in the goods was caused by damage to the goods due to excessive loading, or by use contrary to the conditions specified in the documentation or the general principles of the usual use of the goods,
g) if the defect in the goods was caused by damage to the goods due to unavoidable and/or unforeseeable events,
h) if the defect in the goods was caused by damage to the goods due to accidental damage and accidental deterioration,
i) if the defect in the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other force majeure,
3. In case of failure to pick up the claimed goods within 60 days from the date of filing the claim, the seller, according to § 656 paragraph 1 and paragraph 2 of the Civil Code, authorized to charge an amount for storage in the amount of 1 EUR/day for goods up to 10 kg and 2 EUR/day for other goods. After 180 days, the seller will dispose of the unclaimed claim without compensation.
XI. Withdrawal from the purchase contract
1. The seller reserves the right to cancel the order or its part in the following cases:
a) in the event that the buyer provides incorrect contact information and the order cannot be processed
b) in the event that the buyer did not take delivery of the goods in the past or otherwise violated the general terms and conditions and the complaints procedure
2. If the seller cannot fulfill his obligations arising from the purchase contract due to the stock being sold out, the unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the purchase contract has stopped production or made such serious changes that made it impossible to fulfill the seller's obligations arising from the purchase contract of the contract or for reasons of force majeure or if, even after making all the efforts that can be fairly required of him, he is unable to deliver the goods to the customer within the specified period these terms and conditions or the price stated in the order, the seller is obliged to immediately inform the buyer of this fact and at the same time is obliged to offer the buyer a substitute performance or the possibility for the buyer 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 point of these general terms and conditions and the complaint procedure, the seller is obliged to return to the buyer the advance payment already paid for the goods agreed in the purchase contract within 14 days from the notification of withdrawal from the contract by bank transfer intended by the buyer.
3. The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with sec. § 7 et seq. Act no. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter referred to as the "Consumer Protection in Distance Selling Act") within 14 days from the receipt of the goods, or from the date of conclusion of the contract for the provision of services or the contract for the provision of electronic content not supplied on a physical medium, if the seller has timely and properly fulfilled the information obligations according to section § 3 of the Act on Consumer Protection in Distance Selling.
4. Within this period, the buyer has the right to unpack and test the goods in a similar way as is usual when buying in a classic "brick and mortar" store, to the extent necessary to determine the nature, properties and functionality of the goods.
5. The period for withdrawing from the contract begins on the day when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if a) the goods ordered by the buyer in one order are delivered separately, from the date of receipt of the last delivered goods,
b) delivers goods consisting of several parts or pieces, from the date of receipt of the last part or last piece,
c) on the basis of the contract, the goods are delivered repeatedly during the defined period, from the date of acceptance of the first delivered goods.
6. The buyer may withdraw from the purchase contract, the subject of which is the purchase of goods, even before the expiry of the withdrawal period.
7. Withdrawal from the contract must be made by the buyer in writing in a way that leaves no doubt that the contract has been withdrawn, or in the form of a record on another durable medium or using the form that forms Annex no. 1 of these general terms and conditions and the complaint procedure. The deadline for withdrawal from the contract is considered to have been observed if the notice of withdrawal from the contract was sent to the seller no later than the last day of the deadline according to section § 7 par. 1 of the Act on Consumer Protection in Distance Selling.
8. Withdrawal from the purchase contract according to the passing point of these general terms and conditions and the complaint procedure must contain the information required in the form for withdrawal from the purchase contract, which forms Annex no. 1 of these general terms and conditions and the complaint procedure, in particular the identification of the buyer, the number and date of the order, the exact specification of the goods, the way in which the seller should return the payment already received, in particular the account number and/or postal address of the buyer.
9. If the buyer withdraws from the purchase contract, every additional contract related to the purchase contract from which the buyer withdrew is also canceled from the beginning. It is not possible to demand any costs or other payments from the buyer in connection with the cancellation of the supplementary contract, except for the payment of costs and payments specified in section § 9 par. 3, paragraph § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Service Prices, if the subject of the contract is the provision of a service and the service has been fully provided.
10. The buyer is obliged without undue delay, but no later than within 14 days from the date of withdrawal from the purchase contract, to send the goods back to the address of the operator's seat or hand them over to the seller or a person authorized by the seller to receive the goods. This does not apply if the seller has suggested that he collects the goods personally or through a person authorized by him. The deadline according to the first sentence of this point of these general terms and conditions and the complaint procedure is considered to have been observed if the goods were handed over for transport no later than the last day of the deadline.
11. The buyer is obliged to deliver the goods to the seller complete, including complete documentation, undamaged, preferably in the original packaging and unused.
12. It is recommended to insure the goods. The seller does not accept cash on delivery shipments. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the buyer all payments received from him on the basis of the purchase contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees . The seller is not obliged to return payments to the buyer according to this point of these general terms and conditions and the complaint procedure before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller, unless the seller suggests that he collects the goods personally or through a person authorized by him.
13. The buyer bears the costs of returning the goods to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled the obligation according to § 3 par. 1 letter i) of the Act on Consumer Protection in Distance Selling.
14. The buyer is only responsible for the decrease in the value of the goods, which occurred as a result of such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods. The consumer is not responsible for a decrease in the value of the goods if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract according to § 3 par. 1 letter h) Act on Consumer Protection in Distance Selling.
15. The seller is obliged to return the purchase price for the goods to the buyer by bank transfer, unless he agrees with the buyer on another way of returning payments without additional fees being charged to the buyer in this regard.
16. In the event that the buyer withdraws from the contract and delivers goods to the seller that are used, damaged or incomplete, the buyer undertakes to reimburse the seller for the value by which the value of the goods has been reduced in accordance with section § 457 of the Civil Code in the actual amount.
17. In accordance with sec. § 7 par. 6 of the Act on Consumer Protection in Distance Selling, the buyer cannot withdraw from the contract, the subject of which are:
a) sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
b) sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
c) sale of audio recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has unpacked this packaging,
d) provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.
e) the sale of goods that, after the conclusion of the contract and acceptance of the goods from the seller to the buyer, were assembled, assembled or used in such a way that it is not possible to return them to their original condition by the seller without expending increased effort and increased costs
18. The provisions of these business contractual general terms and conditions and the complaint procedure do not expressly apply to entities that do not meet the definition of consumer specified in section § 2 letter a) Act no. 250/2007 Coll. on consumer protection.
19. The seller is not responsible for the loss or misuse of digital data located on data carriers that are part of the returned goods, nor is he obliged to return them to the buyer.
XII. Alternative dispute resolution
1. The purpose of this article of the general terms and conditions and the complaint procedure is to inform the Consumer about the possibility and conditions of alternative dispute resolution between the Seller and the buyer.
2. Alternative dispute resolution is the procedure of the entity of alternative dispute resolution, the goal of which is to reach an amicable resolution of the dispute between its parties, i.e. between the buyer and the seller. The buyer can resolve his dispute with the seller through alternative dispute resolution.
3. In accordance with generally binding legal regulations, the competent authority (entity) for alternative dispute resolution is the Slovak Trade Inspection, to which the Consumer can contact or another entity that is included in the list of alternative dispute resolution entities published on the website of the Ministry of Economy of the Slovak Republic - http:/ /www.mhsr.sk.
4. The consumer can find out about the conditions and platform of alternative dispute resolution at: http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi
5. The consumer can also resolve the dispute between him and the Seller through the ODR platform. The consumer can find out about the conditions and the ODR alternative dispute resolution platform at: http://ec.europa.eu/consumers/odr/.
XIII. Final Provisions
1. If the purchase contract is concluded in written form, any change to it must be in written form.
2. The contracting parties have agreed that communication between them will be carried out in the form of email messages.
3. The relevant provisions of the Civil Code, Act no. 22/2004 Coll. on electronic commerce and on amendments to Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll. as amended and Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on amendments to certain laws, Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended.
4. These general terms and conditions and the complaint procedure become effective against the buyer upon conclusion of the purchase contract.
5. Before sending the order, the buyer will be asked to check the box to confirm that he has familiarized himself with these general terms and conditions and the complaint procedure, read them, understood their content and agrees with them in their entirety.
6. In this case, the mutual relations between the seller and the buyer, who is not a consumer, are governed by the provisions of Act no. 513/1991 Coll. Commercial Code.
In case of any problems, do not hesitate to contact us:
Animal House, spol. s.r.o.
Jánošíkova 246, 010 01 Žilina
T+ 421 948 410 173
+ 421 902 669 635
e-mail: nutriscience-eu@nutriscience-eu.com
Facebook: www.facebook.com/nutriscienceeu
In Žilina, October 2, 2019